p–ISSN: 2723 - 6609 e-ISSN: 2745-5254

Vol. 5, No. 5 May 2024 http://jist.publikasiindonesia.id/

Jurnal Indonesia Sosial Teknologi, Vol. 5, No. 5, May 2024 2294

Legal Transformation: Realizing Nomocracy and

Transparency in the Field of Land Distribution in Indonesia

Isnin Harianti

, Bayu Dwi Anggono

, Fanny tanuwijaya

Universitas Jember, Indonesia

Email: [email protected]

, [email protected]

[email protected]

*Correspondence

ABSTRACT

Keywords: Legal

Transformation;

Nomocracy; Land

Distribution.

In Indonesia, the issue of land distribution is an important

issue related to social justice and the legal system. The large

number of agrarian conflicts and inequality of access to land

shows the need for legal transformation to achieve the ideals

of the rule of law (nomocracy) and transparency in land

distribution. The purpose of this study is to analyse the legal

transformation needed to realise the ideal of the rule of law

(nomocracy) and transparency in the field of land

distribution, focusing on efforts to ensure fairness in the land

distribution system in Indonesia. This research uses

Empirical methods. The research data was collected from

literature published in reputable scientific journals.

Literature is collected through searches in electronic

literature databases, such as Google Scholar and Scopus. The

data that has been collected is then analysed in three stages,

namely data reduction, data presentation and conclusions.

The results show that the transformation of law in Indonesia

towards nomocracy and transparency in land distribution

aims to strengthen legal foundations, ensure justice, and

reduce inequality of land access. The principle of nomocracy

places law as the primary guide in decision-making, while

transparency reduces the potential for corruption and land-

related conflicts. Land law reform and land redistribution

policies are crucial steps in achieving this goal. More open

access to public information in the area of land distribution

allows for greater public participation in decision-making

processes. By strengthening transparency and the

application of nomocracy principles, Indonesia can

strengthen the foundation of its rule of law and ensure

sustainability in land resource management.

Introduction

In Indonesia, the issue of land distribution has become the focus of urgent attention

relating to social justice and the legal system. According to a report by the Agrarian

Reform Consortium (KPA), throughout 2023, there will be at least 241 cases of agrarian

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conflicts in Indonesia. The conflict involved an area of 638.2 thousand hectares and

affected 135.6 thousand heads of families (KK). KPA noted that many cases of agrarian

conflicts in 2023 are related to the plantation business sector (108 cases), property

business (44 cases), mining (32 cases), and infrastructure projects (30 cases). In addition,

there were eruptions of conflicts related to the forestry sector (17 cases), coastal and small

islands (5 cases), and military facilities (5 cases) (Wiweko, Utama, Anggraningrum,

Hasan, & Hidayat, 2023). High levels of agrarian conflict and inequality in access to land

are clear indications of the urgency of legal transformation. Efforts to change the legal

structure related to land distribution are very important in order to create a more fair and

equitable system for all citizens (Pebrianti, 2021).

Legal transformation in order to realise the ideal of the rule of law (nomocracy)

and transparency in the field of land distribution in Indonesia aims to develop a more

democratic, transparent, and effective legal system. In this transformation process, the

Pancasila legal state must be carried out systematically, structured, and massive.

Pancasila, as the basis of the state, is the source of all sources of law that provide legal

guidance and overcome all laws and regulations. In the Indonesian constitutional system,

the ideal of the rule of law has become an inseparable part of the development of the idea

of Indonesian statehood since independence (Karianga, 2017).

The availability of relevant and reliable data on land distribution and related legal

proceedings limits this research. Sometimes, the data required for in-depth analysis is

incomplete or difficult to find. Other limitations, such as time and expertise, limit the

depth of analysis and scope of research, which can affect the extent to which research can

explore relevant and complex aspects of the desired legal transformation.

This research provides an important foundation for advanced research in the field

of law, especially in the context of legal transformation and land distribution. The findings

and analysis of the study provide in-depth insights into various aspects related to the

problem, which can be a foothold for researchers to explore further. In the context of legal

transformation, this research may have identified certain patterns or trends in legal

changes related to land distribution, providing a better understanding of legal dynamics

and change processes, which in turn can be used to develop more comprehensive theories.

In addition, the study may also have uncovered specific issues in land distribution

practices that require further attention, including issues related to social justice, protection

of property rights, or the efficiency of land distribution systems. Thus, the findings from

this study can strengthen the basis for the development of more effective legal practices

in the future, and by better understanding the dynamics of legal transformation and land

distribution, policymakers and legal practitioners can develop better strategies to address

existing challenges and create a more just and effective legal system, open opportunities

for innovation in legal theory and practice that can produce a positive impact on society

at large.

