Diverging Paradigms in Agrarian Law: A Comparative Study of State Ownership, Land Classification, Foreigners’ Land Rights, Lease Transferability, and the Land-Building Relationship in Indonesia and Russia

Abstract

Agrarian law serves as a primary instrument for managing a nation’s territory. This study comparatively examines the agrarian legal frameworks of Indonesia and the Russian Federation. Employing a normative legal method with a comparative statutory approach, the research analyzes Indonesia’s Basic Agrarian Law (UUPA No. 5 of 1960) and the Russian Land Code No. 136-FZ (2001). The analysis encompasses five key aspects: state control versus state ownership, land categorization systems, foreign land rights, leasehold transferability, and the legal relationship between land and buildings. The findings reveal distinct paradigmatic differences rooted in their respective legal traditions. Indonesia’s agrarian system is characterized by the state’s right of control, the social function of land rights, and the horizontal separation principle. This system prohibits foreign nationals from holding absolute ownership rights and does not explicitly regulate leasehold transferability. Conversely, Russia implements a hierarchical state ownership concept, employs a seven-tier land categorization system, permits conditional foreign land acquisition, and recognizes transferable leasehold rights. The study concludes that Indonesia’s framework is structured upon functional flexibility and restrictions on foreign land rights, whereas Russia’s framework is based on land categorization, regulated permitted uses, and property rights transferability.