Sylvia Anggraeni Setiawan, Iwan Permadi, Novitasari Dian Phra Harini
The policy of protected rice fields is regulated under Indonesian Basic Agrarian Law, particularly Article 14, which authorises the state to plan and control land use for national interests, including food security. However, in practice, the protected rice fields classification often encompasses land no longer functioning as agricultural land, creating legal complications for landowners. This discrepancy raises concerns about the protection of property rights and the principle of legal certainty as outlined in Articles 2, 9, and 10 of the same law. The study aimed to examine the legal implications and challenges posed by the protected rice fields policy when applied to non-agricultural land. A normative juridical method and a statutory approach were used, supported by legal theories including the Theory of legal certainty and the theory of legal protection. Primary legal materials and academic commentaries were analysed to understand the constitutional balance between state authority and individual rights. The findings revealed that the protected rice fields policy lacks adequate legal mechanisms for correcting land status and disproportionately limits landownersʼ economic rights. The study also demonstrates a disconnect between policy design and field realities. Therefore, legal reform is essential to realign the policy with principles of justice, proportionality, and legal certainty. The results of this study can serve as a theoretical foundation for future reform. © The Author(s).
Brawijaya Unviersity, 169 Jl. MT. Haryono, Malang, 65145, Indonesia
