Proceedings of the 3rd International Conference on Law, Economics & good Governance (ICLAW 2025)

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Indonesian Agrarian Law: the Illusion of State Land Control and Overlapping Land Regulations

Authors
Lidya Christina Wardhani1, *
1Faculty of Law, Muria Kudus University, 59327, Kudus, Central Java, Indonesia
*Corresponding author. Email: lidya.christina@umk.ac.id
Corresponding Author
Lidya Christina Wardhani
Available Online 29 December 2025.
DOI
10.2991/978-2-38476-519-5_43How to use a DOI?
Keywords
Indonesian Agrarian Law; State Land Control; Regulatory Overlaps in Land Governance
Abstract

As the sovereign authority entrusted with land management, the Indonesian state has paradoxically failed to ensure prosperity, welfare, and justice for its citizens. In practice, agrarian resource governance has frequently been coopted under the guise of public interest by particular groups or individuals, resulting in widespread land conflicts and the emergence of land mafia networks. The constitutional concept of state land control was designed to achieve social justice and collective prosperity. However, its implementation has been undermined by regulatory conflicts between the Basic Agrarian Law (UUPA) and hierarchically subordinate legislation, potentially obstructing the state’s welfare objectives. This paper examines how the state’s land governance framework, while constitutionally mandated, has failed to deliver equitable outcomes due to persistent inconsistencies between the UUPA and subsequent regulations. These legal ambiguities have precipitated numerous land disputes and predatory practices that ultimately harm national interests.

Copyright
© 2025 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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Volume Title
Proceedings of the 3rd International Conference on Law, Economics & good Governance (ICLAW 2025)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
29 December 2025
ISBN
978-2-38476-519-5
ISSN
2352-5398
DOI
10.2991/978-2-38476-519-5_43How to use a DOI?
Copyright
© 2025 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

Cite this article

risenwbib
TY  - CONF
AU  - Lidya Christina Wardhani
PY  - 2025
DA  - 2025/12/29
TI  - Indonesian Agrarian Law: the Illusion of State Land Control and Overlapping Land Regulations
BT  - Proceedings of the 3rd International Conference on Law, Economics & good Governance (ICLAW 2025)
PB  - Atlantis Press
SP  - 540
EP  - 547
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-519-5_43
DO  - 10.2991/978-2-38476-519-5_43
ID  - Wardhani2025
ER  -