The Reorientation Of The Legal Policy On The State’s Right To Control Land In The Perspective Of The Welfare State In Indonesia

Abstract

Land has a strategic position in social, economic and legal life; therefore, its regulation cannot be separated from the dynamics of the interests of society, the state and the market. Law Number 5 of 1960 concerning Basic Agrarian Principles affirms that land has a dual function as both a capital asset and a social asset, thus its management must consider aspects of social justice and public welfare. Within the constitutional framework, Article 33 paragraph (3) of the 1945 Constitution stipulates that land, water and natural resources are controlled by the state and utilized for the greatest prosperity of the people. The concept of the state’s right to control land constitutes a public authority derived from the sovereignty of the people to regulate, manage and supervise land utilization. However, in practice, the exercise of this authority often results in agrarian conflicts, unequal land ownership and the marginalization of communities, indicating a discrepancy between normative objectives and the implementation of land policies. This condition is closely related to the legal policy orientation influencing the formation and enforcement of land law. From the perspective of the welfare state, the state bears the responsibility to ensure the fair and equitable distribution of agrarian resources. Therefore, a reorientation of the legal policy on the state’s right to control land is necessary to align its implementation with constitutional objectives, namely achieving agrarian justice, public welfare and sustainable general prosperity.