BHUMI: Jurnal Agraria dan Pertanahan Volume 10.
Number 2.
November 2024 ASurya Rimba Perkasa.
Imam Koeswahyono.
Mohammad Hamidi Masykur .
ISSN: 2442-6954 e-ISSN: 2580-2151 Doi: https://doi.
org/10.
31292/bhumi.
Agricultural Absentee Land Ownership Rules: Problem or Solution for Farmers on Food Resilience Program? Surya Rimba Perkasa,1* Imam Koeswahyono,2 Mohammad Hamidi Masykur3 Master of Notary Affairs.
Faculty of Law.
Brawijaya University.
Malang City.
East Java.
Indonesia *Corresponding Author: suryarimba@student.
1, 2, 3
Received: July 17, 2024.
Reviewed: October 10, 2024.
Accepted: November 6, 2024 Abstract: Food resilience is a critical aspect of national sustainability programs.
with large and diverse population.
Indonesia needs to prioritize food resilience as a primary focus of government Empowering Indonesia's predominantly farming population is one way to achieve food In this regard, the government can utilize absentee land to achieve food resilience goals and improve the welfare of farmers.
However, regulations restricting land ownership to civil servants under Article 3 of Government Regulation No.
224 of 1961 hinder the utilization of absentee These regulations pose a significant obstacle to farmers who seek to engage in or expand agricultural endeavors.
The conflicts arising from these regulations constitute the most substantial barrier to farmers' efforts to realize food resilience programs in Indonesia.
This research uses a normative legal research method, focusing on the absent land through statutory and case The results of this research suggest that absentee land regulations are no longer relevant given the current state of affairs, as they impede the maximization of food resilience, particularly for farmers in the agricultural sector.
Keywords: Absentee Land.
Farm Land.
Food Resilience INTRODUCTION Indonesia is a country known as an agrarian nation, where farming is the main occupation for the majority of its population.
Agricultural activities conducted by the community involve various sectors, including cultivation, crop production, food production, plantations, livestock, and fishing.
Consequently, economic development primarily focuses on the agricultural market sector to ensure the well-being of the people.
The majority of agricultural workers are farm laborers.
Based on data, the number of agricultural household enterprises in Indonesia is 28,419,398 households (Badan Pusat Statistik, 2.
Article 33 of the 1945 Constitution of the Republic of Indonesia regulates the utilization of agricultural land, emphasizing the importance of maximizing the use of natural resources like land, water, and air to ensure the well-being of the Indonesian people.
The utilization of land today is a vital aspect of daily life for the Indonesian people.
Land serves as a medium for plant growth, a source of staple food, and as an area for various community activities.
Land is also a critical or essential component in the success of All articles published in Bhumi: Jurnal Agraria dan Pertanahan are licensed under a Creative Commons Attribution-ShareAlike 4.
0 International license.
Perkasa et.
Agricultural Absentee A.
production, which is vital for human life and the progress of a nation.
The social function of land, as regulated in the Basic Agrarian Law (BAL), means that any land rights within society cannot be justified if the land is used or unused solely for personal interests, especially if such actions could harm the community.
Based on this concept, the country, an agrarian nation where the majority of its citizens are farmers, has a duty to meet all its citizens' needs, particularly those pertaining to the acquisition of agricultural production One of the important factors of production is the presence of land as a place for farmers to work (Alan, 2.
The term "absentee" etymologically originates from the English language, where the word "absentee" means not present or not being in one's place (Echols & Sadhily, 2.
Absentee land can be defined as agricultural land located outside the domicile of the Agricultural land has a significant role in the history of the term "absentee.
" The prohibition of absentee land ownership is a manifestation of the land reform goals outlined in Article 10 of the Basic Agrarian Law.
In addition to embodying the spirit of land reform, the Basic Agrarian Law prohibits absentee land ownership to prevent exploitative practices.
One example of such exploitative practices is paying agricultural laborers excessively low wages (Putri, 2.
However.
Article 11 paragraph .
of the Basic Agrarian Law (BAL) states that policies must ensure the protection of vulnerable communities to achieve societal welfare, particularly for farmers.
Supervision of agricultural absentee land ownership can cause problems in the ownership process.
In their research.
Sarbini & Negara .
stated that the implementation of E-KTP on a national scale has not yet been able to address the issue of agricultural absentee land ownership in Bangli Regency by people living outside the districts of Bangli Regency.