The purpose of this study is to analyse the legal transformation needed to realise

the ideal of the rule of law (nomocracy) and transparency in the field of land distribution,

focusing on efforts to ensure fairness in the land distribution system in Indonesia. Based

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on this description, researchers have two research questions: What is the purpose of legal

transformation in the field of land distribution in Indonesia? What is the importance of

legal transparency in the field of land distribution in Indonesia?

Research Methods

This research uses Empirical methods. Empirical Method: A legal research method

that uses empirical facts taken from interviews and direct observations. The research data

was collected from literature published in reputable scientific journals. Literature is

collected through searches in electronic literature databases, such as Google Scholar and

Scopus. The data used in this study has several criteria, including:

Table 1

Inclusion and Exclusion Criteria

Criterion

Inclusion

Exclusion

Language

Indonesian and

English

In addition to

Indonesian and

English

Publication Period

2014-2024

Before 2014

The collected data is then analysed in three stages: data reduction, data presentation

and conclusions.

Results and Discussion

The state is an integration rather than political power; the state is the principal

organisation of political power. The existence of a state has great significance in

maintaining order, security, and public welfare. Fundamentally, the state provides the

necessary framework for regulating the relationship between individuals within a given

territory. The state provides legal structures and governmental institutions that facilitate

the implementation of justice, protection of rights, and enforcement of rules. In addition,

the state is also responsible for the provision of public services such as education, health,

and infrastructure that are fundamental to social welfare.

In addition to maintaining order and welfare, the state also has an important role

in realising social solidarity and economic development. Through public policies and

development programs, states can reduce social and economic disparities between

individuals and groups in society. States also play a role in safeguarding national

sovereignty and security from internal and external threats, as well as facilitating

cooperation between nations for common interests such as peace, trade, and the

environment. Thus, the existence of the state plays a central role in shaping identity,

nurturing interests, and promoting the welfare of all citizens.

The state, in this case, is an agency (tool) of society that has the power to regulate

human relations in society and bring order to the symptoms of power in society. The state

paradigm is formulated by plenary integrating 5 (five) principles of statehood, namely

Godhead (theism), humanity (humanism), nationality (nationalism), populist

(democracy), and social justice (socialism) into a concept of Pancasila. The five principles

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of Pancasila contain universal values but also have a particularity base on the traditions

of the Indonesian nation. The dimensions of universality and particularity cause

conceptual tensions in Pancasila, which shows that the founders of the Indonesian state

wanted to establish a nation-state with modern characteristics but still based on the

traditions of the Indonesian nation (Azhari, 2012).

The concept of the State of law in each State does show the dynamics of form and

implementation in accordance with the historical background, ideology, experience, and

view of the State of law. In this connection, it is known in practice that there is a legal

State that only protects and protects the State from threats or expansion of other States.

However, there are also States that, in addition to protecting their citizens from threats,

other States also intervene in their warrga's life system towards welfare goals (Bakri &

Jeddawi, 2022). Normatively, the affirmation of Indonesia as a state of law is contained

in the 1945 Constitution in Article 1 paragraph (3), which states, "The State of Indonesia

is a State of Law." As a state of law, all actions of state administrators and citizens must

be in accordance with applicable regulations or laws and regulations. The law, in this

case, is a hierarchy of norms culminating in the constitution, namely the Constitution of

the Republic of Indonesia, Year 1945. In addition, the laws applied and enforced must

reflect the will of the people, so they must ensure the participation of citizens in the state

decision-making process (Rais, 2022).

The Indonesian State of Law is a state of law based on the values of Pancasila,

which is the philosophy and basis of the state. As the basis of the state, Pancasila, which

is a reflection of the soul of the Indonesian nation, should be the source of law from all

existing legal regulations. The Indonesian Constitution, at first, affirmed that Indonesia

was a Rechtsstaat. This is affirmed in the pre-amendment explanation of the 1945

Constitution, which states that "The state government system affirmed in the Constitution

is: Indonesia is a state based on law (rechtsstaat)". After the amendment, the explanation

in the 1945 Constitution was removed, leaving only the opening and torso (Hadi, 2022).

The conception of the rule of law always revolves around two different legal

traditions, namely, the common law system and the civil law system. Both legal systems

use different terms, namely rechtsstaat and the rule of law. In the Continental European

legal system, the term rechtsstaat is also referred to by other terms, such as the concept

of legality or Etat de droit. The two legal systems in question, in principle, lead to one

main understanding and meaning, namely the rule of law. Both systems view law as an

effective means of organising the life of the nation and state. However, there is a very real

difference between the two (Iswari, 2020). Although they come from different traditions,

these principles underscore the importance of a just rule of law, protection of individual

rights, and the existence of independent institutions in a country's legal system.

The concept of the rule of law is related to the term nomocracy (nomocracy) or

the rule of law, which means that the determinant in the exercise of state power is law

(Hamzani, 2024). The concept of the rule of law is related to the term nomocracy or the

rule of law, which describes that the law becomes the main authority in exercising state

power, placing it as the basis and barrier for the actions of the government and citizens.

