Juridical Analysis Of The Existence Of Land Bank On The Law About Work Creation

Abstract

In 2020, Law Number 11 of 2020 concerning Job Creation was introduced. From this
Job Creation Act, a new agency was born, namely the Land Bank Agency, which is a
special institution that manages land. Whereas previously there was a National Land
Agency in charge of land affairs. With the existence of two institutions that regulate the
same thing, it is feared that there will be overlapping powers. After the issuance of the
Job Creation Act, in April 2021 the government issued a derivative rule Number 64 of
2021 concerning the Land Bank Agency. However, in November 2021 it turned out that
the Constitutional Court issued Decision Number 91/PUU-XVIII/2020. However,
despite the issuance of Decision Number 91/PUU-XVIII/2020, the president still issues
presidential decrees, namely presidential regulation number 113 of 2021 concerning
The Structure and Administration of The Land Bank. This is contrary to the previous
decision of the constitutional court. The purpose of this study is to determine the
indications of equal authority between the Land Bank Agency and the National Land
Agency and how the existence of the Land Bank Agency after the Constitutional Court
Decision Number 91/PUU-XVIII/2020 This research uses normative research or
commonly referred to as library research. This research approach uses a law
approach, a conceptual approach and a philosophical approach.Indications of the
same authority between the Land Bank Agency and the National Land Agency are Land
Procurement and Land Utilization Control, for the Land Bank Agency itself to obtain
Management Rights so that the difference in the task area between the two institutions
is visible. However, with the issuance of Presidential Decree Number 113 of 2021, it is
a violation and the existence of the Land Bank Agency can be null and void by law.