The Validity Of Land Rights Restriction Through The Protected Paddy Field Map Outside The Spatial Plan An Analysis Of The Norm Conflict In Article 17 Paragraph (1) Of Presidential Regulation Number 4 Of 2026

Abstract

Article 17 paragraph (1) of Presidential Regulation Number 4 of 2026 prohibits the conversion of paddy fields included in the Protected Paddy Field map even when they have not been designated in the spatial plan. This normative juridical research examines the validity of that norm. The result shows that the norm imposes a restriction on land rights through a Presidential Regulation outside the spatial planning mechanism mandated by Law Number 26 of 2007 and Law Number 41 of 2009, without participation and without compensation, thus contradicting the principle of legality of rights restriction and the hierarchy of legislation. Therefore, adjusting the norm is necessary to ensure that land right restrictions have a clear legal basis and align with higher-ranking laws and regulations.