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A country that is run with a nomocracy system will clearly be able to overcome inequality,

poverty and even injustice because of all the legal foundations that apply in the country.

Tax abolition, the application of zakat as a state model with a nomocracy system, the

government is present to serve and protect (Chaidar, 2020).

The concept of the rule of law, or the rule of law, is a fundamental principle in the

system of government that asserts that state power must be governed by law, not by the

policies or desires of the ruler alone. This means that the law must be the foundation for

all government actions, including lawmaking, law enforcement, and court decisions. This

concept guarantees that every individual, including the government itself, is subject to

equal and fair laws. Thus, the rule of law creates a stable, orderly, and predictable

framework for society and becomes the foundation for justice and the protection of human

rights.

Nomocracy is a concept closely related to the rule of law. The term refers to a

form of government in which political decisions are based on legal principles. In this

context, law has a strong and binding position, thus becoming the main basis for

policymaking and the exercise of state power. In a nomocracy system, the government is

responsible for exercising its powers in accordance with applicable law and may not act

outside the limits established by that law. Thus, the concept of nomocracy underlines the

importance of legal power in regulating the order of life in society and maintaining a

balance of power between government and citizens.

According to (Patamatta & Jumardi, 2020), the principles of a Modern Legal State

such as Indonesia adhere to at least the main pillars to support the establishment of the

legal state, namely:

Supremacy of Law:

The concept of rule of law asserts that the law is above everything else in a country.

This means that every individual, including the government and its officials, is subject to

the same laws, and no one is exempt from compliance. This principle keeps power from

being abused and encourages the creation of a society governed by clear and consistent

rules.

Equality Before the Law: This principle states that all individuals should be treated

equally regardless of their social, economic, or political status before the law. There is no

discrimination in the application of the law, and all people have equal rights to legal

protection and fair treatment from the judicial system.

Asas Legalitas (Due Process of Law):

The principle of legality guarantees that every individual has the right to undergo a

fair and transparent legal process before being convicted or sanctioned. This means that

legal decisions cannot be made arbitrarily; rather, they must be based on procedures

established by law and rights guaranteed by the Constitution or other legal regulations.

Limitation of Power:

The principle of limitation of power emphasises the importance of having

mechanisms that regulate and limit government power so that it is not misused. This can

be done through the division of power between the branches of government, such as the

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executive, legislature, and judiciary, as well as through mechanisms of supervision and

balance of power.

Independent Supporting Organs: The independence and independence of

supporting organs such as police, prosecutors, and supervisory agencies is important in

ensuring the rule of law and justice. These organs shall operate without intervention or

pressure from parties having particular interests and be responsible for the objective and

fair execution of the law following applicable legal principles.

Free and Impartial Judiciary:

The principle of a free and impartial judiciary affirms the importance of the judicial

system's independence from political influence or other external pressures. Judges must

be able to carry out their duties objectively without interference from parties interested in

the case's outcome. This helps ensure that judicial decisions are based solely on evidence

and applicable law to achieve justice.

State Administrative Court:

The state administrative court is a unique judicial system that handles disputes

between citizens and the government or public institutions. Its primary purpose is to

enforce administrative law and ensure that government decisions are based on fair and

transparent legal principles.

Constitutional Court:

Constitutional justice is a branch of justice that handles disputes related to the

constitution or the state's basic rules. Its task is to ensure that government policies or

actions conform to the principles laid out in the Constitution and maintain a balance of

power between the branches of government.

Human Rights Protection:

States shall protect the human rights of every individual without exception. These

rights include freedom of opinion, freedom of religion, the right to just justice, and the

right not to be tortured or persecuted. This protection ensures that every individual has

dignity that is respected and recognised by the state.

Bersifat Democrats (Democratic State under the Rule of Law):

A democratic rule of law prioritises democratic principles in decision-making and

law implementation. This means that state power comes from the people and is exercised

by the will of the people expressed through democratic processes while still ensuring the

protection of minority rights and civil liberties.

Serves as a Means of Realizing the Goals of the State (Welfare Rechtsstaat): The

rule of law also acts as a tool to realise the welfare of its people. This includes the state's

responsibility to provide quality public services, maintain social stability, and reduce

social and economic inequalities within society. Thus, the rule of law ensures compliance

with the law and aims to improve welfare and justice for all its citizens.

Transparency and Social Control: A good rule of law must be transparent in all

aspects of its government policies and actions. This means that information on

government decisions, the legislative process, and the use of public funds must be

publicly available. In addition, effective social control, whether through the media,

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independent supervisory bodies, or active citizen participation, is important to

maintaining accountability and sustainability of the rule of law.

Scheltema formulated his views on the elements and principles of the State of Law

in a new way, which includes 5 (five) things as follows:

1. The recognition, respect, and protection of human rights rooted in respect for human

dignity.

