State Policy’s Analysis in the Redistribution of Reformed Agrarian Lands From Forest Areas in Indonesia (Study of Presidential Regulation Number 86 Year 2018 Regarding Agrarian Reform)

Abstract

Agrarian reform is a development priority in Nawa Cita and set forth in Presidential Regulation No. 2 of 2015 concerning the National Medium-Term Development Plan (RPJMN). It is known in the RPJMN that the target for implementing an agrarian reform policy is 9 million hectares, consisting of a policy of legalizing land totaling 4.5 million hectares and redistribution of land totaling 4.5 million hectares. Where 4.1 million hectares of land to be redistributed, comes from forest land. In order to facilitate the achievement of these agrarian reform targets, the Government then established norms in the form of Presidential Regulation Number 86 Year 2018 on Agrarian Reform, which regulates land originating from forest areas to resolve existing problems and anticipate other problems. Related to the state's authority in redistributing land originating from forest areas as an object of agrarian reform, of course, in accordance with the mandate of the Constitution and TAP MPR Number IX / MPR / 2001 which has given the authority to manage the land to the state. Then the change in the function of the forest area as a TORA Object is deemed appropriate as long as it aims to achieve Agrarian Reform. Then the types of forest areas that are the object of agrarian reform based on Article 1 Paragraph (3) of the 2018 LHK Ministerial Regulation, namely: a. nonproductive HPK area, b. production forest areas or protected forest areas that have been controlled, owned, used and utilized for settlements, public facilities and / or social facilities, arable land. Keywordsstate control, land redistribution.