They are still changing addresses, but the landowners are still The unique aspect of this research is its thorough examination of the rules governing agricultural absentee land ownership, which are no longer applicable in today's world.
also explores the possibility of absentee farmers owning agricultural land as a means to enhance food resilience.
Furthermore, in the research conducted by Ngazis et al.
, according to the agricultural absentee land ownership regulations.
Article 3 of Government Regulation No.
224 of 1961 prohibits the general public from owning absentee land.
Therefore.
Article 3 of Government Regulation No.
224 of 1961 prohibits the general public from transferring such land to individuals whose domicile differs from the land's location.
The unique aspect of this research is its emphasis on the urgent need to implement regulations on absentee land.
The community, particularly farmers, benefits from this legal certainty, which allows them to own such land for agricultural purposes.
This aligns with the government's goal of achieving food resilience.
The purpose of the research is based on parameters that illustrate whether the regulations of agricultural absentee land ownership are outdated or no longer 144 BHUMI: Jurnal Agraria dan Pertanahan, 10 .
November 2024 relevant to the present day.
The expanded regions of Indonesia demonstrate the irrelevance of these regulations.
In 1961.
Indonesia had only 21 provinces.
This number has increased due to regional expansion, and currently Indonesia has 38 provinces (Pudyas, 2.
The regulation on absentee land must be updated to improve the welfare of farmers in accordance with the values contained in the article 11-chapter 2 Basic Agrarian Law (BAL) that AuDifferences in the state of society and the legal needs of the people's groups where it is necessary and not contrary to the national interest are consideredAy.
With Article 3 of Government Regulation No.
224 of 1961 only allowing civil servants to own absentee land, the nation's goal of improving the welfare of the community, especially farmers, becomes increasingly difficult to achieve.
If the regulations on absentee land do not undergo efficient revision, farmers will face increasing challenges in developing their agricultural businesses.
If there is a problem like this, changes regarding the regulation of absentee land must be implemented immediately in order to avoid neglect by parties who are allowed to own absentee land and to make it easier for the community, especially farmers, to also own absentee land with the aim of developing agricultural businesses and to help the government in the aim of maintaining national financial security.
Based on this description, this research is based on two problems, where the first problem is that the regulations regarding absentee land are no longer relevant to the current situation, and the second is that absentee land can be a way out for the state to improve the welfare of the community, especially farmers, and realize government goals in food resilience.
METHODS
The legal research used is normative juridical research, which aims to find the essence of norms and rules that are in accordance with the basic principles of the Indonesian state.
Positive law serves as the primary legal material in this research, while literature-related secondary material complements the primary legal material (Marzuki, 2.
This study employs a statute approach, scrutinizing and analyzing statutory regulations associated with the legal matters under discussion.
Additionally, it employs a literature review approach, which entails a thorough review and critical evaluation of sources.
A literature review primarily aims to comprehend the current status of research in the field that pertains to the study topic (Ferdiansah, 2.
Using a literature review as a comparison, we can see that current absentee land ownership regulations are out of date and require updating.
This research employs systematic interpretation as the legal material analysis Does the technique analysis link a statutory provision to other statutory regulations, ensuring that its interpretation doesn't deviate or depart from the country's legal system? (Aulia, 2.
Perkasa et.
Agricultural Absentee A.
RESULTS AND DISCUSSION
The Concept of Absentee Land According to Indonesian Positive Law Indonesia is a rule-of-law country (Al Uyun & Isrok, 2.
As stated in Article 1, paragraph .
of the 1945 Constitution of the Republic of Indonesia, hereinafter referred to as the 1945 Constitution of the Republic of Indonesia, the state of Indonesia is defined as a state of law.
Therefore, the state and its citizens must adhere to clear rules to maintain their Article 33, paragraph .
of the 1945 Constitution of the Republic of Indonesia stipulates that the state controls and uses the earth, water, and natural resources contained therein for the greatest prosperity of the people.
The word absentee comes from the Latin word "absentis," which means not present.
The term absentee refers to an individual who is either absent or not present at their place of residence.
In Sundanese, the term "absentee" refers to the ownership of agricultural land that is located outside the owner's home area, known as "guntai"(Harsono, 2.
The protection and empowerment of farmers aim to achieve sovereignty and self-reliance, thereby improving their welfare, quality, and overall living standards.
