Proceedings of the International Conference on Law, Economics and Health (ICLEH 2020)

Ownership Limitation to the Land Rights Based on the Social Justice in Accordance to the Renewal of National Agrarian Rights Act

Authors
Widyarini Indriasti Wardani
Corresponding Author
Widyarini Indriasti Wardani
Available Online 20 May 2020.
DOI
10.2991/aebmr.k.200513.087How to use a DOI?
Keywords
ownership limitation, land rights, social justice, customs
Abstract

The limitation to the ownership of land rights in Indonesia is regulated by article 7 and 17 of Land Rights Act, and specifically the agriculture field is regulated by Act No. 56 of 1960 juncto Regulation of Agriculture Minister Number 18 of 2016 concerning Control of Mastery Agricultural Land and Presidential Regulation No. 86 of 2018 on Agrarian Reform, the regulation governs the granting of land of 5 (five) hectares to the subjects of land recipients who do not differentiate between the farming community and the non-farming community. The limitation to the ownership of land rights stands as a reflection of fifth precept of Pancasila which is Social Justice for All the People of Indonesia, though it has not been optimally implemented yet. Justice is not merely about providing something worth given to someone, it also means an exclamation and faith to the existence of moral responsibility to fulfilll the public living space with solidarity and dignity. The responsibility to sustain social justice does not only belong to the state, but also to economic agents and people in general. The state in this context acts as a facilitator, regulator, and even the mediator which intervenes when it is necessary thus the access to the ownership, usage, and the utilization of land and natural resources for people, specifically farmers and farm workers, can be more open and well-provided.

Copyright
© 2020, the Authors. Published by Atlantis Press.
Open Access
This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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Volume Title
Proceedings of the International Conference on Law, Economics and Health (ICLEH 2020)
Series
Advances in Economics, Business and Management Research
Publication Date
20 May 2020
ISBN
10.2991/aebmr.k.200513.087
ISSN
2352-5428
DOI
10.2991/aebmr.k.200513.087How to use a DOI?
Copyright
© 2020, the Authors. Published by Atlantis Press.
Open Access
This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

Cite this article

TY  - CONF
AU  - Widyarini Indriasti Wardani
PY  - 2020
DA  - 2020/05/20
TI  - Ownership Limitation to the Land Rights Based on the Social Justice in Accordance to the Renewal of National Agrarian Rights Act
BT  - Proceedings of the International Conference on Law, Economics and Health (ICLEH 2020)
PB  - Atlantis Press
SP  - 442
EP  - 449
SN  - 2352-5428
UR  - https://doi.org/10.2991/aebmr.k.200513.087
DO  - 10.2991/aebmr.k.200513.087
ID  - Wardani2020
ER  -