INTEGRATION OF LAND RIGHTS AND SPATIAL ZONING INTHE INDONESIAN LAND LEGAL SYSTEM
DOI:
https://doi.org/10.52152/gr177532Keywords:
Land Rights, Spatial Zoning, Legal Certainty, Indonesia, Property Law, Spatial Planning, PTSL, Land AdministrationAbstract
Indonesia's systematic land registration program faces significant challenges in integrating individual property rights with comprehensive spatial planning requirements, particularly through the Complete Systematic Land Registration Program (PTSL). Current legal frameworks create potential conflicts between certified land rights and spatial zoning regulations that could undermine property security and economic development. This article argues that Indonesia's land law system requires fundamental legal reforms to ensure compatibility between land certification processes and spatial planning instruments, specifically the Regional Spatial Plan (RTRW) and Detailed Spatial Plan (RDTR). Existing scholarship emphasizes either property rights or planning law but rarely examines their systematic integration within developing legal systems. Previous studies overlook how administrative coordination mechanisms could resolve apparent legal conflicts between individual land ownership and public spatial planning objectives. Using comparative doctrinal analysis and normative juridical methodology, this research examines integration models from other developing legal systems to propose institutional reforms for Indonesia's land administration system. The analysis reveals that misalignment between RTRW and RDTR creates land use conflicts that threaten legal certainty for land rights holders and disrupts PTSL program implementation. Effective integration requires strengthened inter-agency coordination, enhanced community participation in planning processes, and comprehensive policy reformulation that holistically addresses both individual property rights and collective spatial planning needs. These findings provide practical guidance for Indonesian policymakers in formulating more integrative regulations while contributing theoretical insights for international property law scholars studying land-use coordination challenges in developing economies. The research demonstrates that sustainable land governance requires balancing distributive, procedural, and intergenerational justice principles to achieve legal certainty and social equity in land resource management.
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