It also protects farmers from crop failures and price risks, provides necessary agricultural infrastructure and facilities to support farming enterprises, develops agricultural financing institutions to meet their needs, enhances the skills and capacity of farmers and farmer institutions to run value-added, market-oriented, sustainable farming enterprises, and provides legal certainty for the implementation of farming enterprises (Risnandar, 2.
Law No.
5 of 1960, also known as the Basic Agrarian Law (BAL), primarily dictates the regulations regarding agricultural absentee land ownership in Indonesia.
This law seeks to regulate land use and ownership, ensuring that agricultural land serves its intended purpose for the benefit of society and the economy.
Section 1 of Article 10 in BAL specifically stipulates that all individuals and legal entities granted rights to agricultural land must actively cultivate or manage the land themselves.
This requirement underscores the importance of personal involvement in land use, reinforcing the idea that land is a productive asset that owners should not leave idle or exploit.
We anticipate that the existence of these provisions will render all stakeholders in agricultural lands unproductive (Ramadan, 2.
Poor communities are highly vulnerable to the neglect of their rights, which can lead to the discrimination and unfair treatment toward the poor in obtaining equality before the law and in the judicial process (Timon, 2.
One of the state's obligations to improve community welfare is to provide agricultural land for underprivileged communities.
The government has established regulations for the provision of agricultural land, enabling farmers to expand their businesses in the agricultural sector.
his arrangement also restricts 146 BHUMI: Jurnal Agraria dan Pertanahan, 10 .
November 2024 the ownership of agricultural land beyond the farmer's home district.
The table below outlines the regulations that positive law in Indonesia imposes on agricultural land and absentee land:
Table 1.
Absentee and Agricultural Land According to Positive Law in Indonesia Absentee land arrangements Article 10 Law Number 5 of 1960 concerning Basic Agrarian Principles Regulations Article 1 paragraph .
and paragraph .
and Article 3 Government Regulation in Lieu of Law Number 56 of 1960 concerning Determination of Land Area Article 3 and Explanation of Article 3 Government Regulation of the Republic of Indonesia Number 224 of 1961 concerning Implementation of Land Distribution and Provision of Compensation Article 3a.
Article 3b.
Article 3c, and Article 3d of Government Regulation of the Republic of Indonesia Number 41 of 1964 concerning Amendments and Supplements to Government Regulation No.
224 of 1961 concerning Implementation of Land Distribution and Provision of Compensation Regulatory Content The obligation of every person and legal entity to work on agricultural land actively without extortion Regulates the maximum control of agricultural land that is permitted to be owned or worked on Implementation of compensation for absentee land ownership and views on why civil servants can own absentee land Additional compensation for absentee land release Source: Indonesian Positive Legal Regulations, 2024.
In relation to Civil Law, particularly Property Law, it is the law that regulates the relationship between legal subjects and objects, which gives rise to property rights (Meliala.
Land has an inherent connection to farming.
Land is a primary factor in developing Future generations will struggle to meet the need for land without sustainable development, given the finite nature of land and the increasing demand for it (Nasution & Sugianto, 2.
Based on Table 1, it is stated that the regulation of agricultural absentee land ownership in Indonesia is regulated in Article 10 paragraph .
of the BAL, which stipulates that "Every person and legal entity who has rights to agricultural land is in principle obliged to work or cultivate it actively themselves, by preventing other means of extortion.
" This article posits a principle that permits agricultural landowners to work or cultivate their own land, allowing them to employ labor, while also prohibiting the use of extortion tactics.
Giving too low wages to farmworkers who assist in the work and cultivation of the land in question constitutes "exploitation de l'homme par l'homme," a form of extortion that runs counter to the principles of justice (Harsono, 2.
The aforementioned principles require landowners to actively and independently work or cultivate their land.
Article 10 of the UUPA clearly prohibits landowners from renting out their land to other parties for any Perkasa et.
Agricultural Absentee A.
The Supreme Advisory Council, which was abolished in 1967 and replaced by the Presidential Advisory Council (Wantimpre.
, stated in its proposal on "reforming land rights and land use," stated that land reform aims to create a just and prosperous society where the standard of living for farmers and ordinary people increases (Harsono, 2.
It's also possible to own agricultural land while being away from home according to Article 1 paragraphs .
and Article 3 of Government Regulation in Lieu of Law Number 56 of 1960 concerning Determination of Land Area, also known as PRP 56 of 1960.
Article 1 paragraph .
stipulates that a single family can only manage a total of 20 hectares of agricultural land, including rice fields, dry land, and paddy fields.
