| Summary: | Normative research on the social function of land rights as stipulated in Article 6 of the
Basic Agrarian Law, is alleged to have occurred a number of irregularities on the principle of social function of land rights against a background of economic development, social and cultural and technological advances so that the impact of increased demand vast amounts of land. For example, for housing, plantations, factories, offices, facilities, roads and so forth. The need is certainly not proportional to the quantity of the limited amount of land. Hence, the frequent deviations to gain control over land rights. In the end, control and ownership of land shows a gap
in society. A group of faction gain control and ownership of land is excessive and exceeds the limit, while on the other side of people, who are generally small, controlled and owned land in limited quantity or not at all.
This is a juridical-normative research by using a descriptive-analytical method that
emphasis on the study of literature in order to obtain secondary data. In addition, also conducted interview to support and complement the secondary data obtained through the research literature and conducted a search through the data.
The results showed that the deviations and contradictions that occur as a result of the
principle has not been actualized in an optimal social function of land rights. With an
understanding of the philosophy of the principle of social function, we then can know the aspects that can affect social functioning in realizing the principle of land rights, so the principle of social function is not only a normative rule of Article 6 of the Basic Agrarian Law. National land law reform, particularly the revision of the Basic Agrarian Law include providing affirmation and development of the scope of interests and social interaction patterns covered by each principle in the Basic Agrarian Law, including the principle of social function of the land.
|
|---|