PROBLEMATIKA HUKUM AGARARIA; ANALISIS TERHADAP KETIMPANGAN PENGUASAN DAN KEPASTIAN HAK ATAS TANAH

Abstrak

Land has a strategic position in the economic, social, and cultural life of the Indonesian people. However, inequality in land tenure and weak certainty of land rights are still fundamental problems in national agrarian development. This research aims to analyze land tenure inequality in Indonesia and examine the implementation of agrarian law from the perspective of social justice and legal certainty. Using a qualitative descriptive method based on literature study, the results of the study show that the inequality of land tenure is caused by structural failures in the implementation of the Basic Agrarian Law (UUPA) No. 5 of 1960, overlapping regulations between institutions, and the dominance of political and economic interests in the management of land resources. More inclusive agrarian law reform, equitable land redistribution, and strengthening of indigenous peoples' rights are needed so that the ideals of agrarian justice can be realized.