Proceedings of the 1st International Workshop on Law, Economics and Governance, IWLEG 2022, 27 July 2022, Semarang, Indonesia

Research Article

Agrarian Injustice and the Absence of a Maximum Limit of Land Ownership for Legal Entities

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  • @INPROCEEDINGS{10.4108/eai.27-7-2022.2326292,
        author={Muh. Afif Mahfud and Suteki  Suteki},
        title={Agrarian Injustice and the Absence of a Maximum Limit of Land Ownership for Legal Entities},
        proceedings={Proceedings of the 1st International Workshop on Law, Economics and Governance, IWLEG 2022, 27 July 2022, Semarang, Indonesia},
        publisher={EAI},
        proceedings_a={IWLEG},
        year={2023},
        month={1},
        keywords={maximum limit land legal entity},
        doi={10.4108/eai.27-7-2022.2326292}
    }
    
  • Muh. Afif Mahfud
    Suteki Suteki
    Year: 2023
    Agrarian Injustice and the Absence of a Maximum Limit of Land Ownership for Legal Entities
    IWLEG
    EAI
    DOI: 10.4108/eai.27-7-2022.2326292
Muh. Afif Mahfud1,*, Suteki Suteki1
  • 1: Universitas Diponegoro
*Contact email: afifmahfud4@gmail.com

Abstract

One of the indicators for the objective achievement of the national agrarian law is the equitable distribution of land ownership. Therefore, monopoly by legal entities is prohibited. However, until now, there has yet to be a regulation regarding the maximum limit of land ownership by legal entities in Indonesia. This article aims to determine the effect of regulation absence on the maximum limit of land ownership by legal entities on the inequality of land ownership and to review the absence of this regulation from the perspective of agrarian justice. This is normative research that uses statute and conceptual approaches. This research used primary and secondary legal materials obtained through literature studies. Data is based on content analysis. The results show an imbalance in land ownership between farmers and those controlled by legal entities because there is no maximum limit on land ownership for the latter, causing monopolies and land abandonment. The absence of a maximum land ownership limit differs from the value of justice and national agrarian law's objectives because it causes land ownership inequality. Therefore, it is necessary to precisely regulate the maximum limit of land ownership by legal entities based on the value of justice to achieve the welfare of all communities.