THE RIGHT TO CONTROL THE STATE IN THE POLITICAL CONFIGURATION OF AGRARIAN LAW IN INDONESIA
This study analyzes the differences between the concept of social justice formulated by the Indonesian Independence Preparatory Business Investigation Agency (Badan Penyelidik Usaha Persiapan Kemerdekaan Indonesia/BPUPKI) and the concept of justice adopted by adherents of liberal democracy theory. The results showed that the framers of the 1945 Constitution (UUD 1945) saw social justice as a tool to create prosperity and general welfare for all Indonesian people. However, the implementation of the concept is often hindered by the dominant political factors in national agrarian law, which distance the political objectives of agrarian law from the spirit of Article 33, paragraph (3) of the 1945 Constitution. To overcome this, it is recommended that the establishment of national economic and social welfare laws be a priority, as well as review and reconstruct the basic meaning of the right to control the state over land by referring to the decisions of the Constitutional Court. In addition, the revision of Law Number 24 of 2003 concerning the Constitutional Court also needs to be carried out so that the Constitutional Court can strengthen judicial law politics in forming national law.
Social Justice, Implementation of Agrarian Law, Constitutional Court.