Problematika Alih Fungsi Lahan Pertanian Pangan Berkelanjutan untuk Kepentingan Umum

Abstract

This study examines the legal problems arising from the conversion of Sustainable Food Agricultural Land (LP2B) for public interest purposes. The problem stems from the absence of definitive limitations on the scope of public interest as a basis for exempting LP2B conversion under Law Number 41 of 2009 on the Protection of Sustainable Food Agricultural Land, coupled with the provision in Government Regulation Number 1 of 2011 allowing reference to public interest activities under land acquisition legislation. This study employs doctrinal legal research using statutory, conceptual, and historical approaches. Primary and secondary legal materials are analyzed qualitatively through a deductive method. The results show that activities serving as a legal basis for LP2B conversion have expanded alongside developments in land acquisition law, from 14 categories to 18 following the enactment of Law Number 2 of 2012, and subsequently to 24 following the enactment of the Job Creation Law. This expansion has two legal consequences: first, increased legal uncertainty regarding the scope of public interest, resulting in inconsistent orientations among qualifying activities; and second, the potential weakening of LP2B protection due to broader opportunities for agricultural land conversion for investment-oriented activities and economic zone development.