Land Bank and Food Sovereignty in Indonesia

Musleh Harry,

Ahmad Wahidi

and Musataklima

Fakultas Syariah

Universitas Islam Negeri Maulana Malik Ibrahim, Malang, Indonesia

Keyword: Food, Land Bank, Indonesia.

Abstract This research focuses on two important issues for the continuity of Indonesia's existence as an agrarian

country, namely related to the constitutional basis for the urgency of the policy of establishing a Land Bank

in Indonesia and its relevance to legal protection of sustainable food agricultural land. The research method

used normative law with a legislative approach that relies on secondary legal material obtained through

literature study and analysed using qualitative descriptive methods. The research result are first, the

constitutional basis for the urgency of the policy of the establishment of the Land Bank based on and realize

the constitutional mandate of Article 33 Paragraph 3 of the 1945 Constitution which states that the earth,

water and natural resources contain in it are controlled by the State and used for great prosperity of the

people. This means that the common interests of the Indonesian people are greater than those of individual

interests. Second, the relevance of the policy of land bank formation which will begin in 2017 with the

protection of sustainable food agriculture are, first, it can be seen from the existence of this land bank that

support the implementation of spatial planning in Indonesia, and the protection of sustainable food

agricultural land is a mandate contained in the spatial law Article 48 of Law Number 26 of 2007 concerning

spatial planning (State Gazette of the Republic of Indonesia of 2007 Number 68, Supplement to the State

Gazette of the Republic of Indonesia Number 4725); second, the function of the land bank as an institution

in providing land for the public interest and the existence of sustainable food agricultural land is one variant

of public interest whose existence is to create sovereignty, resilience and food independence in Indonesia

1 INTRODUCTION

Indonesia is an agricultural country who is rich

in agriculture, forestry and plantation, livestock and

fisheries. This natural condition provides an

opportunity for most Indonesian people in doing

agriculture business and related to it. Agricultural

activities are one of the most basic activities for

humans, because everyone needs to eat every day.

Agribusiness attempt development becomes a very

strategic and important choice in line with the

government's efforts to develop new sources of

economic growth outside oil and gas.

But today, Indonesia is threatened with the loss

of agricultural land as one of the conditions of an

agrarian country, the faster population growth

without being offset by the availability of existing

land has caused various problems because of the

high demand for land to be made a place of

residence that is not offset by the availability of

land, the land will never increase while land demand

is always increasing. The implication is the shift in

the function of agricultural rice fields and then

turned into a residential area which causes the

narrowing of the cultivated land area and often

results in a decrease in the level of farmers' welfare.

Therefore, controlling the conversion of food

agricultural land through the protection of food

agricultural land is necessary.

Act No. 41 of 2009 concerning Protection of

Sustainable Food Agriculture Land, is a legal basis

for protecting food agricultural land on the condition

that the agricultural land must be determined in

advance as an area of sustainable food agriculture.

Article 8 of Law No. 41 of 2009 which states that

"in the case where there are food farms in the city,

the land can be designated as Sustainable Food

Farming Land to be protected". Article 25 paragraph

(1) states that the Establishment of Sustainable Food

Agricultural Land in urban areas as referred to in

Article 8 is stipulated by Regional Regulation. (2)

Determination of Sustainable Food Farming Land in

the city area as referred to in paragraph (1) becomes

the basis for zoning regulations to control the

utilization of urban space (Law No. 31 of 2009

1196

Harry, M., Wahidi, A. and Musataklima, .

Land Bank and Food Sovereignty in Indonesia.

DOI: 10.5220/0009924811961203

In Proceedings of the 1st International Conference on Recent Innovations (ICRI 2018), pages 1196-1203

ISBN: 978-989-758-458-9

concerning the Protection of Sustainable Food

Agriculture Land, 2009). The stipulation of

sustainable food agricultural land will certainly

come into contact with the lands owned by farmers,

and the designated agricultural land will become

eternal land in the duration of 20 years the land

cannot be converted as stated in government

regulations No. 1 of 2011 Article 35 states that land

that has been designated as a sustainable food

agricultural land is protected and prohibited from

being converted.

In addition to the protection policy for

sustainable food agriculture, the government also

plans to issue a land bank policy as a land reserve

for development in the public interest to ensure the

certainty of the availability of land that will be

projected for development goal (Ministry of

National Development Planning, 2014).

