Search Repository Universitas Islam Jakarta

Amendment to the 1945 Constitution in 2002 explicitly regulates the acquisition of land rights and everything related to land and is explained in the derivative laws and regulations. The basic philosophy in this arrangement is based on several legal theories, including the theory of justice, property theory and the theory in which the state is the ruler over the land, water and natural resources in it. In this concept, the state is not the owner but the regulator. The status of land rights is an important object in this research. Therefore, the problem in this research is how to obtain land rights for the Indonesian people. The method used in this research is normative legal research, which is a study that examines legal norms related to research problems and then concludes what should be done. The results showed that the authority that comes from the states right to control as regulated in the constitution must be used to achieve the greatest prosperity of the people in the sense of nationality, welfare and independence in society and an independent, sovereign, just and prosperous Indonesian legal state, and not only for certain groups.