Article 3 of PRP 56 of 1960 regulates this area, stating that "Persons and heads of families whose family members control agricultural land whose total area exceeds the maximum area are obliged to report this to the relevant Regency/City Regional Agrarian Head within 3 months from the entry into force of this Regulation.
" The Minister of Agrarian Affairs has the authority to extend this period if necessary.
That article explains the maximum area of land ownership that a person can own or control.
This article prevents landownership monopolies, ensuring fair Based on Article 3 and the explanation to Article 3 of the Republic of Indonesia Government Regulation Number 224 of 1961 about the Implementation of Land Distribution and Providing Compensation, it is possible to say that owning land outside of the sub-district can make farming less efficient and can force farmers who live in the subdistrict to have the same domicile.
Only agricultural laborers are the intended users of the However, in the explanation of Article 3, it makes an exception for civil servants performing their duties, allowing them to own land in the area where they work, up to a maximum of 2/5 of the designated area maximum.
The landowner must transfer the land no later than two years after moving, according to Articles 3a, 3b, 3c, and 3d of Indonesia Government Regulation Number 41 of 1964 concerning Amendments and Supplements to Government Regulation No.
224 of 1961 concerning the Implementation of Land Distribution and Providing Compensation.
If the landowner doesn't tell the authorities, he must transfer it to a resident who lives at the same address as the land address.
Retired civil servants and equivalents receive a maximum of 1 .
year from the end of their term of office, while inheritors receive a maximum of 1 .
year from the testator's death.
These regulations aim to prevent monopoly over large-scale land control by a single individual by regulating absentee land ownership.
Legal developments are believed to lag behind societal progress, according to Van Kan's opinion, thus necessitating constant revision (Andasasmita, 2.
We deem the concept of prohibiting absentee land ownership outdated, especially in light of technological advancements in transportation that can cover long distances rapidly.
The prohibition aims to empower the community, especially 148 BHUMI: Jurnal Agraria dan Pertanahan, 10 .
November 2024 farmers, to efficiently use the district's agricultural land, granting them control over a maximum of 20 hectares.
This framework prevents the concentration of land ownership in the hands of a single individual.
However, these articles contain numerous exceptions, rendering the regulation of agricultural absentee land ownership less favorable to economically weak communities.
Article 11, paragraph .
, of the Basic Agrarian Law, also known as BAL, contradicts this exception by stating that the BAL guarantees the protection of the interests of economically weak groups, taking into account differences in societal conditions and legal needs when necessary and not conflicting with national interests.
Several articles in Table 1 contradict Article 11.
Paragraph 2, of the UUPA, as this article's principle demands the state prioritize the interests of the economically disadvantaged, specifically farmers.
This aligns with the aspirations of the Indonesian State expressed in the opening of the 4th .
Alenia Constitution of the Republic of Indonesia, which aims to promote general welfare, instill intelligence in the nation's life through belief in the Almighty God, promote just and civilized humanity, guide Indonesian unity and democracy through wise deliberation and representation, and achieve social justice for all Indonesians.
As stated in the 1945 Constitution of the Republic of Indonesia, the state aims to ensure that justice is accessible to all Indonesians, regardless of their work or position.
The community, especially farmers, must directly feel the impact of this justice.
This is in accordance with Fadli .
view that the formulation and formation of legislative regulations must be sourced and aimed at strengthening the joints of Pancasila and the 1945 Constitution of the Republic of Indonesia, so it is important to explain the five principles of Pancasila where Pancasila is the philosophical basis which must be translated into legal values and legal norms in the Indonesian legal system.
The Impact of Regulations on Absentee Ownership of Agricultural Land on Farmers for Achieving Food Resilience Programs Government Regulation Number 224 of 1961 is no longer relevant to current We can evaluate the relevance of the agricultural absentee land ownership rule in this era by considering the technological advancements.
Technological advancement greatly benefits farmers in the process of working on agricultural land, with advancements in agriculture technology and transportation technology.
These two examples of technological advancement greatly assist farmers in the field of agriculture, ensuring that the rule regarding agricultural absentee land ownership does not hinder their ability to carry out their work and comply with Article 10, paragraph 2 of the BAL, which requires those working to actively cultivate agricultural land.
According to Sodiki .
The 1960 Basic Agrarian Law's populist nature, which strongly supports the interests of farmers, is one of its fundamental ideas and conceptions.
One of the basic ideas and conceptions of the Perkasa et.