2. The enactment of the principle of legal certainty. State of Law aims to ensure that legal

certainty is manifested in society. The law aims to realise legal certainty and high

predictability so that the dynamics of everyday life in society are 'predictable.' The

principles contained in or related to the principle of legal certainty are:

3. The principles of legality, constitutionality, and rule of law assert that state power must

be based on law, both in the form of laws and constitutions, and laws must have

binding force for all parties, including the government itself. This principle guarantees

that no one is above the law, so every government action must be in accordance with

applicable legal provisions.

The principle of the law establishes various sets of regulations on how the

government and its officials conduct governmental actions. This includes making laws,

regulations, administrative decisions, and instructions, all of which must conform to the

principles of law and justice. By binding the government to the rules outlined in the law,

this principle ensures that state power is used in an orderly and measurable manner and

is accountable to the public.

The principle of non-retroactive legislation emphasises that new laws only apply

forward, not retroactively. That is, the law should not be applied retrospectively to

prosecute or punish acts previously committed unless the law expressly allows it. This

principle provides legal certainty to individuals, as they can rely on the laws that existed

at the time their actions were committed without fear of legal changes that would affect

their rights in the future.

The principles of legality, constitutionality, and rule of law assert that state power

must be based on law, both in the form of laws and constitutions, and laws must have

binding force for all parties, including the government itself. This principle guarantees

that no one is above the law, so every government action must be in accordance with

applicable legal provisions.

The principle of the law establishes various sets of regulations on the manner in

which the government and its officials conduct governmental actions. It includes the

making of laws, regulations, administrative decisions, and instructions, all of which must

conform to the principles of law and justice. By binding the government to the rules set

forth in the law, this principle ensures that state power is used in an orderly and

measurable manner and is accountable to the public.

The principle of non-retroactive legislation emphasises that new laws only apply

forward, not retroactively. That is, the law should not be applied retrospectively to

prosecute or punish acts that have been previously committed unless the law expressly

allows it. This principle provides legal certainty to individuals, as they can rely on the

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laws that existed at the time their actions were committed without fear of legal changes

that would affect their rights in the future.

In a State of Law, the Government may not privilege a particular person or group

of people or discriminate against a particular person or group of people. Within this

principle, there is a guarantee of equality for all before the law and government and the

availability of mechanisms to demand equal treatment for all citizens.

The principle of democracy whereby everyone has equal rights and opportunities

to participate in government or to influence the actions of government. For this reason,

the principle of democracy is realised through several principles, namely:

1. The existence of a mechanism for the election of certain public officials that are direct,

public, free, secret, honest and fair, which is held regularly;

2. The government is responsible and can be held accountable by the people's

representative body;

3. All citizens have equal possibilities and opportunities to participate in political

decision-making processes and control government;

4. All government actions are open to rational criticism and review by all parties;

5. Freedom of opinion/belief and expression;

6. Freedom of the press and traffic of information;

7. Draft laws should be published to enable effective popular participation.

The government and officials carry out the mandate as public servants in order to

realise public welfare in accordance with the objectives of the state concerned. This

principle contains the following:

The general basics of a worthy peerintahan

The fundamental conditions for the existence of human dignity are guaranteed and

formulated in laws and regulations, especially in the Constitution;

The government must rationally organise each of its actions to have clear and

successful objectives (doelmatig). That is, the government must be organised effectively

and efficiently.

Meanwhile, according to Asshiddiqie (2012), the characteristics of a good

nomocracy or State of Law contain 9 (nine) principles, namely:

The principle of power as Amanah

The principle of power as a trust is one of the characteristics of the rule of law or

nomocracy, a system of government in which the law is considered the highest authority.

In this context, the power possessed by the government or state institutions is seen as a

mandate that must be carried out in accordance with applicable legal principles. That is,

the government acts on the basis of the authority granted by law, and that authority must

be used in the public interest and accordance with applicable legal provisions.

With the principle of power as a trust, the rule of law or nomocracy creates an

environment that supports justice, stability, and public trust in state institutions. This

allows for the creation of a transparent, accountable and equitable system where the rights

and interests of all citizens are protected and respected. Therefore, this principle becomes

one of the main pillars in building a strong and sustainable rule of law.

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The principle of deliberation

The principle of deliberation is one of the hallmarks of the rule of law or nomocracy

which emphasises the importance of active and participatory involvement of various

parties in the decision-making process. In this context, deliberation becomes the basis for

policy formation and legal determination, allowing different views and interests to be

heard and considered fairly.

Thus, the principle of deliberation becomes one of the important elements in

building a responsive, transparent, and fair rule of law. It creates a framework that allows

the public to participate in the decision-making process actively, strengthens the rule of

law, and encourages the creation of a better legal system that is more oriented towards

the interests of society as a whole.

