KEWENANGAN NEGARA DALAM PENCABUTAN HAK ATAS TANAH DEMI PEMBANGUNAN KEPENTINGAN UMUM

Aldila, M. Hendra and Herawan , Sauni and Emelia , Kontesa (2016) KEWENANGAN NEGARA DALAM PENCABUTAN HAK ATAS TANAH DEMI PEMBANGUNAN KEPENTINGAN UMUM. Bengkoelen Justice, 2 (1). pp. 418-437. ISSN 2088-3412

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Abstract

The study, entitled "The Authority of State in the Revocation of Land Ownership Right due to the Development of Public Interest" aimed to find out what kind of authority applied by the State in order to have the legitimacy or the force of law wich can make the revocation of right on land owned by the people due to the development of public interest. The method used in this study is a normatively legal research, i.e. by doing literature study. The discussion was based on documents and regulations and other references relating to the Agrarian Law issues mainly relating to the Revocations of Land Ownership Rights. The problem approach in his research was done statute approach. Which combined primary data, secondary and tertiary ones with qualitative analysis and systematic thinking. The result of the this study are that the authority applied by the State comprises the attribution of authority from the 1945 Constitution, and the authority of delegations given from an organ of government to other under the rules or regulations, and authority of mandate that occurs hierarchically between supervisors and subordinates. The conclusion of this study is that the State has full authority in regulating land ownership right in Indonesia, and the people have an obligation to concern thepublic interest above personal interest. As for suggestions, the State should revise the system of laws and regulations that are applied in the case of land ownership rights arrangements, so as not to harm the people and the development will still run well.

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