The Dimension Of Good Faith In The Legal Enforcement Of Abandoned Land Controlling

Abstract

The Government has introduced new regulations for holders of land rights who fail to effectively cultivate or utilize their land through Government Regulation Number 20 of 2021 on the Control of Areas and Abandoned Land. This regulation emphasizes the imposition of administrative sanctions in the form of the reversion of land to state control where the holder of land rights fails to fulfill the obligation to use and utilize the land in accordance with its designated purpose.In agrarian legal doctrine, the principle of good faith is fundamentally recognized in the registration and possession of land rights. Further regulation is needed to assess the intentionality behind the non-utilization of land by the right holder.This study aims to examine the conception of intentional land abandonment based on the principle of good faith and its relation to the regulation of objects of abandoned land covered in Article 7 paragraph (3) of Government Regulation 20/2021. The study employs a normative juridical research method with a statutory approach, conceptual approach and case approach. The validity of regulating the object of abandoned land is based on the reason of deliberate failure to actively control the land and the proper fulfillment of administrative procedures in issuing objects of land suspected to be abandoned.