Juridical Analysis of The Control of Abandoned Land Based on Government Regulation Number 20 of 2021 Concerning The Control of Abandoned Areas and Land

Abstract

The aim of the research is to find out about the mechanism for controlling abandoned land based on Government Regulation Number 20 of 2021 concerning Controlling Abandoned Areas and Land and to analyze the legal consequences of determining control over abandoned land. The research method used is normative research, legal materials sourced from primary legal materials, secondary legal materials and non-legal materials, analyzed descriptively qualitatively. Based on the results of research and discussions, it shows that the mechanism for determining areas indicated as abandoned, the authority to carry out an inventory rests with the leadership of state institutions, ministries, non-ministerial government institutions, provincial regional governments, or district/city regional governments. Meanwhile, land indicated as abandoned is carried out by the land office. The stages taken to control abandoned areas and land are: 1) evaluation of abandoned areas and land; 2) warning of abandoned areas and lands; and 3) determination of abandoned areas and land. Based on the evaluation, warnings were carried out 3 (three) times, if they were not heeded, the head of the regional office, within a maximum period of 30 (thirty) working days, proposed the designation of abandoned land to the Minister of Agrarian Spatial Planning. As a legal consequence of determining an area as an abandoned area, this determination can also include: 1) revocation of permits and/or, 2) confirmation that it is an area controlled directly by the state. Meanwhile, for abandoned land, the determination of abandoned land results in: 1) the abolition of land rights or management rights, 2) the severing of legal relations, and 3) confirmation as state land, former abandoned land which is controlled directly by the state, if only part of it is designated as abandoned land. from the expanse, it can also contain orders to carry out extensive revisions of land rights.