Allotment Settings and Individual Land Right Linked to Land Act Viewed from Consistency Principles
Journal Title: Academic Research International - Year 2014, Vol 5, Issue 2
Abstract
Article 2 paragraph (2) letter (a) of Land Act, among others, states that the State has the authority to regulate land use in the entire territory of the Republic of Indonesia, Article 2 paragraph (2) letter (b) of Land Act declares that the State has authority to regulate legal relations between people with existing land around the Homeland, by providing Land Right for the person / legal entity referred to in Article 16 paragraph (1) Land Act. From the Land Act provisions, it can be seen that, the designation and administration of Land Right are set separately. Associated with it, two important formulation of the problem can be designed, namely: 1) How are the designation and individual Land Right governed by Land Act? 2) How is individual Land Right regulated by Land Act when viewed from the principle of consistency? This study uses statutory, concepts, and analytical approach, with the legal material in the form of Land Act, books and dictionaries. Conclusions obtained: a) Land Act authorizes the State to regulate the allotment of land publically, based on Land Act, the State also authorizes to offer Land Right individually to the subject of rights (privately concerned), b) the offer of Land Right and Right of user set forth in Land Act has fulfilled the principle of consistency because it only regulates individual Land Right , while granting the Leasehold and Buildings Rights do not meet the principles of consistency, because in addition to providing individual Land Right it also regulates land use.
Authors and Affiliations
I Nyoman Puspadma
Keywords
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