Principles of justice

The principle of justice is one of the most important characteristics of the rule of

law or nomocracy. In this context, justice is not only considered the ultimate goal but also

the underlying principle of the entire legal system. Justice in the rule of law is reflected

in the equal treatment of all individuals before the law, regardless of social, economic, or

political status.

Overall, the principle of justice is a very important foundation for building a strong

and sustainable rule of law. By ensuring that justice is prioritised throughout the legal

system, the rule of law or nomocracy creates an environment that is fair, transparent, and

oriented towards the interests of society as a whole. It assures that the law is not only a

tool of control but also an instrument for maintaining peace, justice, and social welfare.

Principle of equation

The principle of equality is one of the essential characteristics of the rule of law or

nomocracy. In this context, equality refers to equal treatment under the law for all

individuals in the absence of discrimination based on factors such as race, religion, sex,

or socioeconomic background. The principle of equality asserts that every individual has

an equal right to be recognised and protected by law, regardless of their status or standing

in society.

Overall, the principle of equality is a crucial foundation in building a just and just

rule of law. By ensuring that every individual is treated equally under the law, the rule of

law or nomocracy creates a legal environment that stimulates trust, openness, and justice

for all its citizens. It is an indispensable aspect of ensuring the rule of law and the

protection of individual rights within a state.

Principles of recognition and protection of human rights

The principle of recognition and protection of human rights is one of the

fundamental characteristics of the rule of law or nomocracy. In this context, the rule of

law recognises that every individual has inherent rights that cannot be violated or ignored

by governments or other entities. This principle recognises the existence of fundamental

rights inherent in all human beings, such as the right to life, freedom of expression, the

right to fair treatment before the law, and the right to freedom from arbitrary treatment or

torture.

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By ensuring the recognition and protection of human rights, the rule of law or

nomocracy creates an environment that supports freedom, justice, and human dignity.

This principle is a key pillar in ensuring the rule of law and the existence of a responsible

legal system, which in turn results in a more stable, harmonious and democratic society.

The principle of a free judiciary

The principle of a judiciary free of human rights is an important foundation of the

rule of law or nomocracy. In this context, a free judiciary demonstrates strong

independence from executive and legislative power and the ability to enforce the law

fairly and objectively. This principle ensures that the justice system is not subject to

political intervention or pressure from others, thus maintaining justice and protecting

human rights.

Overall, the principle of a judiciary free of human rights is an important hallmark

of the rule of law or nomocracy. By having an independent judicial system, the rule of

law can uphold the rule of law, protect human rights, and maintain a balance of power

between government and citizens. It creates a fair, transparent, and equitable legal

environment, which is the foundation for the existence of a democratic and civilised

society.

Principles of peace

The principle of peace is one of the important characteristics of the rule of law or

nomocracy. In this context, peace is not only defined as the absence of armed conflict but

also as a condition of social harmony achieved through the just enforcement of law,

justice, and the rule of law. This principle emphasises the importance of peaceful

resolution of conflicts, both between individuals and between governments and citizens,

through transparent and equitable legal processes.

Overall, the principle of peace is an important hallmark of the rule of law or

nomocracy. By upholding the rule of law, maintaining a balance of power, and protecting

human rights, the rule of law creates an environment that supports peace in society. It

forms the basis for the existence of a stable, harmonious, and just society, which is the

ultimate goal of a democratic and civilised rule of law.

Principles of well-being

The welfare principle, which focuses on human rights, is one of the important

hallmarks of the rule of law or nomocracy. In this context, welfare is not only defined as

the fulfilment of material needs but also includes basic rights that guarantee a decent life

for all individuals. The rule of law ensures that human rights, such as the rights to

education, health, housing, and decent work, are recognised, respected, and fulfilled for

all citizens.

The principle of well-being connected to human rights reflects the commitment of

the rule of law to creating a just and inclusive society where every individual has equal

opportunities to reach their maximum potential. By recognising these fundamental rights

as an integral part of the legal system, the rule of law provides strong protection of human

dignity and social interests.

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The principle of welfare related to human rights is a distinctive feature that marks

the rule of law or nomocracy oriented towards social justice and sustainability. By making

human rights a top priority in policymaking and law enforcement, the rule of law creates

a strong foundation for an inclusive, equitable, and socially and economically sustainable

society.

The principle of popular obedience

The principle of popular rule is one of the essential characteristics of the rule of law

or nomocracy. In this context, popular rule refers to the obligation of every individual and

institution in society to comply with applicable laws. It emphasises the importance of

maintaining the rule of law as a key foundation in the formation and enforcement of public

policies and decisions.

In addition, the principle of people's governance also includes the active

involvement of citizens in the decision-making process and law enforcement. In a rule of

law or nomocracy, public participation in government and law enforcement is an

important aspect of ensuring that policies and decisions reflect the interests and

aspirations of society at large.

