ACCESS REFORM DALAM KERANGKA REFORMA AGRARIA UNTUK MEWUJUDKAN KESEJAHTERAAN RAKYAT

MUHAMMAD ILHAM ARISAPUTRA, 031217017309 (2015) ACCESS REFORM DALAM KERANGKA REFORMA AGRARIA UNTUK MEWUJUDKAN KESEJAHTERAAN RAKYAT. Disertasi thesis, UNIVERSITAS AIRLANGGA.

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Abstract

Between land and humans have a relationship that cannot be separated, they are social, emotional, and spiritual relationships then be a basic of communalistic religious principle in UUPA. In the perspective of religion philosophy, land has a fundamental relation with human contained in the bible of each religion so it’s enough to show that agrarian law is communalistic religious and the central of land and natural resources located on piety of mankind issue to always be on the religion way. In the customary law perspective, the close relationship between people and land is a law relationship and as a religious relationship known as land rights. Than in environmental law approach used egocentrism, anthropocentrism, and egocentrism approaches that show a close relationship between human and land were soil is a containers of all the natural resources that exist in this world that can support human’s life. Every regulation that born in order of agrarian reform and management of natural resources should be based on Pancasila and UUD NRI 1945. In order to create a agrarian reform that paradigm of Pancasila, so loading the principle in of the nation as its meaning in UUPA into UD NRI 1945 need to done. To complete the land reform and access reform program, implemented regulation reform through unification law or synchronizing and harmonizing legislation. To strengthen the implementation of agrarian reform in Indonesia, the transformation of natural resources management are needed to implement the beginning of the process of transformation of foreign companies who dominate the natural resources in Indonesia. Agrarian reform implemented through four models, namely (a) the determination of the object of agrarian reform; (b) Determination of the subject of agrarian reform; (c) The mechanism of agrarian reform and delivery system; and (d) Access reform. Land tenure and exploitation of agrarian reform to public objects can be organized through three alternative sub-models, they are mastery of individual, mastery is shared, and mastery through enterprise or cooperative. The development of the concept of Farmers Bank and Land Bank need to be optimized to support the reform program access. Land bank is directed to collect soil and distribute the land to the beneficiaries, while the Farmers Bank is directed to provide capital assistance. Agrarian resource rights are fundamental rights that need to be done institutionalization of agrarian resources rights. UUD NRI 1945 should contain about the right of citizens to manage land and natural resources of national significance that reflected in the Nation Rights as stipulated in the UUPA. Regulation reform in the field of agrarian is a strategic necessity and urgent in terms of agrarian reform in order to complement and support the land reform and access reform program should be done consistently and consequently because of concerns the source of life and the continuity of life in the future.

Item Type: Thesis (Disertasi)
Additional Information: KKB KK-2 Dis H. 12-15 Ari a
Uncontrolled Keywords: Access Reform, Agrarian Reform, People Welfare.
Subjects: H Social Sciences > HD Industries. Land use. Labor > HD101-1395.5 Land use Land tenure
K Law > K Law (General) > K1-7720 Law in general. Comparative and uniform law. Jurisprudence > K(520)-5582 Comparative law. International uniform law > K1700-1973 Social legislation > K1960-1973 Public welfare. Public assistance
Divisions: 03. Fakultas Hukum > Dasar Ilmu Hukum
Creators:
CreatorsEmail
MUHAMMAD ILHAM ARISAPUTRA, 031217017309UNSPECIFIED
Contributors:
ContributionNameEmail
ContributorEMAN, Prof. Dr., SH., MSUNSPECIFIED
ContributorUrip Santoso, Dr., SH., MHUNSPECIFIED
Depositing User: Tn Joko Iskandar
Date Deposited: 12 Oct 2016 00:57
Last Modified: 12 Oct 2016 00:57
URI: http://repository.unair.ac.id/id/eprint/32537
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