HAK ULAYAT DALAM HUKUM TANAH NASIONAL

ADONIA IVONNE LATURETTE, SH, MH (2011) HAK ULAYAT DALAM HUKUM TANAH NASIONAL. Disertasi thesis, UNIVERSITAS AIRLANGGA.

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Abstract

Development programs subsequently require extensive land to support them. The increasing needs of land affect the land tenure form. Hak Ulayat which are previously owned by the customary communities begin to be taken over by the government to sustain the development programs. They have no longer absolute authorities towards their Hak Ulayat. Although they have hak ulayat to control, manage, and utilize their lands, the government has stronger authorities than customary community in formal jurisdiction. This paper aimed to integrate the state’s power and people’s rights to land in order to create collective welfare. It is important to synergize national potentials, particularly lands, for the development. It is a fact that lands in Indonesia are controlled not only by the state and individuals but also by groups of people. The right of certain community to control land is called hak ulayat. The major problem is that hak ulayat is frequently ignored by the government when the customary lands are used for the development. The ignorance is based on the absolute right of the state’s power to control the land. Normatively, this policy may threat and destruct the existence of hak ulayat, which indicates the absolute land ownership of the customary communities. The finding of this study indicated that this condition raised deep tension between the state’s power and adat communities, particularly in utilizing the land. Therefore, it is necessary to integrate the state’s power and hak ulayat in controlling and utilizing the lands for the collective welfare. The management of national potential such as land towards the greatest benefit for the greatest number of people is stated in 1945 Constitution, article 33 and 18B. Article 18B clearly explains that the government recognised the existence of the adat people including hak ulayat, while article 33 describes that land, water and other natural resources in the national territory are controlled and utilised by the state for the greates benefit for the greatest number of people.

Item Type: Thesis (Disertasi)
Additional Information: KKB KK-2 Dis H 18/12 Lat h
Uncontrolled Keywords: State’s Power, Hak Ulayat to Land, the Greatest Benefit for the Greatest Number of People
Subjects: H Social Sciences > HD Industries. Land use. Labor > HD101-1395.5 Land use Land tenure
K Law
K Law > K Law (General) > K1-7720 Law in general. Comparative and uniform law. Jurisprudence > K(520)-5582 Comparative law. International uniform law > K3154-3370 Constitutional law
Divisions: 09. Sekolah Pasca Sarjana > Ilmu Hukum
Creators:
CreatorsEmail
ADONIA IVONNE LATURETTE, SH, MHUNSPECIFIED
Contributors:
ContributionNameEmail
ContributorHj.Sri Hayati, Prof.Dr.,SH,MS.UNSPECIFIED
Depositing User: Tn Joko Iskandar
Date Deposited: 18 Oct 2016 04:37
Last Modified: 18 Oct 2016 04:39
URI: http://repository.unair.ac.id/id/eprint/32513
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