Definition and Principle of Agrarian Law...UUPA Art. 33 Par. 33 of The 1945 Constitution is the...
Transcript of Definition and Principle of Agrarian Law...UUPA Art. 33 Par. 33 of The 1945 Constitution is the...
Definition and
Principle of
Agrarian LawBagus Oktafian Abrianto
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
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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
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Landreform
Land Use
Land Registration
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Definition of Agrarian law
DEFINITION!!
Relating to land or to division or distribution of land; land ownership, Agrarian Law (problem,
disputes)““
Black’s Law
Dictionary
The Origin of The Word “Agraria”
Latin
AGER
Greece.
AGROS
Holland.
AKKER
All of that’s means Agricultural Land.
So….
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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.
Boedi
Harsono
Agrarian law is a group of various fields
of law, each of which regulates tenure
rights over certain natural resources.
Ipinion
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“ “
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
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
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
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
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
2 (TWO) KINDS OF PRINCIPLES IN LAND LAW
Attachment
Principle
(Accessie)
Horizontal Separation
Principle (Horizontal
Scheiding)