Many issues concerning state land remain unresolved, including the definition and scope of state land, the authorities responsible for its management, and the principles governing state control over such land. Julius Sembiring examined these issues in his dissertation entitled “Konstruksi Hukum Penguasaan Tanah Negara dalam Sistem Hukum Tanah Nasional” (Legal Construction of State Land Control within the National Land Law System).
Sembiring defended his dissertation on Thursday (29/9) at Room III.1.1, Faculty of Law, Universitas Gadjah Mada (FH UGM). His research focused on three authorities with significant roles in the control and management of land: land, forestry, and mining authorities. These three sectors were selected because plantations, forestry, and mining account for a significant portion of land use and control in Indonesia. At the same time, these sectors are particularly vulnerable to agrarian conflicts.
The open doctoral examination was chaired by Prof. Dr. Marsudi Triadmojo, S.H., LL.M. Prof. Dr. Maria S.W. Sumardjono, S.H., MCL., MPA. served as the promoter, while Prof. Dr. Endriatmo Soetarto, M.A. from Bogor Agricultural University (IPB) served as co-promoter. Dr. Oloan Sitorus, S.H., M.Si. from the National Land College (STPN) Yogyakarta also attended as a guest examiner.
Sembiring argued that because the forestry and mining sectors are governed by their own laws, the Basic Agrarian Law (UUPA) should be viewed as a lex generalis. According to him, the UUPA should not be understood merely as legislation concerning land. “Legislation governing land, forestry, and mining should be elaborated in a manner that maintains horizontal consistency,” he explained.
“The proposed concept is that land administration should ideally be placed under the authority of the land administration institution. Meanwhile, its management may be delegated to the respective authorities according to their areas of responsibility,” explained Sembiring, who is also a lecturer at STPN Yogyakarta. In his dissertation recommendations, Sembiring proposed the establishment of a Government Regulation specifically governing state land. Such regulation, he suggested, should provide greater clarity regarding the definition, scope, control, and registration of state land.
At the end of the examination, the chair of the examination committee announced that Julius Sembiring, S.H., MPA had successfully completed his doctoral examination with a Very Satisfactory distinction. “BPN is currently preparing a policy paper concerning state land. These findings could contribute to the preparation of the academic paper,” said Prof. Maria, Sembiring’s promoter, while conveying her message at the conclusion of the examination. (Hanifah F)