The writer

has a hypothesis that the policy of the land bank that

operates in 2017 has the relevance to the protection

of sustainable food agricultural land, to test this

hypothesis; the research with the title that has been

presented is conducted.

2 METHOD

The research method used normative law with a

legislative approach that relies on secondary legal

material obtained through literature study and

analysed using qualitative descriptive methods.

3 FINDING AND DISCUSSION

3.1 General Bank Concept

Land bank originated of 2 (two) terms: land

banking and land banks. Land banking in a general

could be translated in Indonesian language as

"banking land ", which is used to explain activities

with a land bank. While the term of land banks is

used to describe the existence institution or work

that deliver institutions that act in the field

procurement of the land. Based on some the sense

described above, could concluded that land bank is

something Policy that land where country through

institution government or institution appointed

independent by Government , authorized to (1) do

acquisition to soil displaced or problematic , land

that hasn't been developed and land that is

considered have potency for development ; (2)

manage and arrange it while time ; then (3)

distribute it back for interests general corresponding

with government programs, both short asnd long

term period.

According to Bernhard Limbong, based on

conception and practice of land bank in a number of

countries, the implementation of land bank could

divided to within three (3) types:

1. Public of Land Bank (General Land Banking)

addressed for interests development in the

future of general nature, scale broad , and non-

profit, to control disaster nature, defense

country, and development city, reconstruction

and relocation residents, expansion of

agricultural areas, transmigration, and

implementation of reformation agrarian;

2. Land Bank of Special Public (Special Land

Banking) with scale more small and oriented

on public service at once profit oriented, as

infrastructure transportation land, sea, air,

plantation , region industry , and housing

cheap subsidized. Because is nature public,

then institutional status second land bank that

is can shaped land bank department or

institution country, land bank government

region/ government city , and BUMN/ BUMD

land bank ;

3. Private land banks that are profit oriented,

especially land bank for support activities

investment continues improving, like land

bank for developer, region industry, center

trade, and plantation.

Third alternative type of land bank as should

adjusted with objectives to be achieved by the

government. The land bank as alternative

procurement soil could have some function, namely:

1. As Grouper Land (Land Keeper)

As collector land, institutions of land bank do

inventory to lands that were made object

management of land bank. Besides activities

collection land, land bank to collect and provide land

records are complete, accurate, integrated and

actual;

2. As Land Safety (Land Warantee )

The land bank in carrying out its activities refers to a

spatial plan to secure the provision, designation and

utilization of land that has been determined based on

a land use plan which is an integrated part of the

existing spatial plan;

3. As Controller Land Control (Land Purchaser)

Through activities which refers to the land bank on

plan system space already set, then implementation

begins from planning, utilization and control.

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1197

Through plan system space, land bank could do

control to mastery soil so that mastery soil not

centered on group society certain;

4. As Business Land (Land Manager)

Land banks as conceptual land management

activities must contain policies and strategies for

optimizing the use and use of land, in order the

existence of a land bank must be able to direct the

development of land use;

5. As Assessor Land (Land Appraisal)

Through land bank expected price and value soil

could set and controlled corresponding with

regulations applicable legislation;

6. As Land Distributor (Land Distributor)

Activities land bank covers activities liberation land,

ripening land, then distribution soil corresponding

with allotment and its use.

The concept of a land bank already known and

applied in several country Europe and America

Union since 20th century. Land bank applied in

each country different between one with that

others. This happen because existence difference

reasons behind emergence of land banks in each of

them country that is. The Netherlands have the

concept of a prominent land bank with regulation

complete. As something idea new one yet arranged

in a manner Specific in scale national, then

implementation of land banks in the country

Netherlands that is need studied for look How

country that is set and apply the concept of a land

bank, so could give away a clear picture for find

concept of a land bank that can applied in Indonesia.

Implementation the concept of a land bank in the

Netherlands could reviewed of 4 (four) indicators,

namely: (1) regulations, (2) types, (3) parties that

organize, and (4) mechanisms organization.

1. Land Bank Regulation

Regulation of land bank covers (a) Law

Consolidated Land (Land Consolidation Act),

1954, (b) Law of Rural Development ( The rural

area development Act), 1985, and (c) Law

Arrangement Rural Space (Act on Spatial

Structuring of the Rural Areas) , 2005.

