Jurnal IUS (Kajian Hukum dan Keadilan)
Vol 1, No 1 (2013): DIALEKTIKA KEPASTIAN HUKUM DAN KEADILAN

RIGHT ON PECATU DESA LAND BASED ON THE PRINCIPLE OF THE STATE’S RIGHT TO CONTROL IN THE DIALECTICS OF JUSTICE AND LEGAL CERTAINTY

Husni, Anang (Unknown)

Article Info

Publish Date
20 Apr 2013

Abstract

The right of possession by state is public domain, as for right of ulayat is collective domain whichis permanently referring to private domain. Therefore, to put Pecatu land as part of districtgovernment’s property is illegal because district government is not an adat community; this toa norm of Indonesian constitution 1945 as referred to in article 33 (3) and article 18B (2).The criterion or the barometer of justice as stipulated in such articles is “…….shall be made usefor the greatest people” should be given priority rather than legal certainty toward the right ofPecatu land.Keywords: The Right of Possession by State, Justice, Legal Certainty, Pecatu Land

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Journal Info
Jurnal IUS (Kajian Hukum dan Keadilan)
Website

Abbrev

IUS

Publisher

Universitas Mataram

Subject

Law, Crime, Criminology & Criminal Justice

Description

Jurnal IUS established December 2012, is an institution that focuses on journal development for post graduate students and all law activists in general and specialised topics. Journal IUS publishes three times a year and articles are based on research with specific themes. Jurnal IUS was founded ...