Agricultural Absentee A.
1960 Basic Agrarian Law is its populist nature, namely its strong support for the interests of the farmers.
The current regulations on agricultural absentee land ownership are obsolete because of modern infrastructure advancements and changing circumstances.
Despite being located far from the sub-district boundary, the owner can still cultivate it using modern technology, a significant departure from the practices of the 1960s.
We should reassess the 1960s legislation's limitations on absentee ownership and control of land, as they no longer align with current conditions (Ariska et al.
, 2.
One important change is that landowners can now use advanced agricultural technology to farm land that is not near their main home or the designated sub-district boundary.
Technological advancements have broadened the management and utilization of land, enabling owners to remotely maintain productive With these changes in mind, it is crucial to reevaluate the limitations imposed by the 1960s laws concerning absentee ownership and control of land.
These rules, created for an earlier time, no longer match current customs and circumstances.
A comprehensive reassessment could allow for more adaptable and practical strategies for land management, taking into account the capabilities of modern technology and evolving economic Agricultural absentee land ownership can arise from various factors, including farmers' ignorance of the prohibition rules on absentee ownership of farmland, as well as those who inherit farmland without proper documentation.
In rural areas, informal transactions often transfer land rights, making the supervision of this agricultural land difficult to enforce (Ariska et al.
, 2.
The second aspect is inheritance.
Laws and regulations provide legal protection to the heirs of absentee landowners who reside outside the area, provided that the inheritance aligns with these laws and regulations.
This ensures that the heirs are indeed the heirs of the absentee landowner and are actively cultivating the farmland.
Therefore, the law provides legal protection for these heirs as stipulated in Article 10 of BAL, which states that every individual and legal entity who owns farmland is required to actively work on or manage it themselves (Permatasari et al.
, 2.
On the other hand, agricultural policy in Indonesia is facing global trends towards sustainable agriculture, balancing the economic, environmental, and social aspects of agriculture, and creating a resilient agricultural system in the long term (Ikhsani et al.
, 2.
With the advancement of technology today, there should be no reason for farmers to not actively utilize farmland even if it is located outside the district where the farmer resides, making the rules on absentee ownership of farmland increasingly irrelevant in today's era.
When implementing food self-sufficiency programs, we can utilize certain parameters to evaluate the relevance of rules related to absentee ownership of agricultural This program in Indonesia requires farmers to play a major role in achieving food selfsufficiency.
Food security management extends beyond saving household lives, impacting 150 BHUMI: Jurnal Agraria dan Pertanahan, 10 .
November 2024 social resilience, economic stability, political stability, and national resilience (Sihombing.
The key to achieving food resilience is having well-prepared agricultural facilities and effective coordination, integration, synchronization, and efficiency among different food-related institutions.
Robust and adequate agricultural infrastructure is essential for ensuring food resilience.
The definition of food resilience is the ability of a country or nation to produce a variety of food domestically, ensuring the fulfillment of food needs at the individual level by utilizing the potential of natural resources, human resources, social, economic, and local wisdom in a dignified manner (BULOG, 2.
Therefore, food resilience can be interpreted as food self-sufficiency, where the state and the people of Indonesia are able to meet domestic food needs and even have a surplus of food so that they can export domestic food to increase foreign exchange earnings and national income with the realization of national food self-sufficiency (Hakim & Irawan, 2.
Optimizing the performance of the food economic system, which includes the production, distribution, and consumption subsystems, is necessary to meet domestic food Natural resources, institutions, culture, and technology continuously interact with these three interconnected subsystems.
This process will run efficiently if supported by community participation and an effective agricultural information communication system.
(Rangkuti, 2.
The food resilience program gives farmers an important role in supporting the program's sustainability.
Empowering the community does not mean making them more dependent on aid programs, because the goal is to make them self-reliant and improve their ability to continuously achieve a better life.
Community development conversations closely link empowerment to self-reliance, participation, networking, and justice.
Only community-driven development, which aims to raise awareness and create sustainable food security, can achieve food self-sufficiency.
Rice farmers, typically operating on a small scale, can achieve competitiveness by being part of a robust economic organization or institution and leveraging their combined physical and social capital resources.
Article 3 of Government Regulation Number 224 of 1961, which restricts agricultural absentee land ownership to civil servants, police officers, and military personnel, actually creates obstacles for farmers participating in the government's food self-sufficiency This regulation could potentially impede food self-sufficiency programs, as it prohibits farmers from owning agricultural land absenteely.
