Legal Justice Discourse on Land Rights in the Indonesian Constitution

Abstract

As the Constitution observes, the purpose of the establishment of the Indonesian state is to achieve dignity and justice. One form of this justice is land rights. Until now, the land law is still a complicated discussion and often raises the pros and cons. This article aims to examine how the concept of land ownership in Indonesia is based on the state constitution. The method used in this research is normative-juridical law research with a descriptive-analytical approach. Under the Constitution, the state is not the owner but the land use and ownership regulator. The state’s function is to regulate the allocation and use of land as regulated in the Basic Agrarian Law (BAL). Thus, the law must be able to minimize the negative excesses of the development of land conflicts by creating the legal norms needed to protect people who may be harmed. The law must be able to control business transactions and economic development without having to leave the function of law to provide a sense of security and justice.

DPD Performance Implementation in The Supervision Function Based on The Dignity of Justice

“…Various problems in the implementation of decentralization and regional autonomy encourage more active and pro-active implementation and realization of authority and its role. distortion, so that central policy messages are often not well responded to by local governments; and regional aspirations in various fields of development have not been proportionally and effectively accommodated by the central government (Widiyono, 2022).…”

Legal Arrangements and Implementation of State Ownership Rights Over Land in Indonesian Constitution

“…These include the ability to manage and oversee the allocation, utilization, distribution and upkeep of land, water and space. Additionally, states are empowered to determine and regulate the legal connections between individuals and land, water and space, as well as legal proceedings revolving around the same (Widiyono, 2022). Understanding that lower regulations must have a source or basis on higher regulations; legislation is a source of legal order; and laws and regulations to guarantee that order in an orderly system is applied in the regulation of state control rights over land in Indonesia.…”