irsan muharam and partners

Land, Housing, and Property

Land law refers to legal norms for the state to adjust various social and economic relations in the ownership, control, operation, use, protection and management of land. Its purpose is to protect the land economic interests of the ruling class and help stabilize the ruling class’ socio-economic order and political rule. [1]

1 definition of the term
This concept includes the following meanings:

(1) Land law is a norm formulated or approved by the state and its implementation is guaranteed by the coercive power of the state.

(2) Relevant land laws and regulations formulated or recognized by the state are universally binding on all members of society. All units and individuals must adhere to it strictly. Any violation of land laws and regulations must be punished in accordance with the law to ensure that the national land law is enforced.

(3) The object of land law adjustment is the various social relations that the community has in the process of developing, using, renovating and protecting land, namely land relations, including land ownership relations, use relations, income distribution relations, rights and obligations, etc. .

(4) Land law in a broad sense is a general term for legal norms governing land relations; Land law in a narrow sense refers to certain land laws, such as land management laws.

Competing for Land Reform Laws

① Regulations on ownership, ownership, use and management rights of land. In western developed countries, there are also legal regulations regarding land sales, leases, transfers, inheritance and mortgages. This is a core part of the land law and is a prerequisite for other land laws.

② Provisions regarding the relationship between rights and obligations in land planning, utilization and protection. Economically developed countries have statutory regulations in this field, especially in modern economic development, regulations on environmental protection, soil and water conservation, and maintenance of ecological balance in general have attracted the attention of all countries.

③ Regulations on public facilities and modern occupation and land acquisition. Legal problems in this area are becoming more acute, especially in countries with more people and less land than laws in this area.

④ Regulations on land management, including land management agencies and land surveys, registration, statistics, issuance of certificates, archives and other legal regulations. 

Indonesia