IDEAS home Printed from https://ideas.repec.org/a/bjz/ajisjr/2400.html
   My bibliography  Save this article

Legal Arrangements and Implementation of State Ownership Rights Over Land in Indonesian Constitution

Author

Listed:
  • Winahyu Erwiningsih

Abstract

The lack of clarity and firmness in Indonesian Basic Agrarian Law (BAL) in explaining the meaning and substance of state ownership rights to land based on the nation's view of life and its implementation based on the concept of a rule of law based on the principle of people's sovereignty is a fundamental and urgent matter. This study used a normative research method of the explanatory-analytical type with a normative, comparative and historical juridical approach, while the data analysis was carried out qualitatively. The results of this study include: first, the original state tenure rights over land imply the demands of community rights and obligations regarding the use of land rights for the welfare of the people. Second, the implementation of the meaning and substance of state tenure rights over land has not been fully reflected in statutory regulations so that state administrators (executives) experience difficulties in carrying out these functions of authority. Third, the weak implementation of regulations is caused by the lack of political will in power to carry out agrarian politics consequently characterized by a single interpretation of state tenure rights over land based on the regime's political interests.

Suggested Citation

  • Winahyu Erwiningsih, 2023. "Legal Arrangements and Implementation of State Ownership Rights Over Land in Indonesian Constitution," Academic Journal of Interdisciplinary Studies, Richtmann Publishing Ltd, vol. 12, May.
    • Handle: RePEc:bjz:ajisjr:2400
    DOI: https://doi.org/10.36941/ajis-2023-0067
    as

    Download full text from publisher

    File URL: https://www.richtmann.org/journal/index.php/ajis/article/view/13308
    Download Restriction: no
    File URL: https://www.richtmann.org/journal/index.php/ajis/article/view/13308/12897
    Download Restriction: no
    File URL: https://libkey.io/https://doi.org/10.36941/ajis-2023-0067?utm_source=ideas
    LibKey link: if access is restricted and if your library uses this service, LibKey will redirect you to where you can use your library subscription to access this item
    ---><---

    References listed on IDEAS

    as
    1. Ahmad Syafi’i Sulaiman Jamrozi & Ratno Lukito, 2019. "The Logic of State Authority on the Control of Agrarian Resource (Socio-Anthropological and Islamic Perspective)," American Journal of Social Sciences and Humanities, Online Science Publishing, vol. 4(4), pages 516-527.
    Full references (including those not matched with items on IDEAS)

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.
    1. Asmawi Hashim & Norimah Rambeli & Norasibah Abdul Jalil & Normala Zulkifli & Emilda Hashim & Noor Al-Huda Abdul Karim, 2019. "Does Export Led Growth Hypothesis Hold Under World Crisis Recovery Regime in Malaysia?," Research in World Economy, Research in World Economy, Sciedu Press, vol. 10(5), pages 9-19, December.

    More about this item

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:bjz:ajisjr:2400. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If CitEc recognized a bibliographic reference but did not link an item in RePEc to it, you can help with this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Richtmann Publishing Ltd (email available below). General contact details of provider: https://www.richtmann.org/journal/index.php/ajis .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.