Indonesia Agrarian Law: A Transformative Model of Legal Pluralism Daryono *(a)- Antarain Prasanthi Sigit (b)
a. Daryono, Faculty of Law, Social and Political Sciences, Universitas Terbuka, Indonesia
b. Antarin Prasanthi Sigit, Faculty of Law, University of Indonesia.
Abstract
The Basic Agrarian Law (UUPA) of 1960 was enacted to rectify pluralistic nature of colonial agrarian law by establishing a legal framework that based on customary law (adat law) and aims to unify the diverse legal identities across Indonesia. The integration of customary law (hukum adat) into Indonesian agrarian law has significantly influenced the national legal identity, reflecting a complex interplay between adat law and modern legal principles. This integration is not merely a legal necessity but also a cultural imperative that seeks to preserve and promote the unique social fabric of Indonesian society. However, these attempts seem to create long-lasting disputes in agrarian resource management and customary land dispossession due to increased economic development. The protection of customary (adat) land is essential, overlay restrictive policies could hinder foreign investment, which is crucial for development. In 2023, Indonesian government enacted a controversial law on Job Creation (Omnibus Law) attempted to accelerate foreign investment by introducing a number of new legal institutions including a land bank, a right of management over vast land to non-government institution including private company, more freedom for foreigner to own property in Indonesia, and long-term land rights and lease. These new legal provisions create a tension with the Basic Agrarian Law 1960. The article discusses the current contestation of new land policy. It was argued that there needs a transformative process to facilitate evolutionary changes to promote equitable agrarian resource management.
