Sistem Pengelolaan Badan BANK Tanah Pasca Undang-Undang Nomor 6 Tahun 2023 Tentang Cipta Kerja

Abstract

The establishment of the Land Bank Agency under Law Number 6 of 2023 on Job Creation aims to accelerate infrastructure development by ensuring the availability of land for public interest, social interest, national development, economic equalization, land consolidation, and agrarian reform. However, the implementation of the Agency's functions in land acquisition for infrastructure development raises issues concerning legal protection for affected communities. The research problems include: how the concept and regulatory framework of the Land Bank Agency management system are formulated under Law Number 6 of 2023; how the mechanisms of land acquisition, management, and redistribution are carried out by the Land Bank Agency following the enactment of the Law; and what legal implications the management system has for the protection of community land rights and legal certainty in land acquisition for development. This study employs a normative juridical method with a doctrinal research type and a statute approach. The data used consist of secondary sources. including laws and regulations, legal literature, court decisions, and interviews with relevant informants, all of which are qualitatively analyzed. The research findings indicate that the concept and regulatory framework of the Land Bank Agency in Law Number 6 of 2023 are stipulated in Articles 125 through 135 as an institution mandated to manage land for development purposes to promote public welfare. Structurally, the Agency functions as a special body under, and accountable to, the President through the minister responsible for agrarian/land affairs, as regulated by Government Regulation Number 64 of 2021 and Presidential Regulation Number 113 of 2021. The mechanism for land acquisition is carried out through direct purchase based on fair price agreements, land exchange, voluntary relinquishment of rights, or land acquisition for public interest. The legal implications of the Land Bank Agency management system include enhanced legal certainty in land acquisition due to the availability of state-controlled land reserves, which reduces agrarian conflicts and expedites development processes, although it simultaneously poses potential risks to the protection of community rights.