2. Type of Land Bank

In the Netherlands there are 2 (two) land banks

which are vertical are under auspices of two (2)

different ministries. Both land banks that is is a land

bank public, so source financing pure originated

from the budget government without there is mix

hand from party private sector. The first land bank

called State Domain Services was established on in

1841 below shade Minister Finance. Management of

a land bank this decentralized with office scattered

throughout the region, land bank manage agriculture

covering an area of 80,000 ha with task the main as

the following : (a) development Policy land

government , (b) management owned land by

government , (c) sales soil the government .

Then on mid-20th century too established agency

management soil government second named

Wieringermeer or later called Service of Issellake

Polders (RIJP). Agency this established in the

environment Ministry Transportation and Water

with aim manage “new " lands, that is lands dry out.

One of them Lake the widest in the world named

Flevopolder managed by agency this and still in

stage development. Both banks owned land by

Government Netherlands is a land bank manifold

public that is automatic authority mastery the land

absolute owned by country no other party.

3. Parties in the Land Bank

In the Netherlands There are two (2) that both the

land bank is a land bank the public. So that could

confirmed not there is element private in system

managing land banks in the Netherlands and all

source financing for holding a land bank only

originated from the budget the government .

4. Mechanism Implementation of a Land Bank

Mechanism holding land banks in the Netherlands

composed from 3 (three) stages, namely stage

collection land, stage management soil and stage

distribution the land. Land Company Dienst Program

Landelijk Gebied as guidelines implementation land

bank in the Netherlands, distinguishes method

collection and management to distribution soil to in

some categories, among others:

a. Stages collection soil by Exchange Land

Bank, where soil agriculture bought for saved

while time, arrive happen exchange. This

intended for develop structure agriculture to

the countryside.

b. Stage management soil by Financial

Instrument, where land bank rent soil for

while or permanent to the farmer or other

organizations for maintain system space.

Category this already not many used in the

sector agriculture. Category this already not

many used in the sector agriculture.

Stage distribution soil or Land Bank as

Developer, where form activities change function

from something region as source income. Function

soil used for needs housing (real estate),

development city, source power nature, recreation

and so on. Usually category this used in environment

urban area big and do by sector private as form

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investment, with change region agriculture to be

region industry. With purchase a number of land,

expected change function and plan system room

create enhancement value soil and potency benefits.

3.2 The Concept of Social Justice in the

Implementation of a Land Bank

Gustav Radbruch argues that the purpose of the

law must be understood as the basis and binding for

the formation of legislation. There are 3 (three) basic

values of law which are known as legal ideals, in

which the law must fulfill these basic values,

namely: justice, usability, and legal certainty. As a

basic value that must be fulfilled, then the

instrument for setting up future land banks must be

able to accommodate the fulfillment of these three

basic values.

Good law must provide justice, because the

spirit of the law is justice, as mentioned in the

Qur'anic fragments, namely QS a n-Nisa ' verse: 58,

which can be interpreted as "And if you set a law

among men so that you determine fairly". This verse

explains the mandate borne by the legislator to

guarantee justice for anyone. To fulfill this mandate,

lawmakers should have knowledge in making

legislation, so that the substance of article by article

can provide protection for the community in

fulfilling justice.

A good legislation must be able to create justice

for various parties, create a position that is

proportional. The core party that is very instrumental

in the implementation of public of land bank is the

government and the community. As practiced in

several other countries, in carrying out public land

banks there have been legal actions in the form of

asset transfers in the form of land rights which can

be in the form of buying and selling, exchanges, or

grants between the government and the community.

A fair legal relationship can be created through

processes, procedures that are correct, transparent,

and guarantee accountability. Although everyone

wants justice to be realized, not all of them

understand and understand the meaning of justice.

In analyzing social inequality and inequality of

land acquisition instruments currently used in

providing land for infrastructure development of

various public interests, the writer uses the theory of

social justice in Islam. Furthermore, the theory is

used to see the welfare that arises and is expected by

the people from the application of the concept of

land bank in Indonesia, this is an effort to avoid an

adverse position and the lame in providing land for

public interest infrastructure development. The

theory of social justice according to Islam was

coined by Sayyid Qutb in his book Al-'Adalah al-

Ijtima'iyyah fi 'al-Islam (which was later translated

into a book entitled Social Justice in Islam).

