This document provides an overview of agrarian law in Indonesia. It defines key terms related to agrarian law, outlines the scope of agrarian matters according to Law No. 5/1960, and discusses how agrarian law encompasses both civil law regulating individual land rights and administrative law authorizing state actions on land issues.

1. International Program
Undergraduate Study Program in Law
Faculty of Law
Ricco Survival Yubaidi, SH, MKn, PhD (c)
Agrarian Law – B (HK-IP)

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WHAT DO YOU KNOW?
WHAT DO YOU EXPECT?

3. • Law Number 5 of 1960 concerning Basic
Agrarian Law (BAL)
• Government Regulation Number 24 of 1997
concerning Land Registration
• Law Number 2 of 2012 concerning Land
Acquisition for Development in the Public
Interest
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REGULATION

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WHICH ONE IS CORRECT ?

5. • AGRARIAN LAW = Wider in scope, because
it includes Earth, Water, Space, Natural
Wealth contained therein. (Wide sense)
• LAND LAW = Overall legal regulations, both
written and unwritten, that regulate land
tenure rights, which are legal institutions
that deal with concrete law. Is a narrow part
of agrarian law. (Narrow sense)
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AGRARIAN / LAND LAW

6. • Akker (Dutch)
• Agros (Greek) means agricultural land
• Agger (Latin) means land or plot of land
• Agrarius (Latin) means farming, rice fields,
agriculture
• Agrarian (English) means land for
agriculture
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AGRARIA

7. • Agrarian is relating to land, or to a division
or distribution of land; as an agrarian laws
(Black’s Law Dictionary)
• Agrarian matters is the land and all that is
in and on it (Andi Hamzah)
• Agrarian matters are land and everything in
and on it, inside for example stones, gravel,
mines, above for example plants, buildings.
(Subekti & R Tjitrosoedibjo)
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AGRARIA

8. • Enacted into law on September 24, 1960
known as the Basic Agrarian Law (UUPA).
• Although know as Basic Agrarian Law, it does
not limit itself just to agrarian matters, also
natural resources (mineral, water, fish, oil,
space, etc)
• BAL (UUPA) does not provide a definition of
agrarian, only provides a scope covering the
earth, water, space and natural resources
contained therein.
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Law No 5/1960 (BAL)

9. • EARTH: Article 1 paragraph 4 of BAL; The surface
of the earth, including the body of the earth below it
and under water.
• WATER: Article 1 paragraph 5 BAL; including inland
waters such as rivers, lakes, swamps and sea
territory/territorial sea of Indonesia
• SPACE: Article 1 paragraph 6 of the BAL; The space
above the earth and the space above the water in
the territory of Indonesia
• NATURAL RESOURCES: Materials, Chemical
Elements, Minerals, All Kinds of Rocks, Including
Precious Rocks which are natural deposits
SCOPE OF AGRARIAN
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10. Agrarian Law in a wide sense, is a group of various
fields of law, each of which regulates the Rights of
Tenure over Natural Resources including:
• Land Law (regulating tenure rights over land)
• Water Law (regulating tenure rights over water)
• Mining Law (regulates the right to control minerals)
• Fisheries Law (Regulate Natural Wealth contained in
water)
• Space Law (The space above the earth and the
space above the water in the territory of Indonesia)
SCOPE OF AGRARIAN
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11. • Overall legal rules, both written and unwritten
that regulate agrarian matters (Soedikno
Mertokusumo)
• The whole of the legal provisions, both Civil
Law and Constitutional Law as well as State
Administrative Law which regulates relations
between people, including legal entities, with
earth, water, and space in the entire territory of
the State and also regulates the authority
originating in the relationship (R Tjitrosoedibio)
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POSITION OF AGRARIAN LAW

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REGULATES THE LAND ACTIVITIES
RELATION, AUTHORITY

13. • Written Law
– Article 33 of the 1945 Constitution of the
Republic of Indonesia
– BAL
– Implementing regulations and other applicable
regulations
• Unwritten Law
– Customary Law that has been reviewed
– New customary law that is not customary law
WRITTEN / UNWRITTEN LAW
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14. • Agrarian Law as a whole of legal provisions
originating from individual rights and legal
entities that allow, oblige, prohibit legal
actions related to land (the object)
• Example: Buying and selling, Exchange,
Grants, Mortgage, Inheritance
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WITHIN PERDATA/CIVIL LAW

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BUYING / SELLING LAND

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MORTGAGE

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INHERITANCE

18. • Agrarian Law as a whole of legal provisions
that authorize officials in carrying out state
legal practices and take action on agrarian
problems that arise
• Example: Land Registration, Land
Acquisition, Revocation of Land Rights
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WITHIN ADMINISTRATIVE LAW

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LAND REGISTRATION ACTIVITIES

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LAND AQCUISITION ACTIVITIES

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WHAT WE CONCLUDE ?

22. 0857-9935–9716
riccoyubaidi@gmail.com
224100501@uii.ac.id
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THANK YOU