Land Authority Control by the State as a Basic Principal of an Authority and Land Ownership in Indonesia

DOI

10.2991/978-2-38476-204-0_10How to use a DOI?

Keywords

Controlling power; the state; Tenure and Land Ownership

Abstract

The controlling power by the State on land as a source of state authority to provide the disposition control, ownership, allotment, and the land utilization in Indonesia is limited by Indonesian constitution, UUD 1945. Besides UUD 1945, there is another substantive restriction in which regulations created by the state should be relevant to the purpose achieved for the greater citizenry prosperity. Therefore, refraction rule that involves self-interest conflict and could cause other detriment is a form of law’s violation. The state authority to make arrangements related to its authority cannot be delegated to the private sector since it involves public welfare which is loaded with a service mission and will possibly create self-interest conflict. This research is a juridical normative approach using conceptual and legislative framework. The research question in this research is what state’s formulations are in obtaining authority power to control land in Indonesia. The result shows that the state control the land as a result of the authority granted by the Constitution as the transference of the public’s right that gives some of their freedom right voluntarily to be regulated by the State

Copyright

© 2023 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Mohammad Muhibbin
AU  - Ahmad Bastomi
PY  - 2024
DA  - 2024/02/23
TI  - Land Authority Control by the State as a Basic Principal of an Authority and Land Ownership in Indonesia
BT  - Proceedings of the 2nd International Conference on Multidisciplinary Sciences for Humanity in Society 5.0 Era (ICOMSH 2022)
PB  - Atlantis Press
SP  - 103
EP  - 117
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-204-0_10
DO  - 10.2991/978-2-38476-204-0_10
ID  - Muhibbin2024
ER  -