REKONSTRUKSI HUKUM PEMANFAATAN TANAH NEGARA OLEH RAKYAT SEBAGAI PERWUJUDAN NEGARA KESEJAHTERAAN YANG BERBASIS NILAI KEADILAN

ROSDIANA, ROSDIANA (2020) REKONSTRUKSI HUKUM PEMANFAATAN TANAH NEGARA OLEH RAKYAT SEBAGAI PERWUJUDAN NEGARA KESEJAHTERAAN YANG BERBASIS NILAI KEADILAN. Doctoral thesis, Universitas Islam Sultan Agung Semarang.

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Abstract

Utilization of state land still causes problems due to injustice. Poor people use land illegally for shelter and living needs. On the other side there is land that is abandoned. The ATR Ministry/BPN said the indicated land was neglected from 2010-2019, as many as 4,042 plots covering 2,927,809 ha, in Kendari City covering 40 ha. The need for land for investment and development in the public interest also creates conflicts between the government, investors and the people. The community has a weak position and feels injustice. The purpose of this study is to describe in order to know, understand, explain and analyze the legal arrangements, injustice, and legal reconstruction of the use of state land by the people in Indonesia as an embodiment of a welfare state based on the value of justice. This research uses the post-positivism paradigm. The method used is a normative juridical approach, with research specifications that are descriptive analysis. The data used are primary data and secondary data, which are then analyzed qualitatively. Theories used to analyze in this study are : (1) Grand Theory, namely Theory of Rule of Law and Theory of Welfare State, (2) Middle Theory, namely Theory of People’s Sovereignty and Theory of Legal Protection, and (3) Applied Theory, namely Legal System Theory and Justice Theory. The results of the study show that: (1) the legal arrangement for the use of state land by the people is based on the UUPA, based on Article 33 paragraph (3) of the 1945 Constitution of the Republic of Indonesia. The legal basis for granting state land, among others PP 24/1997, Permenag/Head of BPN 3/1999, Govern- ment Regulation of the Agrarian State/Head of BPN 9/1999, Civil Code, Keppres 26/1988, and Decree of the Head of BPN 1/1989. The use of state land by the people must pay attention to social functions; (2) injustice in the use of state land by the people in the country of Indonesia, can be seen from several aspects, namely : (a) in terms of legal substance : (i) dredging-oriented policy; (ii) there is no definition of compensation in Law 2/2012; (iii) physical damages, (iv) statu- tory inconsistencies; (v) land valuation is not market based; (vi) provisions of the compensation agreement; (vii) consignment is contrary to deliberations (viii) over lapping regulations; (ix) implementing regulations for the UUPA were partially realized; (b) in terms of legal structure : (i) the position of the people is weak; (ii) many unrelated parties; (iii) implementing is inconsistent; (iv) appraisers are formed by the government; and (c) in terms of legal culture : (i) the use of repres- sive measures; and (ii) non-functioning deliberations; (3) legal reconstruction of the use of state land by the people as an embodiment of a welfare state based on the value of justice, from : (a) in terms of legal substance : (i) land value near market prices; (ii) physical and non-physical losses; (iii) revision of land legislation; and (iv) simplification of rights; (b) in terms of legal structure : (i) an independent Appraisal Institution and (ii) the establishment of an ad hoc agrarian justice institution; and (c) in terms of legal culture : (i) legal awareness for the government and the people, and (ii) maintaining the principle of agreement. Keywords : Justice, Prosperity, People, State Land

Item Type:	Thesis (Doctoral)
Subjects:	K Law > K Law (General)
Divisions:	Fakultas Hukum Pascasarjana > Program Doktor Ilmu Hukum
Depositing User:	Pustakawan 5 UNISSULA
Date Deposited:	07 Apr 2021 02:38
Last Modified:	07 Apr 2021 02:38
URI:	http://repository.unissula.ac.id/id/eprint/18581

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