Definition and Principle of Agrarian Law...UUPA Art. 33 Par. 33 of The 1945 Constitution is the...

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Definition and Principle of Agrarian Law Bagus Oktafian Abrianto

Transcript of Definition and Principle of Agrarian Law...UUPA Art. 33 Par. 33 of The 1945 Constitution is the...

Page 1: Definition and Principle of Agrarian Law...UUPA Art. 33 Par. 33 of The 1945 Constitution is the basis of the National Agrarian Law Politics. The politics of agrarian law answers the

Definition and

Principle of

Agrarian LawBagus Oktafian Abrianto

Page 2: Definition and Principle of Agrarian Law...UUPA Art. 33 Par. 33 of The 1945 Constitution is the basis of the National Agrarian Law Politics. The politics of agrarian law answers the

Lecturing Subject

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Definition and Principle of Agrarian Law

Agrarian Law before UUPA

Land Law after the Enactment of UUPA

National Land Law Principle

Page 3: Definition and Principle of Agrarian Law...UUPA Art. 33 Par. 33 of The 1945 Constitution is the basis of the National Agrarian Law Politics. The politics of agrarian law answers the

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Adat Law Function to Develop of National Land

Law

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Tenure Right over Land based on National Land

Law

Land Rights (HM, HGU, HGB, HP, HSUB)

Temporary Land Right and HPL

Page 4: Definition and Principle of Agrarian Law...UUPA Art. 33 Par. 33 of The 1945 Constitution is the basis of the National Agrarian Law Politics. The politics of agrarian law answers the

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Landreform

Land Use

Land Registration

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Page 5: Definition and Principle of Agrarian Law...UUPA Art. 33 Par. 33 of The 1945 Constitution is the basis of the National Agrarian Law Politics. The politics of agrarian law answers the

Definition of Agrarian law

Page 6: Definition and Principle of Agrarian Law...UUPA Art. 33 Par. 33 of The 1945 Constitution is the basis of the National Agrarian Law Politics. The politics of agrarian law answers the

DEFINITION!!

Relating to land or to division or distribution of land; land ownership, Agrarian Law (problem,

disputes)““

Black’s Law

Dictionary

Page 7: Definition and Principle of Agrarian Law...UUPA Art. 33 Par. 33 of The 1945 Constitution is the basis of the National Agrarian Law Politics. The politics of agrarian law answers the

The Origin of The Word “Agraria”

Latin

AGER

Greece.

AGROS

Holland.

AKKER

All of that’s means Agricultural Land.

So….

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Page 8: Definition and Principle of Agrarian Law...UUPA Art. 33 Par. 33 of The 1945 Constitution is the basis of the National Agrarian Law Politics. The politics of agrarian law answers the

Subekti’s Opinion

The definition of

agrarian is all matters

concerning land,

including what is on it

This definition is

similar to the

definition of Real

Estate

Real Estate is land

and everything that is

permanently attached

to the land.

In UUPA the

definition of Agrarian

includes the earth,

water and space as

well as the natural

wealth contained

therein.

Page 9: Definition and Principle of Agrarian Law...UUPA Art. 33 Par. 33 of The 1945 Constitution is the basis of the National Agrarian Law Politics. The politics of agrarian law answers the

Boedi

Harsono

Agrarian law is a group of various fields

of law, each of which regulates tenure

rights over certain natural resources.

Ipinion

Page 10: Definition and Principle of Agrarian Law...UUPA Art. 33 Par. 33 of The 1945 Constitution is the basis of the National Agrarian Law Politics. The politics of agrarian law answers the

DEFINITIONOF AGRARIAN LAW

A set of laws governing tenure rights and or use of agrarian resources which include the earth, water

and natural resources contained therein, and also within the prescribed limits also including space“ “

Page 11: Definition and Principle of Agrarian Law...UUPA Art. 33 Par. 33 of The 1945 Constitution is the basis of the National Agrarian Law Politics. The politics of agrarian law answers the

Scope of Agrarian Law

Land Water Mining Fishery Power and

Space

Land Law governing

tenure rights over land.

Water Law which

regulates ownership

rights over water

Mining Law which

regulates the rights of

control over mining

materials intended by

the Law on Mining

Principles.

law that regulates

control of power and

space

Fisheries Law

governing tenure

rights over natural

resources contained in

water

Page 12: Definition and Principle of Agrarian Law...UUPA Art. 33 Par. 33 of The 1945 Constitution is the basis of the National Agrarian Law Politics. The politics of agrarian law answers the

Is agrarian law the same as land law?

Land Law

The Land Law regulates tenure

rights over land.

The Land Law is the sameas the agrarian law in thenarrow sense

Agrarian Law

Page 13: Definition and Principle of Agrarian Law...UUPA Art. 33 Par. 33 of The 1945 Constitution is the basis of the National Agrarian Law Politics. The politics of agrarian law answers the

Agrarian Law Examination

Keyword : Authority

Keyword : Individual right

Keyword : Law Enforcement and Criminal Sanction

Administrative Law Aspect of Agrarian Law

Civil Law Aspect of Agrarian Law

Criminal Law Aspect of Agrarian Law

Page 14: Definition and Principle of Agrarian Law...UUPA Art. 33 Par. 33 of The 1945 Constitution is the basis of the National Agrarian Law Politics. The politics of agrarian law answers the

Position of Agrarian Law in the Field of Indonesian Law

A B

C

Legal position of agrarian law in

administrative law

Utrecht

Before to the enactment of UUPA

he was argued that agrarian law

was in the Adminisrative Law. After

the enactment of UUPA he argued

that agrarian law is in its own legal

system.

Boedi Harsono

Before the UUPA, he argued that

agrarian law was contained in civil

law. After the enactment of the

UUPA, he argued that the Agrarian

Law is in its own legal system.

Notonagoro

Page 15: Definition and Principle of Agrarian Law...UUPA Art. 33 Par. 33 of The 1945 Constitution is the basis of the National Agrarian Law Politics. The politics of agrarian law answers the

Legal Politics of National Agrarian Law.

Art. 33 Par. 3 of the 1945

Constitution

The desired goal is the

prosperity of all the

people

one of the means used

to achieve prosperity is

UUPA

Art. 33 Par. 33 of The

1945 Constitution is the

basis of the National

Agrarian Law Politics.

The politics of agrarian

law answers the

question: from this

earth, water and natural

wealth is there the

purpose of what is to

be achieved and what

means are used

Page 16: Definition and Principle of Agrarian Law...UUPA Art. 33 Par. 33 of The 1945 Constitution is the basis of the National Agrarian Law Politics. The politics of agrarian law answers the

2 (TWO) KINDS OF PRINCIPLES IN LAND LAW

Attachment

Principle

(Accessie)

Horizontal Separation

Principle (Horizontal

Scheiding)

Page 17: Definition and Principle of Agrarian Law...UUPA Art. 33 Par. 33 of The 1945 Constitution is the basis of the National Agrarian Law Politics. The politics of agrarian law answers the