Sayyid Qutb believes that social justice in life

cannot be enforced if every member of his

community wants to enjoy absolute freedom without

limits and without a certain direction. Qutb said, this

kind of situation is a guarantee for the destruction of

society which would also destroy the members of

the community themselves. In the sense that

freedom must be given in life as long as there is no

absolute freedom without limits. Islam will give

justice to all aspects of life. It will not provide

provisions that are skewed and not influenced by

anything except the determination of truth, the right

is right and the wrong is wrong. Where everyone

enjoys absolute freedom of soul, free from all forms

of pressure and obtains full equality that is not

accompanied by any ties and conditions.

Sayyid Quthb revealed about social justice in

Islam: "Here every individual enjoys the same

justice, there is no discrimination between those who

arise because of nasab and wealth, because of the

money and rank / position as those of the people

outside of Islam, even between Muslims and those

non-Muslims have hostility and hatred. Indeed this

is a value of justice that has never been achieved by

any international law and also by any local law until

this moment “The meaning is that nothing can affect

the upholding of justice, anything that tries to

obstruct justice, both property and religion and

position is not true.

In relation to the practice of land banks, this

social justice lies in equal opportunities in land

ownership for all people, especially for farmers who

do not own their own land and low income

communities, to be able to own land through land

redistribution which is the flagship program of land

banks. Redistribution of land in land banks is

intended to provide the widest opportunity for the

poor who have no chance of owning land due to the

increasing price of land in Indonesia. Land

redistribution is part of an agrarian reform program

that aims to prosper farmers in Indonesia. Article 4

letter (g) Decree of the MPR RI Number IX / MPR /

2001 explains that agrarian / natural resources that

cover the earth, water, space and natural resources in

it are national assets that must be managed and

utilized optimally for the present generation and

future generations in order to realize a just and

prosperous society.

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1199

In addition to equality of opportunity in land

ownership, in the practice of land banks will also

create an equal position in terms of equal rights

between the government and the community. For

example, in the process of acquiring land ownership

through buying and selling, the government as the

buyer and the community as the owner of land rights

are given the same rights to realize their respective

desires regarding the amount of land value / price to

be acquired by the land bank price. Land buying and

selling should not occur without agreement from

both parties. The government as the ruling authority

must not be arbitrary in determining the value / price

of the land at will at the expense of the expectations

of the community, or it can be said that the

government must not dance above the grief of the

people.

3.3 Protection Correlation of Juridical

Agricultural Land through Food

Sovereignty

According to Law No. 41 of 2009, land is part of

land from the surface of the earth as a physical

environment covering the soil along with all

influencing factors uses such as climate, relief,

geological aspects, and hydrology that is formed

naturally or due to human influence, the land is

diverse, one of which is agricultural land, what is

meant by agricultural land according to the law

above is the land area used for agriculture. Then

what is called sustainable agricultural land is a field

agricultural land that is set to be protected and

developed consistently to produce staple food for

independence, resilience, and national food

sovereignty.

Food agriculture protection is needed for

protection in order to make food agriculture

guarantee food independence, food security, food

sovereignty and at the same time maintain the

existence of Indonesia as an agricultural country.

Logically without the availability of food

agriculture, it is impossible for independence,

resilience and food sovereignty to be achieved,

because food agriculture is the main requirement for

food agriculture and agricultural business as well as

the main requirement for food independence, food

security and food sovereignty.

Sustainable Food Agriculture Land (abbreviated

as SFAL) is a field of agricultural land that is

determined to be protected and developed

consistently to produce staple food for

independence, resilience and national food

sovereignty. One of the mechanisms for controlling

sustainable food agriculture carried out by the

government is through providing incentives and

disincentives to farmers. Land Protection Incentives

are awards to farmers who maintain and do not

convert LFAL. The disincentive is revocation of

incentives, which is carried out if the recipient

farmers do not carry out their LFAL protection.

