Implementation of the Justice Principles in Control and Utilization of Land Rights (Study in Mandalika Kuta Special Economic Zone)

Opan Satria Mandala, Zubaidi Zubaidi

Abstract


This study aims to find out and analyze the recognition and legal protection of community rights to land in the Mandalika Special Economic Zone, to see the application of the principle of justice in the use of land rights in special mandalika economic zones and find out what factors influence the application of the principle of justice on land for people in the Mandalika Special Economic Zone. This research qualifies as empirical legal research. In this study the approaches used are: Case Approach, Conceptual Approach and Statute Approach. The results of the study indicate that First : Recognition and legal protection of community rights to land in the Mandalika Special Economic Zone is by issuing a legal instrument in the form of PP No. 52 of 2014 concerning Mandalika Special Economic Zones and No. Pepres. 58 of 2017 Acceleration of the Implementation of the National Strategy Project. Second: The application of the principle of justice in the utilization of land rights in the special economic zone of the mandalika is not optimal, there are still many people who cannot use the area to carry out activities such as opening a culinary business, lodging and trading. The government prioritizes large investors and this is very contradictory to the constitution, especially Article 33 paragraph 3, which emphasizes the maximum prosperity of the people, not certain groups, who have deep pockets because of our natural resources. Third: Factors that influence the application of the principle of justice in the control of land rights for the community in the Mandalika Special Economic Zone are factors in the certainty of land rights, government arrogance factors, inheritance factors, Speculative Factors. Suggestions are addressed to the Central Lombok National Land Agency and to the community.


Keywords


Principles Justice; Mastery; Natural Resource

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References


Books

Arba, 2017, Law of Agraria Indonesia, Radiography, Jakarta.

Satjipto Rahardjo, 2010, Dissecting Law on Progressive, Kompas Publishers, Jakarta.

Soerjono Soekanto, 2007, Factors Affecting Law Enforcement, Rajawali Pers, Jakarta.

Urip Santoso, 2005, Agrarian Law and Land Rights, First Book, Kencana, Jakarta.

Romli Atmasasmita, 2001, Law Reform, Human Rights & Law Enforcement. Mandar Maju, Bandung.

Supriadi, 2007, Agrarian Law, Sinar Grafika, Jakarta.

Legislation

Constitution of the Republic of Indonesia

Law Number 5 of 1960 concerning Agrarian Principles, State Gazette of the Republic of Indonesia of 1960 Number 104 Additional State Gazette of the Republic of Indonesia Number 2043;




DOI: http://dx.doi.org/10.18415/ijmmu.v6i3.833

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