Legal Basis of Land Reform

Abstract

Land reform is an overhaul of ownership and control of agricultural land and legal relations related to land acquisition. The purpose of holding land reform is to enhance income and standard of living of smallholder farmers as a foundation or prerequisite for carrying out economic development towards a just and prosperous society based on Pancasila. The purpose of the land reform implementation is by the government distributing land to the community (farmers) by giving ownership rights, but the ownership rights cannot be traded for 10 years and there must be an authorized permit. This is contrary to the concept of ownership rights in the UUPA, which states that property rights are hereditary, strongest, fulfilled rights that people can have on land by looking at Article 6 regarding social functions. The strongest meaning of ownership rights over land is stronger than other ownership rights and does not have a term. The method used in this research is normative juridical which prioritizes secondary data in the form of primary legal materials, secondary legal materials, and tertiary legal materials. Then the secondary data is described and analysed using the theory of land law in the UUPA.