Hukum Agraria Indonesia Setelah Berlakunya UUPA - Ricco Survival Yubaidi, SH, MKn, PhD (c)

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

2. Background / Development of Agrarian Law
• Agrarian Law During Dutch Colonialism
• Agrarian Law After Independence
• Agrarian Law After UUPA / BAL
Page 2
MEETING CLASS – DAY 3, 4, 5
Ricco Survival Yubaidi, S.H., M.Kn., Ph.D (c)

3. Page 3
BACKGROUND/DEVELOPMENT
OF AGRARIAN LAW
During Dutch
Colonialism
After
Independence
After UUPA /
BAL 1960
1945 1960
1870
Ricco Survival Yubaidi, S.H., M.Kn., Ph.D (c)

4. Page 4
BACKGROUND/DEVELOPMENT
OF AGRARIAN LAW
Agrarische
Wet 1870
BAL/UUPA
1960
Land
Registration
1961
Land
Registration
1997
RUU
Pertanahan
Ricco Survival Yubaidi, S.H., M.Kn., Ph.D (c)

5. Page 5
BACKGROUND/DEVELOPMENT
OF AGRARIAN LAW
Ricco Survival Yubaidi, S.H., M.Kn., Ph.D (c)
1870 1945 1960

6. Page 6
AGRARIAN LAW AFTER
UUPA/BAL 1960
Ricco Survival Yubaidi, S.H., M.Kn., Ph.D (c)
1945-1967
(ORDE LAMA)
1967-1998
(ORDE BARU)
1998-RECENT
(REFORMASI)

7. Page 7
IR. SOEKARNO
(1945-1967)
Ricco Survival Yubaidi, S.H., M.Kn., Ph.D (c)

8. • Agrarian Law to ensure the realization of prosperity
for all Indonesian people
• Agrarian Law pays special attention to community
groups who were weak and marginalized by previous
land policies
• The existence of individual rights of land, equality of
access but still paying attention to the social
functions of the land by enacting land area
restrictions and a prohibition on abandoning land
• Freedom encourages peasant organization and the
opening of movements for mass peasant
organizations to strengthen themselves
Page 8
1945-1967
Ricco Survival Yubaidi, S.H., M.Kn., Ph.D (c)

9. • Law Number 1 of 1958 concerning the Elimination
of “Partikelir” Lands
• Law No. 2 of 1960 concerning Production Sharing
Agreements
• Law Number 5 of 1960 concerning Basic Agrarian
Law
• Law Number 56 PRP/1960 concerning
Determination of Agricultural Land Area
• Government Regulation Number 224/1961
concerning Implementation of Land Distribution and
Implementation of Compensation
Page 9
1945-1967
Ricco Survival Yubaidi, S.H., M.Kn., Ph.D (c)

10. Page 10
SOEHARTO
(1967-1998)
Ricco Survival Yubaidi, S.H., M.Kn., Ph.D (c)

11. • There was a shift in development ideology from Indonesian-style
socialism developed by Sukarno to capitalism in the form of
liberalization and privatization of land tenure and use by
Soeharto
• The Landreform program was discontinued, distribution was not
to as many people as possible, but to certain subjects who were
considered to have the ability to manage both in terms of capital
and management and mastery of technology
• Development depends on foreign debt
• Agrarian policy places more emphasis on aspects of increasing
production without first reorganizing the agrarian structure from
an unequal one to a more just one
Page 11
1967-1998
Ricco Survival Yubaidi, S.H., M.Kn., Ph.D (c)

12. • There was a shift in development ideology from
Indonesian-style socialism developed by
Sukarno to capitalism in the form of
liberalization and privatization of land tenure
and use by Soeharto
• The Landreform program was discontinued,
distribution was not to as many people as
possible, but to certain subjects who were
considered to have the ability to manage both
in terms of capital and management and
mastery of technology
Page 12
1967-1998
Ricco Survival Yubaidi, S.H., M.Kn., Ph.D (c)

13. Page 13
1998-RECENT
Ricco Survival Yubaidi, S.H., M.Kn., Ph.D (c)

14. • Capitalistic, liberal and competitive policies have not
changed. Land policy is still continuing what was
practiced during the “Orde Baru” Period
• The National Land Agency is trying to restore the
spirit of the UUPA/BAL but it is not getting enough
support from sectorial agencies
• Conflicts of authority between government agencies
related to land, namely the Ministry of Agrarian
Spatial Planning/National Land Agency with the
Ministry of Forestry, Ministry of Agriculture, etc
• The emergence of the spirit of agrarian reform
Page 14
1998-RECENT
Ricco Survival Yubaidi, S.H., M.Kn., Ph.D (c)

15. • Law Number 26 of 2007 concerning Spatial
Planning
• Law Number 17 of 2019 concerning Water
Resources
• Law Number 4 of 2009 concerning Mineral
and Coal Mining
• Law Number 41 of 2009 concerning
Protection of Sustainable Food Agricultural
Land
Page 15
REGULATION
Ricco Survival Yubaidi, S.H., M.Kn., Ph.D (c)

16. • Redefining agrarian reform as a continuous
process in matters relating to the
arrangement of control, ownership, use and
utilization of agrarian resources so that they
can be used for the greatest prosperity of
the people.
Page 16
TAP MPR No IX/MPR/2001
Ricco Survival Yubaidi, S.H., M.Kn., Ph.D (c)

17. • Look for laws and regulations related to
agrarian differences between their periods of
application
• Orde Lama (1945-1967)
• Orde Baru (1967-1998)
• Reformasi (1998 – Present)
• Student will present the finding 10-15 minutes
on Friday, 25 March 2022
• After completion, will be continued with a
discussion session
Page 17
ASSIGNMENT
Ricco Survival Yubaidi, S.H., M.Kn., Ph.D (c)

18. International Program
Undergraduate Study Program in Law
Faculty of Law
THANK YOU