This obstacle may arise because the rules established in 1961 are significantly different from the current conditions.
Technological advancements in agriculture and transportation have facilitated farmers' mobility during their work on agricultural land, rendering regulations on absentee agricultural land ownership obsolete in today's context.
Perkasa et.
Agricultural Absentee A.
Based on research on the issues raised by agricultural absentee land ownership regulations in Article 3 of Government Regulation Number 224 of 1961, the government urgently needs to amend the rules to address this issue and make them more beneficial to The government must also implement this rule change, as farmers play a crucial role in the success of food self-sufficiency programs.
Exceptions to agricultural absentee land ownership for civil servants, police, and the military will only result in suboptimal utilization of agricultural land, as farmers are the ones who understand it best.
This is certainly in line with the government's goal to make Indonesia a food-resilient country.
If we apply Article 3 of Government Regulation No.
224 of 1961 to the theory of justice, then this rule does not achieve justice for farmers.
Scholars and legal professionals have integrated justice, a fundamental aspect of legal principles, into their perspectives (Koeswahyono, 2.
From the viewpoint of justice advocated by John Rawls, it is argued that justice can be achieved by balancing interests without giving priority to any particular interest (Ali, 2.
Examined from the theory put forward by John Rawls (Rawls, 1.
, the regulations regarding absentee land regulated in Government Regulation Number 224 of 1961 are regulations that are not in accordance with the theory of justice itself.
In absentee land regulations only allow civil servants to own land in absentee, while people, in this case farmers who actually need property to develop their business and obtain a prosperous life, are not allowed to own land in absentee.
The parameter pertains to the ease of transportation and technological advancements in the agricultural sector, which significantly enhance farmers' ability to cultivate land independently, thereby making the process easier and more efficient.
The final parameter pertains to the maximum land ownership limit regulations.
These regulations, still in force due to positive law, enable absentee land ownership without discriminating between groups, thereby enhancing community welfare, particularly for farmers.
Experts use the theory of justice to conclude that absentee land does not follow UUPA justice principles.
Regulations on absentee land, which restrict ownership to specific groups, no longer align with the theory of justice and the principles outlined in Article 11, paragraph 2, of the UUPA.
Technology advancements are increasingly enabling farmers to utilize agricultural land to its fullest potential, as producers possess the best understanding of maximizing the land's potential.
Exceptions granted to civil servants, police, and military personnel could potentially result in the accumulation of wealth and the conversion of active agricultural land into abandoned land due to lack of use.
CONCLUSIONS
Regulations regarding absentee land are no longer relevant to current conditions, considering the ease of transportation and technological advances that truly help farmers' performance in actively working on agricultural land.
While farmers can work 152 BHUMI: Jurnal Agraria dan Pertanahan, 10 .
November 2024 independently, these regulations are studied in justice theory as a burden because they cannot own land outside their domicile.
These regulations also have the potential to deprive farmers of their land rights, as they mandate the general public not to own land in absentia.
We must promptly address the problems arising from absentee land regulations to align with BAL principles, which require the state to support economically weak communities.
To align with the ideals of state law and fully utilize natural resources for the welfare of all people, not just certain groups, the state must make changes to these regulations.
We also need to implement this reconstruction rule to enable farmers, who are crucial to the food resilience program, to fully utilize agricultural land.
RECOMMENDATIONS
To ensure equality in absentee land ownership, the government should consider recommendations related to absentee land regulations.
The government needs to modify absentee land regulations, as the existing ones primarily benefit specific groups.
These modifications are necessary to assist all societal groups, particularly farmers who can actively and independently cultivate the land.
The first suggestion involves changing the rules to allow individuals who work as farmers to own agricultural land absentee, replacing the previous rule that restricted ownership to civil servants, police officers, and military personnel.
We should take into account the second recommendation, which focuses on distance.
It stipulates that farmers can only own agricultural land absent within a maximum of one district or city.
The government can utilize the distance from a farmer's home to their cultivated land in the formulation or modification of regulations.
Regulations that ensure legal certainty regarding absentee land ownership should support the technological advancements that increasingly facilitate farmers in land cultivation.
The government should consider amending the regulations on absentee land ownership, which currently measure land ownership from the owner's residence.
Technological advancements and ease of transportation, which enable farmers to actively cultivate their land, support distance as the most rational factor for changing regulations about absentee land ownership.
REFERENCES