The principle of people's rule is not only about obeying the law but also about active

participation in the formation of a just and just legal system. By maintaining this principle,

the rule of law or nomocracy ensures that the rule of law is maintained and respected by

all parties, thus creating an environment that supports the creation of a democratic,

civilised, and universally just society.

As a state of law, Indonesia upholds the rule of law in all aspects of life, including

in the regulation and distribution of land. Land law reform is an important step in ensuring

that land-related policies are based on the principles of justice, transparency, and

protection of human rights. These reforms involve drafting comprehensive and clear laws

on the ownership, use, and resolution of land disputes, as well as strict enforcement

against violations of land-related laws. Thus, land law reform becomes a strong

foundation for creating a just, stable, and sustainable environment in land resource

management, which supports the creation of a prosperous and just society for all citizens.

Land is one of the earth's elements that is very important for the survival and

livelihood of the nation, achieving the greatest prosperity for the people who are divided

fairly and evenly. Therefore, land is cultivated or used to fulfil real needs. Land is an

essential need, and the relationship between land and humans is essential and is religious

magic (Febriana et al., 2022).

Indonesia has a large area and a very large population that makes land one of the

valuable assets to meet the needs of life. The strategic meaning of land is understood

because almost all community activities are related to or sourced from land, which

functions as settlements, agricultural land, development facilities, as places of business,

and so on (Akmal, Fitriansyah, & Ramadhan, 2023). The regulation regarding land rights

is referred to in Article 50, paragraph (1) of the UUPA, namely regarding the

establishment of a law regulating property rights. Until now the law has not been formed.

The incompleteness of the land rights regulation is expected to be completed soon in the

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form of a land rights law. The property rights regulation originally ordered in the UUPA

needs to be developed into a regulation on land rights (Ginting, 2011).

However, transparency of land use rights (HGU) data information can actually

support land redistribution in order to realise agrarian reform. Based on national and

international legal instruments, as well as the concept of public information disclosure,

access to public information must take precedence over the right to privacy of personal

information based on the guarantee of constitutional rights based on Article 28 F of the

1945 Constitution as an enforcement of the principles of the rule of law, democratic state,

good governance, and public participation. Transparency of HGU data is a form of

government accountability for the people's mandate as the owner of sovereignty in the

application of democratic principles, as well as an effort to avoid abuse of authority and

arbitrariness in distributing land as an application of the principle of the rule of law

(Winata & Sinaga, 2019).

The Presidential Decree on Agrarian Reform has regulated the policy of

implementing agrarian reform, which consists of restructuring the structure of control,

ownership, use and utilisation of land that is more equitable through asset management

accompanied by access arrangements for the prosperity of the Indonesian people. Asset

structuring through land redistribution with objects derived from former land use rights.

This is in accordance with the Presidential Regulation on Agrarian Reform that former

HGU and HGB lands that have expired their HGU and within one year have not applied

for HGU extension are priorities for agrarian reform (Arifin & Wachidah, 2023).

The importance of transparency in the field of land distribution in Indonesia has

a very important role in ensuring justice, accountability, and sustainability in land

resource management. In a transparent context, information on policies, regulations, land

tenure, and the process of transferring rights must be easily accessible to the community.

This helps reduce the potential for corruption, abuse of power, and land-related conflicts.

Transparency also provides legal certainty for stakeholders, including landowners and

investors, thus encouraging more sustainable investment and more inclusive

development. In addition, transparency allows greater public participation in land-related

decision-making so that the resulting policies reflect the needs and aspirations of the

community at large. By strengthening transparency in the field of land distribution,

Indonesia can strengthen the foundations of its rule of law and ensure that all communities

can enjoy the benefits of land resources fairly and sustainably.

The study's results found that the implementation of participatory and responsive

concepts in Bomo Village reflects efforts towards nomocracy and transparency in

resource management, including land distribution (Kumalasari, 2016).

Realising nomocracy and transparency in resource management, including land

distribution, in Indonesia is essential to strengthening legal foundations, ensuring justice,

and reducing inequality in access to land. The principle of nomocracy places the law as

the primary guide in land-related decision-making, while transparency ensures that the

decision-making process is open and accountable. By implementing these principles,

Indonesia can achieve important goals such as ensuring fairer access to land, reducing

Isnin Harianti, Bayu Dwi Anggono, Fanny tanuwijaya

Jurnal Indonesia Sosial Teknologi, Vol. 5, No. 5, May 2024 2306

land-related social conflicts, supporting sustainable development, and strengthening the

foundations of democracy and the rule of law.

A commitment to nomocracy and transparency in land distribution is also important

in ensuring that all communities enjoy the benefits of land resources fairly and

sustainably. By strengthening these principles, Indonesia can create an environment that

supports the creation of a more inclusive, just, and prosperous society while strengthening

public trust in the legal system and government.

