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Original Research

RECONSTRUCTION OF LAW ENFORCEMENT AND USE OF ABANDONED LAND IN INDONESIA

LIZA MAYANTI FAMALDIANA 1, GATOT DH WIBOWO 2, M. ARBA 3, and WIDODO DWI PUTRO 4.

Vol 19, No 07 ( 2024 )   |  DOI: 10.5281/zenodo.12800368   |   Author Affiliation: Doctoral Study Program, Faculty of Law, Mataram University, Indonesia 1,2,3,4.   |   Licensing: CC 4.0   |   Pg no: 406-415   |   Published on: 20-07-2024

Abstract

The aim of this research is to find out the model Reconstruction of Law Enforcement, Control and Utilization of Abandoned Land in Indonesia. This type of research is normative legal research, namely research that examines positive legal norms and legal principles that apply in Indonesia, especially in various laws and regulations regarding the Control and Utilization of Abandoned Land. The approaches used are: Philosophical Approach, Conceptual Approach, Legislative Approach, case approach, and comparative approach. The theories used are the theory of the Rule of Law, Theory of Justice, Theory of Legal Protection, Theory of Legal Certainty, and Theory of Hierarchy of Legislative Regulations. The research results show that it is the obligation of the State through the government to control and regulate the control, ownership, use and utilization of land for the greatest prosperity of the people. The form of implementation of control and use of abandoned land in Indonesia is not in accordance with the mandate of Article 33 (3) of the 1945 Constitution and UUPA, this is because there are procedures for controlling abandoned land which are in conflict with Law Number 30/2004 in addition to the absence of conflict mapping resulting from land use. Neglected for a long time and not up to the mark. Therefore, a reconstructed model of law enforcement for controlling and utilizing abandoned land is needed, in the form of: a publicity principle model in controlling abandoned land, a win-win solution model in controlling abandoned land, a model for revoking certificates of land rights based on the determination of abandoned land and mapping conflicts over abandoned land so that its utilization can be right on target.


Keywords

Reconstruction; Law Enforcement; Abandoned Land.