The Development of Land Law Politics That Meet The Constitution, Justice and Welfare

摘要

In order to realize one of the objectives of the Indonesian State Government, namely to realize public welfare, the government needs to develop the potential of natural resources in Indonesia. This is in line with the mandate of Article 33 paragraph (3) of the 1945 Constitution of the Republic of Indonesia, which states that "the earth, water and natural resources contained therein are controlled by the state and are used for the greatest prosperity of the people".One of the natural resources possessed by the Indonesian people is the agrarian sector. Which is the very important and potential sector to be developed in the agrarian sector is plantations. The plantation business also proved to be quite resilient and withstood the storm of recession and the monetary crisis that hit the Indonesian economy. Plantation has an important and strategic role in national development so that it needs to be organized, managed, protected and utilized in a planned, opened, integrated, professional and responsible manner to improve the economy of the people, nation and state. To achieve this goal, a legal basis or legal protection is needed for plantations in Indonesia.This research was conducted to formulate how the Politics of Land Law should be built so as to fulfill the constitution, justice and prosperity of the people through the method of normative legal studies. The research was conducted with several approaches including statute approach, conceptual approach and comparative approachThe results of the study state that in order for the Land Law Politics to fulfill the constitution, prosperity and justice must be responsive. This means that in the making process of legal product must involve the community, through social groups (both NGOs, customary law communities and individuals in the community). Judging from its function, the law that has responsive character is aspirational that means it contains material that is generally in accordance with the aspirations or wishes of the people it serves, so that legal products can be viewed as a crystallization of the will of the people.