There are seven types of food a sustainable

agricultural land incentives offered by the

government in accordance with the Government

Regulation No. 12 of 2012 concerning Incentives for

Sustainable Food Agriculture, namely (1)

development of agricultural infrastructure; (2)

financing of research and development of superior

seeds and varieties; (3) ease in access information

and technology; (4) provision of agricultural

production facilities and infrastructure; (5)

assistance in issuing certificates of land rights; (6)

appreciation for high achieving farmers; and (7)

earth and building tax relief assistance. There are

three types of disincentives imposed by the

government, namely, revoking incentives that have

been given, replacing paddy fields, and changing the

value of infrastructure investment.

3.4 Constitutional Platform of Urgency

for the Establishment of a Land

Bank (Land Banking) as a Means

of Providing Land for Public

Interest

The term of Land Bank is commonly heard at

present, although it is suspected that it is not well

understood. A good understanding of the term of

Land Bank becomes a necessity considering that one

of the government's priority programs listed in the

NMTDP 2015-2019 is the Land Bank (Ministry of

National Development Planning, 2014).

Theoretically the Land Bank is understood by an

institution that provides land for development

purposes, as well as acting as the controller of land

prices. Land Bank is a Business Entity that is not

solely seeking profit but is more of a land manager

in terms of controlling land prices and supporting

the implementation of the Spatial Plan. Thus, the

Land Bank supports the government's task in

managing, providing and controlling land prices.

Limbong emphasizes that the Land Bank is a land

management facility in the context of land use to be

more productive (2013).

Furthermore, it is recognized that the Land Bank

has at least several main activities, namely (i) buying

land, (ii) finalizing land both physically and

administratively; (iii) selling land lots ready to build

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to those in need; (iv) administering the sale and

purchase of land in accordance with the provisions.

Van Dijk explains that land bank activities can take

the form of systematic land acquisition which is

usually on a large scale, and that land will be used in

the future to implement land policies (2006).

The functions of the Land Bank include (i) land

keeper in the form of inventory and development of

land databases, administration and land information

systems; (ii) land warrantee in the form of securing

supply, designation, land use in accordance with the

spatial plan and ensuring the efficiency of the land

market; (iii) land control (land purchaser) in the

form of control of land ownership and use in

accordance with applicable regulations; (iv) land

valuers in the form of supporting standard, fair and

mandatory land values for various purposes; (v) land

distributors (land distributors) in the form of

ensuring fair and equitable distribution of land based

on the unity of land values, securing land planning,

supply and distribution; (vi) land manager in the

form of land management, analysis, determination of

strategy and implementation management related to

land.

Thurston stresses that the objectives of the Land

Bank include (i) managing urban growth; (ii)

ensuring the availability of land for certain purposes;

(iii) taking capital gains due to an increase in land

value. Flechner (1974) added, if related to the

government, the Land Bank's objectives could

include (i) forming regional growth; (ii) arranging

the development of the city; (iii) obtaining from

increasing the value of land investment; (iv)

perfecting the land market so as to reduce land

speculation; (v) obtaining land for public use; (vi)

reducing the cost of public services as a result of a

planned development; (vii) allowing to provide

housing subsidies for low-income communities;

(viii) maintaining environmental quality (Limbong,

2013).

In general, the Land Bank is useful for (i)

controlling the land market that guarantees the

efficiency and rationality of land prices; (ii)

streamlining and guarantee fair and fair land values;

(iii) having able to integrate policies, strategies,

implementations and evaluations related to land.

While Limbong added other benefits such as (i)

helping to achieve various goals (not only one type

of activity but can vary from housing, infrastructure,

and others); (ii) can be an integral part of

metropolitan development. In particular, the benefits

of the Land Bank for Indonesia include (i)

availability of land guaranteed especially in urban

areas; (ii) land prices are affordable and relatively

stable; (iii) support food security and housing

programs for low-income communities; (iv)

guarantee the implementation of agrarian reform and

village modernization (Limbong, 2013).

In addition, Limbong based on his observations

of land conditions in Indonesia confirms that the

Land Bank is able to answer some of the crucial

issues facing the government today, namely the

government has land reserves. The Land Bank is the

government's engine in providing land reserves for

development purposes such as public facilities,

infrastructure, development of strategic cities and

regions, resettlement of disaster victims, liberation

and eviction of slums, and food security through

reducing the rate of agricultural land conversion

(Limbong, 2013).

The benefits, the purpose and function of the

presence of the land bank that has been described by

the experts above are the basis for arguments for the

urgency of establishing a land bank itself which

cannot be bargained again to launch development for

the public interest. Because with this land bank the

government has a land stock, able to do the state

budget efficiency and avoid land acquisition

conflicts that always cut development in the public

interest.

