12 Academics Support Strengthening Land Governance

As the judicial review of the Job Creation Law enters its final phase at the Constitutional Court, academic support for the existence of the Land Bank Authority is strengthening. Twelve academics from various universities across Indonesia have submitted a legal opinion, or amicus curiae, to the Court. The document was delivered two days before the scheduled submission of trial conclusions, serving as independent input for the panel of judges in assessing the constitutionality of the Land Bank Authority. The academics emphasised that the legal opinion is not intended to support either the petitioners or the government. According to them, the study was prepared as a scientific contribution based on philosophical and constitutional approaches, as well as the social realities developing within society. “We, the 12 academics, are submitting this legal opinion as amicus curiae. We are not taking sides with the petitioners or the government. The study we present is viewed from philosophical, constitutional, and ongoing social fact perspectives,” said M. Hadin Muhjad, Professor at the Faculty of Law, Lambung Mangkurat University. In the document, the academics argue that the existence of the Land Bank Authority does not conflict with the 1945 Constitution of the Republic of Indonesia. On the contrary, the institution is considered to be in line with the mandate of Article 33 paragraph (3) of the 1945 Constitution, which stipulates that the land, water, and natural resources are controlled by the state for the greatest prosperity of the people. Hadin stated that the Land Bank Authority could instead become an important instrument in strengthening national land governance. He also dismissed concerns that the institution would clash with the authority of the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency. According to him, the Land Bank Authority’s authority is limited to management aspects. Therefore, its existence neither takes over nor interferes with the authority of the Ministry of ATR/BPN. “Its authority is very limited, only in the field of management, so it will not interfere with the authority of the Ministry of ATR. There is no overlap,” Hadin asserted. Besides being viewed as relevant for improving land governance, the Land Bank Authority is also considered a potential solution to the slow progress of agrarian reform. To date, this agenda has often been hampered by bureaucratic issues, land availability, and land conflicts and disputes. “This is to break the deadlock in agrarian reform so far. A deadlock that is even often considered a failure. The presence of the Land Bank can provide real assistance to resolve these problems,” said Hadin. Of the 12 academics who drafted the amicus curiae, six were present to submit the document to the Constitutional Court. They included Triatma Mulya University environmental expert Dr. Ir. Deddy Kurniawan Halim, Lambung Mangkurat University Professor of Law Prof. Dr. M. Hadin Muhjad, Syiah Kuala University legal expert Dr. Suhaimi, Cendrawasih University Dean of Law Dr. Yustus Pondayar, Jambi University Professor Prof. Dr. Elita Rahmi, and University of Sumatera Utara legal expert Dr. Mirza Nasution. This academic input adds a new dimension to the judicial review proceedings of the Job Creation Law, particularly regarding the debate on the state’s position in land management and the future of agrarian reform in Indonesia.