Disharmony legislation in the agrarian sector

Author: 
Suhariningsih, Abdul Rahmat Budiono, Iwan Permadi and Firmansyah Lumban Tobing

Disharmony (inconsistency) of laws and regulations is due to the existence of sectoral egos between ministries / institutions in the process of planning and legal formation. In 2016 15 harmonized draft laws, 64 draft Government Regulations and 7 draft Presidential Regulations. Regulation of land rights still raises many problems with regard to sectoral, departmental and local (regional) activities. In its assessment, this occurred due to a discrepancy between what was regulated by Law Number 5 Year 1960 concerning Basic Agrarian Principles Regulations (hereinafter referred to as UUPA) with other laws. The main objective of this study is to determine the impact of the implementation of various laws and regulations related to land and provide options for synchronizing / harmonizing so that the legal framework for land management in Indonesia is compatible with what is mandated by the constitution. The method used in this study is normative legal research using for approaches namely historical approach, statue approach, conceptual approach, and philosophical approach. This study uses primary, secondary and tertiary legal materials. Meanwhile, analysis of the subject matter and legal material was carried out in a descriptive analytic manner. This study concludes that there is still overlapping substance in natural resource regulation because each sector adheres to sectoral laws with the same degree of law. This overlap occurs because there is no one ministry / department authorized to coordinate natural resource related policies and their implementation. Sectoral laws whose publishing process through the legislature does not guarantee free from overlap, because the discussion of sectoral laws is carried out through commissions that are different according to their respective fields. Harmonization tasks that are charged to the Ministry of Law and Human Rights cannot always be expected to have maximum results due to various obstacles.

Paper No: 
2435