Constitutionally, the establishment of a land

bank in Indonesia is a constitutional mandate Article

33 Paragraph 3 of the 1945 Constitution which states

that the earth, water and natural resources contained

in it are controlled by the State and used as much as

possible for the prosperity of the people. That is,

common interests are more important than

individual interests. This shared interest is a

development that is oriented towards public benefit.

Constitution as the highest law in the legal

hierarchy in Indonesia ((Law No. 12 of 2011

concerning Establishment of Legislation

Regulations, 2011), the mandate in relation to the

earth, water and natural wealth in this country is

translated into Law Number 5 of 1960 concerning

Agrarian Principles, article 2 paragraph (1) the

authority of the State concerning land includes (a)

regulating inventory, use, designation and

maintenance of the earth, water and space; (b)

determine and regulate the legal relations between

people regarding the earth, water and space; (c)

determine and regulate the legal relationship

between people and legal acts regarding the earth,

water and space.

In relation to land tenure and ownership aspects,

state activities include (a) protection and giving

equal opportunities for every Indonesian citizen to

own land as a source of life properly; (b) prevention

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of excessive land control; (c) realization of the

implementation of equitable improvement in the

standard of living of the poor economy class; (d)

realization of the distribution of ownership and land

use. Land banks with good land stock obtained

through buying and selling schemes with the

community as well as land security schemes

abandoned by their owners can be used as a source

to provide access to the people who are the objects

of agrarian reform to own them, in case the

constitutional mandate mentioned above is correct

felt by the community.

3.5 Relevance of Establishment of

Land Banks (Land Banking) with

Sustainable Food Farming

Protection

Sustainable Food Farming Protection is a system and

process for planning and establishing, developing,

utilizing and fostering, controlling, and monitoring

food crops and their areas sustainably. Agricultural

land is part of the earth as the gift of God Almighty

who is controlled by the state and used for the

greatest prosperity and prosperity of the people as

mandated in the 1945 Constitution of the Republic

of Indonesia. Indonesia as an agrarian country needs

to guarantee the sustainable supply of food

agricultural land as a source of decent work and

livelihood for humanity by prioritizing the principles

of togetherness, efficiency, fairness, sustainability,

environmental insight, and independence, and by

maintaining the balance, progress and unity of the

national economy.

The state guarantees the right to food as a basic

right of every citizen in case the State has an

obligation to guarantee the independence, resilience

and food sovereignty, the increasing population and

economic and industrial development resulting in

degradation, the conversion and fragmentation of

food agricultural land threaten the regional carrying

capacity nationally in maintaining independence,

resilience, and food sovereignty, and in accordance

with agrarian discussions relating to the

restructuring of control, ownership, use and use of

agrarian resources, it is necessary to protect food

crops sustainably.

The Law of the Republic of Indonesia Number

41 of 2009 is the legal basis for the Protection of

Sustainable Food Agriculture Land in this country.

The remaining productive land in the land of

Indonesia does not automatically become protected

by the presence of this law, but it must be

determined first as a sustainable food agriculture

land with the procedures and mysticism that has

been stipulated in the implementing regulations.

Article 8 of Law No. 41 of 2009 which states

that "in the case where there are food farms in the

city, the land can be designated as Sustainable Food

Farming Land to be protected". Then in Article 25

paragraph (1) states that the Establishment of

Sustainable Food Agricultural Land in urban areas

as referred to in Article 8 is stipulated by Regional

Regulation. (2) Determination of Sustainable Food

Farming Land in the city area as referred to in

paragraph (1) becomes the basis for zoning

regulations to control the utilization of urban space.

Land that has been designated as sustainable

food agricultural land will become a permanent land

that cannot be converted, if the agricultural land is a

state asset, then it will not be a problem, which can

cause problems if the land is owned by the people

who are not able to cultivate it as agricultural land

because farmers in this country have experienced a

crisis of regeneration, in case it can be transferred to

third parties (developers) and by third parties

converted as non-agricultural land.

Based on the results of previous research,

information was obtained that farmers are often

tempted by developers to release their land at very

high prices, this is a threat to the sustainability of

sustainable food agriculture which is also a threat to

the agenda of sovereignty, independence and food

security in Indonesia which can also threaten the

existence of Indonesia as an agricultural country that

relies on the availability of agricultural land.

