Published July 10, 2023 | Version v1
Journal article Open

Legal Concept of Land Tenure Rights by the State for Society Benefit: Juridical Study of the UUPA

  • 1. Sam Ratulangi University, Manado, Indonesia

Description

It aims to know the concept of law on land rights according to the UUPA and land tenure rights and to know the form of implementation of the control of land rights by the state according to the UUPA. The research results show that land tenure over coastal reclamation can only be exercised for the development of land or land areas with an appropriate compensation agreement that does not harm the first owner of the area to be expanded utilizing reclamation, with the permission of the regional government and the agreement of the community at that place in return losses that should be. The area reclaimed is an area that does not harm the community that does not have profitable potential. A policy is taken to utilize the area to expand the development area, taking into account the nature of the land in the area, and it can be controlled by individuals, the government, and anyone who can manage. Suppose the stockpiling or reclamation is carried out on land owned by indigenous peoples. In that case, there has been an agreement between the local indigenous peoples and customary authorities and an appropriate compensation agreement. The implementation of mastery of land rights and agrarian reform must be balanced with political-economic policy choices. State control over land and its land reform will only be successful with being complemented by policies of protection, incentives, and subsidies to build a just and prosperous society as we aspire.

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