Vol. 6, Issue 3 (2020)
Reconstruction of law enforcement of state land possessed by community based on value of justice: Study in the directorate general of water resources of Indonesia
Author(s): Sugiyanto, Teguh Prasetyo, Amin Purnawan
Abstract: In resolving cases of control of state land by the community, which in this case occurs within the Directorate General of Water Resources in Indonesia, needs an effort to reconstruct the rule of law in resolving the land tenure cases that could reflect dignified justice. Based on the background provided above, the author conduct a research in which the author formulates several problems discussed in this article to What are the obstacles faced in law enforcement against the control of state land by the public based on Law Number 17 Year 2019 concerning Water Resources in environment of the Directorate General of Water Resources and what an ideal reconstruction. The study was done using the constructivism paradigm and the type of research is a qualitative study with a socio-legal approach. Research shows that the constraints faced in law enforcement against the control of state land by the community based on Law Number 17 of 2019 concerning Water Resources within the Directorate General of Water Resources are derived from the provisions in Act Number 17 of 2019 That not mention the granting of utilization of permits land authorized by the water manager (Directorate General of Water Resources) by the community, but only permits for the use of water resources, so that the ideal Reconstruction in the implementation of law enforcement against the control of state land by a society based on values of justice that is dignified within the Directorate General of Water Resources, i.e. (i) regulates the provision of permits for the utilization of land resources by provincial and district / city governments in Law Number 17 of 2019, and (ii) stipulates the assessment provisions by the Appraiser only as a guideline in the deliberations to determine the compensation value.