1. Rights of the Indonesian Nation

This right arises from the legal relationship between the Indonesian nation and the land located throughout Indonesia, and gives authority to the Indonesian nation to do something with the land. Doing something here consists of private civil authority and public authority delegated to the state. This right is the highest land control right and is also the source of other land rights. Article 1 number 1 UUPA (Law Number 5 of 1960) further defines the scope of the rights of the Indonesian nation, stating that “the entire territory of Indonesia is a unitary homeland of all Indonesian people, who are united as the Indonesian nation”.

2. State Control Rights

State control right is a right that arises from the legal relationship between the Indonesian state and the land located throughout Indonesia, and gives authority to the state to do something with the land. Doing something here is interpreted as the authority to carry out the public duties of the Indonesian nation, such as regulating and organizing the allocation of the use, provision and maintenance of land together, determining and regulating legal relations between people with shared land, as well as determining and regulating legal relations between people and legal actions regarding land.

The state's position in this right is as an organization of power of the Indonesian nation, the exercise of which is carried out by the government through the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency (ATR/BPN). The state, through the Indonesian government, has the authority to control all land in the territory of Indonesia, playing an active role in regulating and implementing the objectives of national land politics so that Indonesian land can be used for the prosperity of the people, in accordance with the written constitution in article 33 paragraph 3 of the Constitution of the Republic of Indonesia, Article 2 of the UUPA, and its implementing regulations. An example of the state's right to control is the state's authority to grant land ownership rights to Indonesian people who apply for ownership rights on state land.