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Sahnan -
Faculty of Law Mataram University
Law, Crime, Criminology & Criminal Justice

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Pembangunan Pariwisata Dan Implikasinya Pada Pola Penguasaan Tanah Dalam Masyarakat Di Kawasan Bisnis Pariwisata Sahnan -
Jatiswara Vol 26 No 2 (2011): Jatiswara
Publisher : Fakultas Hukum Universitas Mataram

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Abstract

Many states in the world begin to develop the tourism business, because in this sector is not susceptible on economic fluctuation. The development of tourism business is seductive enough, because it can increase the state devise such as Indonesia, the devise income in the tourism sector is number 2 after petroleum (oil and natural gas). However in empirical level, the implementation of development in tourism sector is still not running such as expected. It is seen that in the development of tourism sector not to be equilibrated with the empowerment of society so that, it cause the society become empathic. And also the applied regulations are still overlapping, complicated bureaucracy, and still not serious the investors to implement the effort in tourism sectors. The development of tourism that is conducted by government exactly more orientate to increase the economic growth and more support the capital owners than society interest. Actually, the society has owned the land hereditarily long time ago according to the customary law, but they are not recognized by government as the legal owner, because the ownership is not based on written evidence such as land certificate. And also several rights of land that have ever issued by government is declared not legal during the existence of rights annoy the tourism development implementation.
Perlindungan Hukum Pemilikan Hak Atas Tanah Bagi Warga Masyarakat Rowok di Kawasan Bisnis Pariwisata Selong Belanak, Kabupaten Lombok Tengah Sahnan -; Zainal Asikin; L. Wira Pria Suhartana
Jatiswara Vol 30 No 3 (2015): Jatiswara
Publisher : Fakultas Hukum Universitas Mataram

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Research result shown that: (1) the arrangement of legal protection and tribute on people’s rights to manage land resources has stated on in Article 18B of Institutional Law (UUD) 1945 (as a constitutional right), Article 28 I of UUD 1945 and Law number 19 of 1999 (considered as one of human rights). In the elucidation of Article 22 UUPA (Law of the land) has beed clarified that to own land ownership right could be throught land occupation, this way is feasible according to adat law where National land law based on adat law (according to Article 5 UUPA). (2) the implementation of legal protection toward ownership holders in Rowok case is still away from expectation, this could be seen from the way the government and security officer treated land owner such as committed an eviction, tumbled-down their house and some people who insist to stay on their land were arrested by security officer under allegation of law for entering people’s property without permission whereas they occupied the land previously as a place to stay and place to live.
Co-Authors L. Wira Pria Suhartana Zainal Asikin