The Role of The ATR/BPN Office in the Implementation of the Prohibition on Absentee Land Ownership (A Study in Mentaya Hilir Selatan Sub-District, Kotawaringin Timur Regency)

Abstract

This study examines the implementation of the prohibition on absentee agricultural land ownership and the role of the Land Office (ATR/BPN) in Mentaya Hilir Selatan Sub-District, East Kotawaringin Regency, Central Kalimantan. Anchored in Article 10 of Law No. 5 of 1960 on the Basic Agrarian Law (UUPA), this prohibition is central to Indonesia's land-reform policy, yet faces persistent juridical and non-juridical obstacles. The research addresses two key questions: how the prohibition is implemented along with the challenges faced, and what measures the Land Office has taken to address them.Using an empirical legal (socio-legal) method combined with normative-juridical and statutory approaches, primary data were gathered through purposive-sampling interviews with the Head of the Land Office, three village heads, a land deed official (PPAT), and nine community members, analyzed descriptively. Results show ineffective implementation: operational mechanisms are limited to domicile verification at application and a rights-transfer statement when absentee land is identified, lacking post-registration monitoring.This ineffectiveness stems from outdated regulations and limited post-registration tracking (juridical), alongside weak inter-institutional coordination, minimal field supervision, low legal awareness, and entrenched kinship values tolerating cross-domicile control (non-juridical). Applying Soerjono Soekanto’s legal effectiveness theory, all five factors—law, enforcers, facilities, community, and culture—are simultaneously weak. John Rawls’ theory of justice further reveals a gap between formal administrative compliance and substantive fairness in land access.Resolving these issues requires regulatory evaluation and harmonization, alongside strengthened inter-institutional coordination, continuous data monitoring, and expanded, targeted public awareness campaigns. Integrating these legal and non-legal strategies can enhance implementation effectiveness, ensure legal certainty, and fulfill national land-reform goals of equitable agricultural land distribution.