Unsur Sengaja pada Tanah Yang Tidak Dipergunakan Atau Dimanfaatkan dalam Perspektif Hukum Administrasi Pertanahan

Abstract

Land plays a strategic role in Indonesia’s national development as both a livelihood and a constitutional
mandate. However, the prevalence of abandoned land—over 99,099 hectares officially designated, and 854,662
hectares identified—raises critical legal concerns. Government Regulation No. 20 of 2021 on the Control of
Abandoned Areas and Land aims to address this issue through administrative means yet introduces
interpretative challenges surrounding the legal element of “intentionally” not utilizing land. This article
examines the juridical interpretation of the “intent” requirement in determining whether land is deemed
abandoned. The absence of a clear, objective definition of “intentionally” poses legal uncertainty and the risk of
arbitrary state action that may infringe upon constitutionally protected land rights. Through normative
juridical analysis, this study argues that the subjective nature of “intent” must be clarified by observable
indicators, such as prolonged inaction, overgrown physical conditions, or documented administrative neglect.
The research further highlights potential contradictions in implementation, including unequal treatment
between state-held land and privately held plots. In conclusion, while abandoned land policies are essential for
equitable agrarian reform, the state must ensure legal certainty, procedural safeguards, and proportional
interpretation of "intent" to uphold agrarian justice and constitutional property rights. The paper recommends
technical guidelines for determining intent and emphasizes the importance of due process before revoking land
rights under the pretext of abandonment.