The success of Tanah Datar District in managing regional finances transparently

reflects the transformation towards nomocracy and transparency, which is relevant to

efforts to increase transparency in land distribution.

The transformation towards nomocracy and transparency in land distribution

requires Indonesia to take strategic steps that include comprehensive land law reform,

strengthening relevant institutions, strict law enforcement against land-related violations,

and increasing accessibility and disclosure of information on land policies, regulations,

and tenure. Thus, efforts to increase transparency in land distribution are not only part of

building a fair and equitable legal system but also a crucial step in creating an

environment that supports the creation of an inclusive, stable, and sustainable society for

all Indonesian citizens.

The Pandeman Village Government in Sumenep Regency has applied the principles

of accountability and transparency in managing village funds, including in infrastructure

development and land distribution (Azizah & Andayani, 2022).

The principles of accountability and transparency play a central role in efforts to

realise nomocracy and transparency in the field of land distribution in Indonesia. By

ensuring that decision-making processes are open and accountable and providing easy

access to information related to policies, regulations and land tenure, Indonesia can build

a strong foundation for law-based and fair governance in land resource management. This

principle not only assures that the government and relevant institutions are accountable

for their actions and policies but also enables active participation of the public in decision-

making processes, which in turn supports the creation of an inclusive, transparent, and

equitable environment for all Indonesian citizens.

The concept of the rule of law in Indonesia, including aspects of nomocracy. An

understanding of this concept is relevant in the context of transparent and equitable land

distribution.

The concept of the rule of law in Indonesia places the rule of law as the main

foundation in resource management, including land distribution. In the context of

transparent and equitable land distribution, an understanding of the concept of the rule of

law is crucial. This includes ensuring that every land-related policy and action is based

on fair legal principles and applies to all individuals without exception. The nomocracy

aspect of the concept of the rule of law emphasises the importance of law-based

government, where government policies and actions must be in accordance with the

applicable rule of law. By applying these principles, Indonesia can build a more

Legal Transformation: Realizing Nomocracy and Transparency in the Field of Land

Distribution in Indonesia

Jurnal Indonesia Sosial Teknologi, Vol. 5, No. 6, Juny 2024 2307

transparent and equitable land distribution system, which in turn supports the creation of

an inclusive, stable, and sustainable society for all citizens.

The state of law of Pancasila is prismatic and needs futuristic policies for the

implementation of the state of law of Pancasila. This can support efforts to realise a more

transparent and equitable land distribution in accordance with the principle of nomocracy

(Supryadi et al.., Imawanto., Yuliani, & Aminwara, 2023).

The state of law of Pancasila, which is prismatic because it encompasses the diverse

values and principles reflected in Pancasila as the basis of the state, requires futuristic

policies for its implementation. In the context of transparent and equitable land

distribution, the implementation of the Pancasila rule of law demands progressive and

adaptive policies to changing times. By reinforcing the principle of nomocracy, which

emphasises rule based on law, futuristic policies must ensure that every land-related

decision is based on legal principles that are fair and applicable to all. These include

strengthening transparency mechanisms in land tenure, strict law enforcement against

land-related violations, and increased community participation in decision-making

processes. Thus, the implementation of the Pancasila rule of law with appropriate

futuristic policies will provide strong support in efforts to realise land distribution that is

more transparent, equitable, and in accordance with the principle of nomocracy.

Legal transformation in realising nomocracy and transparency in the field of land

distribution in Indonesia is a journey that involves various aspects, ranging from regional

financial management to the concept of the rule of law derived from Pancasila. Through

various studies, it is proven that the application of the principles of transparency,

accountability, and participatory in the management of village fund allocation and

regional finance has had a positive impact. However, there are still challenges, such as

the level of regional financial capacity that is not optimal and improvement in the quality

of administrative law and justice system that is still needed. However, with the awareness

of the importance of nomocracy and synergy between the principles of Pancasila in

creating just laws, Indonesia is in the right direction towards a more inclusive and

transparent legal transformation, which will ultimately support the realisation of a fairer

distribution of land for all communities.

Conclusion

The legal transformation that embodies nomocracy and transparency in the field of

land distribution in Indonesia is essential to strengthen legal foundations, ensure fairness,

and reduce inequality in access to land. The concept of the rule of law based on the values

of Pancasila is a strong basis for efforts to achieve this. The Indonesian rule of law must

uphold the rule of law in all aspects of life, including in the regulation and distribution of

land. Land law reform is an important step in ensuring that land-related policies are based

on the principles of justice, transparency, and protection of human rights. Thus, this

reform becomes a strong foundation for creating a just, stable, and sustainable

environment in land resource management, which supports the creation of a prosperous

and just society for all citizens.

