Status Hukum Tanah Pascabencana (Studi Kasus Banjir di Sumatera Barat, Sumatera Utara dan Aceh)

Abstract

The flash floods and landslides that struck the provinces of West Sumatra, North Sumatra, and Aceh at the end of 2025 not only caused significant humanitarian and economic impacts but also raised serious issues in the field of land law. The loss of physical land boundaries, land being buried under mud, and the destruction of land objects due to natural events have the potential to erase the legal relationship between the landholders and their land, opening up opportunities for disputes and illegal land appropriation. This study aims to analyze the legal status of land after floods in the affected areas and to formulate legal solutions that can provide protection and legal certainty for the impacted communities. The research method used is normative legal research with an approach based on legislation and a conceptual approach. The study results indicate that land experiencing permanent changes in form due to disasters can be classified as destroyed land and newly formed land, which implies the termination of land rights and the transfer of such land to state control. To address this condition, the study offers a legal solution through post-disaster agrarian reform, which includes asset arrangement through re-legalization or land redistribution, as well as access arrangement through funding support for disaster victims. This approach is expected to restore citizens' land control, prevent land conflicts, and achieve justice and legal certainty after disasters.

Keywords: Land Destruction, Land Emergence, Agrarian Reform