On Monday, September 20, 2021, FH UGM's Djojodigoeno Center for Customary Law Studies, in partnership with Universitas Andalas's Faculty of Law through its Center for Agrarian and Customary Law Studies (PAgA), held a webinar titled "Quo Vadis Land Management After Law No. 11/2020 on Job Creation?" Held to mark the 61st anniversary of the Basic Agrarian Law (UUPA), the webinar ran via Zoom and was livestreamed on the FH UGM Kanal Pengetahuan channel. It opened with remarks from FH UGM Dean Prof. Sigit Riyanto, S.H., LL.M., and Universitas Andalas Faculty of Law Dean Prof. Dr. Busyra Azheri, S.H., M.H.
The webinar aimed to examine regulatory issues in land management following the enactment of Law No. 11/2020 on Job Creation (UU CK) and its implementing regulations — particularly Government Regulation No. 18/2021 on Management Rights, Land Rights, Condominium Units, and Land Registration (PP No. 18/2021). For a comprehensive discussion, the session began by addressing concerns that the UU CK's drafting process failed to properly meet formal and substantive legal requirements, making the application of Regulatory Impact Assessment (RIA) an important tool for improving regulatory quality and making it more responsive to public input.
Beyond that, the land provisions under UU CK and PP No. 18/2021 have also created legal uncertainty in practice. This stems from the fact that several concepts, principles, and foundations of National Land Law, as set out in the UUPA, were effectively altered, even though the UUPA itself was never formally amended or repealed when UU CK was enacted. The session, therefore, also covered the background behind PP No. 18/2021's drafting, to give a fuller picture of its urgency and objectives — along with internal, horizontal, and vertical regulatory conflicts within PP No. 18/2021, and possible solutions to minimize resulting land-related problems, aimed at encouraging a fairer, more legally certain approach to land management regulation going forward.
Featuring experts in their respective fields, the webinar drew strong public interest, with over 800 participants from various regions and backgrounds across Indonesia. Four speakers each presented on their area of expertise:
1. Prof. Dr. Benny Riyanto (Director General of Legislation, Ministry of Law and Human Rights) — represented by Unan Pribadi, S.H., M.H. (Director of Legislative Harmonization II, Directorate General of Legislation) — speaking on "The Application of Regulatory Impact Assessment (RIA) in Regulatory Drafting."
2. Ir. Suyus Windayana, M.App.Sc. (Director General of Land Rights Determination and Registration, Ministry of Agrarian Affairs and Spatial Planning/National Land Agency) — speaking on "The Background Behind Drafting PP No. 18/2021 on Management Rights, Land Rights, Condominium Units, and Land Registration."
3. Prof. Dr. Nurhasan Ismail (Professor, FH UGM) — speaking on "Internal, Horizontal, and Vertical Harmonization within PP No. 18/2021."
4. Prof. Dr. Maria S.W. Sumardjono (Professor, FH UGM) — speaking on "Quo Vadis Land Management Regulation After the Job Creation Law?"
Running roughly three hours from 9:00 AM to 1:00 PM, the webinar closed with a discussion moderated by Universitas Andalas Faculty of Law professor, Prof. Dr. Kurnia Warman, S.H., M.Hum. The session concluded that land management regulation following UU CK has not fully adhered to the principles set out in the UUPA, resulting in legal uncertainty during implementation. Going forward, the regulatory process needs to align with the Constitution and democratic principles. RIA should also be applied in shaping future land management regulations, since it embeds principles such as neutrality among competing interests, minimal legislation, transparent participation, and cost-benefit analysis — ensuring future land management regulation can guarantee fairness, legal certainty, and sustainability.