Jurnal Hukum IUS QUIA IUSTUM
Vol 16, Edisi Khusus 2009

Pelaksanaan Pengaturan Hak Menguasai Negara atas Tanah Menurut UUD 1945

Winahyu Erwiningsih (Universitas Islam Indonesia)



Article Info

Publish Date
13 Jun 2016

Abstract

This research was based on how the implementation of regulation of state’s authority rights over land according to UUD 1945. Promovenda thought that one of urgently and crucial issue was not properly cleared and strictness of UUPA to explain the definition means and substance of state’s authority rights over land that might caused misinterpretation. This research was using normative method with explanatory-analytical type. Researcher was using juridical-normative, comparative and historical approach. Qualitative method was used in data analysis. The research generated few results. First, state’s authority rights over land is an implementation of people’s rights based on right and responsibilityequality of Indonesian people which have an original characteristic that sub stain to achieve nation welfare. Second, the implementation of the State’s authority rights is not entirely showed in law regulations so the state has obstacles to execute their authority. Third, the State has no political will to executed the agrarian politic consequently recognized by doing a single interpretation of state’s authority rights over land based on the political regime interests.Key word: State’s authority rights, land

Copyrights © 2009






Journal Info

Abbrev

IUSTUM

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Ius Quia Iustum Law Journal is a peer-reviewed legal journal that provides a forum for scientific papers on legal studies. This journal publishes original research papers relating to several aspects of legal research. The Legal Journal of Ius Quia Iustum beginning in 2018 will be published three ...