Proceedings of the 3rd International Conference on Indonesian Legal Studies, ICILS 2020, July 1st 2020, Semarang, Indonesia

Research Article

Actualizing Land Bank as One of The Efforts to Prevention of Land Disputes and Conflicts Settlement

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  • @INPROCEEDINGS{10.4108/eai.1-7-2020.2303664,
        author={Supardy  Marbun},
        title={Actualizing Land Bank as One of The Efforts to Prevention of Land Disputes and Conflicts Settlement},
        proceedings={Proceedings of the 3rd International Conference on Indonesian Legal Studies, ICILS 2020, July 1st 2020, Semarang, Indonesia},
        publisher={EAI},
        proceedings_a={ICILS},
        year={2021},
        month={1},
        keywords={land bank prevention conflict},
        doi={10.4108/eai.1-7-2020.2303664}
    }
    
  • Supardy Marbun
    Year: 2021
    Actualizing Land Bank as One of The Efforts to Prevention of Land Disputes and Conflicts Settlement
    ICILS
    EAI
    DOI: 10.4108/eai.1-7-2020.2303664
Supardy Marbun1,*
  • 1: Doctoral Graduate Program, Law Science of Jayabaya University, Indonesia
*Contact email: supardymarbun@gmail.com

Abstract

One of agrarian problems in Indonesia is about prolonged and unresolved land disputes and conflicts. The land disputed and conflicts become strategic including land disputes and conflicts and land tenure, the acquisition of land problems for development in the public interest including to private interest, land supplies to serve national strategic programs, land conflicts impacts to decrease in productivity, neglected land problems and etc. The establishment of the concept of land bank development is expected to become one of solution to prevent land disputes and conflicts especially related on acquisition and availability of land for public interest performed by government or private. The truly substance of this land bank is land reserves conducted by the government through the legitimate acquisition according to the law provisions to fulfillness of the land. The constitutional basis of establishing a land bank is 1945 Constitution especially article 33 paragraph 3 and Law of The Republic of Indonesia Number 5 of 1960 Concerning the Fundamentals of Agrarian Affairs. Research on this land bank is carried out normatively. The research on land bank is conducted in a normative juridical manner in particular this study examines the conception of land bank stipulated in Draft Bill on Land how it can be realized as an effort to prevent land disputes and conflicts in Indonesia.