The country will experience difficulties in

realizing its ideals and goals, the process of selling

sustainable food agricultural land by its owner to the

parties when those originating from property rights

are the strongest right, fulfilled (Santoso, 2005) a is

legal according to the law of sale and purchase.

Against the above issues, the expected land bank

policy in each region is found, finding the

momentum of its relevance to the protection of

sustainable food agricultural lands, namely by

making purchases of sustainable food agricultural

lands that will be released. The purchase of

agricultural land carried out by land banks is one of

the main activities of land banks in addition,

finalizing the land both physically and

administratively; sell land lots ready to build to

those in need; administer the sale and purchase of

land in accordance with the provisions. Van Dijk

explaines that land bank activities can take the form

of systematic land acquisition which is usually on a

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large scale, and that land will be used in the future to

implement land policies (2006).

The process of purchasing land carried out by a

land bank other than its main activity, is also a

means for the availability of land collected except by

utilizing the central / regional government land;

utilizing state-owned enterprises land which can be

in the form of a partnership pattern; Utilizing non-

extended abandoned and HGU land and

unproductive HGU. This scheme to buy sustainable

food cropland will be successful if it is supported by

large funds that are balanced with developer capital,

because in the field of land banks as a private

representation vis a vis with large capital developers.

The land bank in carrying out its activities can

collaborate with the local agriculture service and it

can involve all of its extension elements to socialize

the activities of the land bank to the farmer groups

under its guidance in case if one of the farmers

wants to release ownership of sustainable food

agricultural land better released to the land bank.

Sustainable food agricultural land purchased by

land banks which are government institutions, the

land becomes safe from the threat of land conversion

and land supply for food agriculture is safe too so

that food sovereignty ideals become the light of

attack. But the problem that then arises is, who will

next manage the food farming land. According to the

writer, the land is used as a cultivated land by local

people with a fair profit sharing scheme that is

oriented towards the prosperity of the cultivators so

as not to repeat events in the past.

Incentives provided by the state mandated in the

Government Regulation of the Republic of

Indonesia Number 12 of 2012, and protection

financing mandated in the Government Regulation

of the Republic of Indonesia Number 30 of 2012, in

the opinion of the author also needs to be given to

tenants not only to owners of sustainable food

agricultural land to sustain farmer production

business, because it's useless even though there are

agricultural land controlled by the land bank if no

one is working on it. Based on this, according to the

author, the pioneer of the success of food

sovereignty in this country is the availability of land

and farmers.

4 CONCLUSION

Based on the discussion above, it can be

concluded that first, the urgency of establishing a

land bank cannot be separated from the function and

benefits of the land bank itself and the constitutional

basis for its formation is Article 33 Paragraph 3 of

the 1945 Constitution which states that the earth,

water and natural wealth contained in it is controlled

by the State and used as much as possible for the

prosperity of the people. Second, the relevance of

establishing a Land Bank with the protection of

sustainable food agricultural land can be seen in the

aspect of spatial planning in which the land bank

will later support the implementation of Spatial

Plans in Indonesia, and the protection of sustainable

food agricultural lands is a mandate contained in

spatial law Article 48 Law Number 26 of 2007

concerning Arrangement; third, see from the

function of the land bank as a land provider

institution for the public interest and the main

activity of buying land to the community can later be

done to people who want to release sustainable food

agricultural land in case it becomes safe and the

aspiration of the food sovereignty can be reached.

REFERENCES

Ministry of National Development Planning, 2014.

National Medium Term Development Plan 2015-2019

(RPJMN 2015-2019). Ministry of National

Development Planning, Jakarta.

Limbong, B., 2013. Land bank. Margaretha Pustaka,

Jakarta.

Santoso, U., 2005. Agrarian law & land rights. Kencana,

Jakarta.

Law No. 12 of 2011 concerning Establishment of

Legislation Regulations, 2011.

Law No. 31 of 2009 concerning the Protection of

Sustainable Food Agriculture Land, 2009.

van Dijk, T., Kopeva, D., 2006. Land banking and Central

Europe: future relevance, current initiatives, Western

European past experience. Land Use Policy 23, 286–

301.

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