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√ Understanding of Agrarian Law and Principles of Agrarian Law (Complete)

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Definition of Agrarian Law and Principles of Agrarian Law (Complete) - This time About Knowledge will discuss the law. The law that we will discuss here is agrarian law, have you ever heard of it? If you are still unfamiliar, see the description below.

Definition of Agrarian Law and Principles of Agrarian Law (Complete)

Let's discuss it in full starting from its meaning first.

Understanding of Agrarian Law

Before discussing broadly about agrarian law and the principles of agrarian law, there are several definitions of agrarian itself. The term agrarian comes from the Greek meaning ager means field or land. Meanwhile, according to KBBI (Big Indonesian Dictionary) agrarian is closely related to agricultural affairs or agricultural land and also land ownership matters. Then this agrarian affairs is regulated by Law no. 5 of 1960 concerning basic regulations on agrarian principles which have two types of agrarian meaning, including:

  1. The definition of agrarian in Article 1 paragraph (2) of the UUPA includes earth, water and space: the earth includes the surface of the earth, the body of the earth beneath it, and what is under the water. Water includes inland waters and the territorial sea of ​​Indonesia. outer space is the space above the earth and water.
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  2. We can find a narrow understanding of agrarianism in article 4 paragraph (1) of the BAL, namely land.

Understanding Agrarian According to Experts

Narrowly, agrarian is a land law that only regulates agricultural matters, or only concerns the surface of the land and the crust of the earth. Then broadly, agrarian is all the rules of law, both written and unwritten, that govern earth issues, water within certain limits and outer space along with the natural wealth contained within the earth. Then the following are some legal experts who express their opinions regarding agrarian law, namely:

1. Mr. Boedi Harsono

Revealed that agrarian law is a rule of law that regulates earth and water within certain limits also outer space and the natural resources contained in the earth, both in written form and not written.

2. Drs. E. Utrecht SH

According to him, agrarian law is said to be a special law enabling administrative officials tasked with dealing with agrarian issues to carry out their duties.

3. Bachsan Mustafa SH

Agrarian law is a set of rules governing how government officials carry out their duties in the agrarian sector.

4. Subekti

Agrarian law is the entire legal provisions, both civil law and administrative law state as well as state administrative law that regulates the relations between persons and entities law.

5. Sudargo Gautama

Agrarian law provides more flexibility to include in it various matters that have a relationship as well, but not only related to land.

6. Lemaire

Reveal agrarian law which contains parts of private law in addition to parts of constitutional law and state administration.

7. S.J Fockema Andreae

Stating that the whole of agrarian law is about business and agricultural land, spread over various fields of law (civil law and government law) presented as a unit for study purposes certain.

8. Budi Harson

Agrarian law is the whole of the legal provisions, some are written and some are not written, all objects the same arrangements, namely regarding tenure rights over land as legal institutions and as legal relations concrete.

Understanding of Agrarian Law and Principles of Agrarian Law

Principles of Agrarian Law

The following are some of the principles of agrarian law that apply in Indonesia, including:

  1. The principle of nationalism
    The principle of nationalism states that only Indonesian citizens have property rights over land and relations between earth and outer space without distinguishing between men and women, whether native citizens or descendants.
  2. The principle is controlled by the State
    The principle of being controlled by the State states that the land, water and airspace along with the natural resources contained therein are controlled by the state.
  3. The principle of saneer customary law
    The principle of disaneer customary law states that customary law which is clean from negative aspects can be used as agrarian law.
  4. The principle of social function
    The principle of this social function states that the use of land must not conflict with moral and religious norms as well as other people's rights and the public interest.
  5. The principle of nationality or (democracy)
    The national principle states that every citizen has the right to own land.
  6. The principle of non-discrimination (without distinction)
    The principle of non-discrimination is the principle underlying agrarian law.
  7. The principle of mutual cooperation
    The principle of gotong royong states that all joint efforts are based on common interests in order to realize national interests in the form of mutual cooperation.
  8. The principle of unification
    The principle of unification is an agrarian law unified into one law that applies to all Indonesian citizens.
  9. The principle of horizontal separation (horizontale scheidings beginsel)
    The principle of horizontal separation states that there is a separation of ownership rights between the land owner and the objects and buildings on it.

Thus our discussion of Definition of Agrarian Law and Principles of Agrarian Law (Complete) according to law and agrarian experts. And also about the principles related to agrarian law. Hopefully the above article can be useful for all of us. thank you 🙂

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