The Ministry of ATR/BPN Ensures the Inclusion of a Land Judiciary System in the Draft Bill on Land Affairs

The Ministry of Agrarian Affairs and Spatial Planning/National Land Agency (“ATR/BPN”) has confirmed that the Draft Bill on Land Affairs (“Draft Bill on Land Affairs ”) will include provisions governing a land dispute adjudication system. The Secretary General of Ministry of ATR/BPN, Dalu Agung Darmawan, stated that regulating a land adjudication system through legislation at the level of an Law is important to address the criminalization of administrative matters in the land sector.

“Many administrative issues are being pushed into the realm of criminal law. This matter must therefore be regulated by law,” Dalu told Hukumonline.

According to Dalu, the establishment of a land adjudication system would provide legal certainty while also protecting officials within the Ministry from practices of criminalization. Through this regulation, he hopes that clear legal boundaries can be established to distinguish administrative procedural errors from criminal offenses.

Dalu stated that his Ministry has prepared an academic study regarding the urgency of establishing a land adjudication system. He added that the study will be discussed with Parliament during the deliberation process of the Draft Bill on Land Affairs in the near future.