The Agricultural Land Conversion Control as a Policy for the Welfare of the People

摘要

Landowners in principle have the authority to use their land for various functions to meet their needs and welfare. On the other hand, the state has the authority to control the use of land. Agricultural land included in the area of sustainable food-crop agricultural land is prohibited from being converted into other purposes. This paper aims to explain the agricultural land conversion control as a policy for the welfare of the people. This paper uses primary and secondary legal materials as the main data obtained through normative legal research which is strengthened by primary data obtained through empirical legal research. The results show that the agricultural land conversion control is a policy to realize the welfare of the people. This is because this policy is intended to protect the interests of many people, namely for the existence of independence, security and national food sovereignty. However, at the implementation level, this policy can only become a policy for the welfare of the people if its implementation does not neglect and does not harm the interests of landowners whose land is prohibited from being converted. People's welfare can be realized if there is a balance between fulfilling the interests of the community and protecting the interests of individuals (landowners). Several legal theories were found both from aspects of state authority and aspects of the use of property rights which can be the philosophical basis of the policy. As a welfare state, the state must be able to realize public welfare and individual welfare. The use of property rights must pay attention to the interests of many people. In order to realize this, it is suggested that there be parameters for limiting the use of state authority in controlling the conversion of agricultural land so that the interests of individual landowners are not disadvantaged.