Underground Management In Agrarian Law Reform In Indonesia

Authors

  • Yayan Dimas Ageng Master of Notary Program, Universitas Islam Malang, Indonesia
  • Misranto Islamic University of Malang, Indonesia
  • Sunardi Islamic University of Malang, Indonesia

DOI:

https://doi.org/10.33751/palar.v12i2.121

Abstract

This study aims to analyze the regulation of management and basement use permits in agrarian law reform in Indonesia, examine their conformity with the principles of national agrarian law, and identify the legal consequences arising from their use. The main problem lies in the lack of a comprehensive and integrated regulation regarding the basement as a legal object, thus causing legal uncertainty and potential disputes. The type of research used is normative legal research with an analytical descriptive approach, using secondary data through literature studies and qualitatively analyzed. The results of the study show that the regulation of basements is still oriented to the concept of two-dimensional in agrarian law, so it has not been able to accommodate the development of the use of three-dimensional space. In addition, there is no harmonization with the principles of social function, justice, and legal certainty, as well as the weak fragmented licensing system, causing various legal consequences both civilly, administratively, and environmentally. Therefore, agrarian law reform is needed that recognizes the basement as a separate legal object and builds an integrated licensing system to ensure legal certainty and sustainable development.

 

Keywords: Basement, Agrarian Law, Legal Certainty, Integrated Licensing, Legal Reform.

References

A. Journals

Ali, Muhammad, and others. “Legal Protection in the Utilization of Aboveground and Underground Space Based on the Spatial Planning Act.” Accessed May 25, 2026. https://ojs.unud.ac.id/index.php/kerthasemaya/article/view/125727.

Alrip, Ismail, and Kadarudin. “Problems in the Utilization of Underground Space from a Juridical Perspective.” 5, no. 2 (2021).

Arbianzah, Mahendra Tio. “Legal Study on the Regulation of Underground Space Utilization.” 4, no. 2 (2024).

Atlanta, Nur Nafa Maulida, Bayu Dwi Anggono, and Fendi Setyawan. “Management of Underground Space in Indonesian Agrarian Law Reform.” 4, no. 12 (2022).

Harris, Y. P. “Juridical Review of the Utilization of Underground Space.” 4, no. 1 (2013): 17–34.

Lubis, Ikhsan, Duma Indah Sari Lubis, and Andi Hakim Lubis. “Dynamics of Agrarian Law and Urbanization: Management of Underground Space Rights in Major Cities of Indonesia.” No. 2 (2024): 167–187.

Rosidi, Ahmad, M. Zainuddin, and Ismi Arifiana. “Methods in Normative and Sociological Legal Research (Field Research).” 2, no. 1 (2024): 46–58.

Sukmawan, Yulia Audina, and Dwi Damayanti. “Normative and Empirical Legal Research Methods as a Strategy to Strengthen the Perspective of Legal Science Studies.” 4, no. 1 (2025): 114–128.

Sulistiowati. “Extension of Parent Company’s Liability against Third Parties of Subsidiary Company.” No. 1 (2011).

Suwardi, and Widyawati Boediningsih. “Juridical Aspects of the Utilization of Aboveground and Underground Space Reviewed from Indonesian Legislation.” 4, no. 3 (2024): 2156–2168.

Wiraguna, Sidi Ahyar. “Normative and Empirical Methods in Legal Research: An Exploratory Study in Indonesia.” 3, no. 3 (2024). https://doi.org/10.59818/jps.v3i3.1390.

B. Legislation

Republic of Indonesia. Government Regulation of the Republic of Indonesia Number 24 of 1997 concerning Land Registration. 1997.

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Published

25-05-2026

How to Cite

Yayan Dimas Ageng, Misranto, & Sunardi. (2026). Underground Management In Agrarian Law Reform In Indonesia. PALAR (Pakuan Law Review), 12(2), 185–192. https://doi.org/10.33751/palar.v12i2.121

Issue

Vol. 12 No. 2 (2026): Volume 12, Number 2 April-June 2026

Section

Articles

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