Land Problems and Legal Impact for Agrarian and Spatial Planning Officers
Abstract
The Ministry of Agrarian Affairs and Spatial Planning/National Land Agency (ATR/BPN) is a government institution with the authority to carry out duties and functions of public services in agrarian, spatial planning and land. The development of land law issues in society has involved many officials from the Ministry of ATR/BPN as implementers of agrarian and land sector functions. The impact is the emergence of a sense of anxiety and worry felt by the Ministry of ATR/BPN officials when carrying out their duties. It is because if the land administration services provided by the Ministry of ATR/BPN are not thorough and careful, there are many gaps in legal violations, not only administrative and civil but also criminal. If the implementer of agrarian and land functions is a Civil Servant (PNS) and becomes a suspect in a legal case, he will be temporarily dismissed. He will not receive income from the Government Regulation on Civil Servant Management. Therefore, the problem that will be studied in this paper is the legal impact of land problems on the implementers of agrarian functions. This study explores the potential legal risks that implementers of agrarian functions can experience amidst the development of problematic land issues. The method used in this study is qualitative with a normative juridical approach. A normative juridical approach examines the legal rules and regulations that apply to answer legal problems. The results are that the administrative services carried out by the Ministry of ATR/BPN cannot be seen solely as part of administrative law. This is because the administrative services carried out can impact a person's legal ownership/civil status. Existing law enforcement instruments differentiate the judicial process for administrative, civil, and criminal violations.
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Laws and Regulations
Law Number 31 of 1999 on the Eradication of Corruption
Law Number 41 of 1999 on Forestry
Law Number 5 of 2014 on State Civil Apparatus
Law Number 30 of 2014 on Government Administration
Government Regulation 11 of 2017 on Civil Service Management
Regulation of the Minister of Agrarian Affairs and Spatial Planning / Head of the National Land Agency Number 16 of 2020 on Organization and Work Procedures of the Ministry of Agrarian and Spatial Planning / National Land Agency
Regulation of the Minister of Agrarian Affairs and Spatial Planning / Head of the National Land Agency Number 21 of 2020 on the Handling and Settlement of Land Cases
Regulation of the Minister of Agrarian Affairs and Spatial Planning / Head of the National Land Agency Number 13 of 2022 on Legal Advocacy Services in the Environment of the Ministry of Agrarian Affairs and Spatial Planning / National Land Agency.
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DOI: http://dx.doi.org/10.25216/jhp.13.1.2024.123-146
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