Isnin Harianti, Bayu Dwi Anggono, Fanny tanuwijaya

Jurnal Indonesia Sosial Teknologi, Vol. 5, No. 5, May 2024 2308

The importance of transparency in the field of land distribution in Indonesia has

a very important role in ensuring justice, accountability, and sustainability in land

resource management. In a transparent context, information on policies, regulations, land

tenure, and the process of transferring rights must be easily accessible to the community.

This helps reduce the potential for corruption, abuse of power, and land-related conflicts.

Transparency also provides legal certainty for stakeholders, including landowners and

investors, thus encouraging more sustainable investment and more inclusive

development. By strengthening transparency in the field of land distribution, Indonesia

can strengthen the foundations of its rule of law and ensure that all communities can enjoy

the benefits of land resources fairly and sustainably.

Legal Transformation: Realizing Nomocracy and Transparency in the Field of Land

Distribution in Indonesia

Jurnal Indonesia Sosial Teknologi, Vol. 5, No. 6, Juny 2024 2309

Bibliography

Akmal, Diya Ul, Fitriansyah, Hanif, & Ramadhan, Fauzziyyah Azhar. (2023). Reformasi

Hukum Pertanahan: Perlindungan Hukum Hak Atas Tanah Terhadap Pengalihan

Hak Secara Melawan Hukum (Land Law Reform: Legal Protection of Land Rights

against Unlawful Transfer of Right). Negara Hukum: Membangun Hukum Untuk

Keadilan Dan Kesejahteraan, 14(2), 193–214.

Arifin, Zaenal, & Wachidah, Nikmatul. (2023). Pelaksanaan Redistribusi Tanah Eks Hak

Guna Usaha. Al-Adl: Jurnal Hukum, 15(2), 270–286. https://doi.org/10.31602/al-

adl.v15i2.10906

Azizah, Wahidatul, & Andayani, Andayani. (2022). Akuntabilitas dan Transparansi

Pengelolaan Dana Desa. Jurnal Ilmu Dan Riset Akuntansi (JIRA), 11(10).

Bakri, Riani, & Jeddawi, Murtir. (2022). Analisis Indeks Negara Hukum Indonesia.

Jurnal Pallangga Praja (JPP), 4(2), 107–115.

Chaidar, A. (2020). Nomokrasi Islam Untuk Indonesia. Aceh Anthropological Journal,

4(1), 1–34.

Febriana, A., Siddiq, Nakzim Khalid, Efendi, Saparudin, & Amalya, Vergi Rezki. (2022).

Reformasi Hukum Tanah Desa Dalam Kepungan Kapitalisme Global. Jurnal

Fundamental Justice, 35–50.

Hadi, F. (2022). Negara Hukum Dan Hak Asasi Manusia Di Indonesia. Wijaya Putra Law

Review, 1(2), 170–188. https://doi.org/10.38156/wplr.v1i2.79

Iswari, F. (2020). Aplikasi Konsep Negara Hukum Dan Demokrasi Dalam Pembentukan

Undang-Undang Di Indonesia. JCH (Jurnal Cendekia Hukum), 6(1), 127–140.

Karianga, H. (2017). Carut-Marut Pengelolaan Keuangan Daerah di Era Otonomi

Daerah. Prenada Media.

Patamatta, Jeddah Dawi, & Jumardi, Andi. (2020). Konsep Negara Hukum di Indonesia

Dalam Perspektif Piagam Madinah. Al Amin: Jurnal Kajian Ilmu Dan Budaya

Islam, 3(01), 69–81. https://doi.org/10.36670/alamin.v3i1.41

Pebrianti, Gema Midata. (2021). Pengaruh Transparansi, Akuntabilitas, Partisipasi

Masyarakat Dalam Pengelolaan Dana Desa Terhadap Pemberdayaan Masyarkat

Di Desa Sumobito (Studi Kasus Pada Desa Sumobito Kecamatan Sumobito). Stie

Pgri Dewantara Jombang.

Rais, M. Tasbir Rais. (2022). Negara Hukum Indonesia: Gagasan Dan Penerapannya.

Jurnal Hukum Unsulbar, 5(2), 11–31.

Winata, Muhammad Reza, & Sinaga, Erlina Maria Christin. (2019). Transparansi Hak

Guna Usaha Mendukung Redistribusi Lahan Berdasarkan Hak Konstitusional

Isnin Harianti, Bayu Dwi Anggono, Fanny tanuwijaya

Jurnal Indonesia Sosial Teknologi, Vol. 5, No. 5, May 2024 2310

Mendapatkan Informasi. Jurnal Rechts Vinding: Media Pembinaan Hukum

Nasional, 8(3).

Wiweko, Budi, Utama, I. Ketut Aria Pria, Anggraningrum, Ivandini T., Hasan, Noorhaidi,

& Hidayat, Syarif. (2023). Membangun bangsa cerdas: kontribusi pemikiran

ilmuwan AIPI. Yayasan Pustaka Obor Indonesia.