Vol. 6, Issue 5 (2020)
The principle of social function in ownershipland rights in Indonesia
Author(s): Tri Prastyo Wahyu Santoso, Lego Karjoko, Hari Purwadi
Abstract: This study aims to examine the form of social function of ownership of land rights based on Article 6 of the Basic Agrarian Law and the legal consequences if land ownership / control is not utilized according to the principle of social function based on the Basic Agrarian Law. The research method used in this research uses the normative juridical method, through the statute approach (statute approach) and the case approach (case approach). Based on the research results, it is known that theoretically, the principle of social function of land rights contains recognition of individual interests, social interests and public interests in land. The principle of social function of land rights also gives rights to owners of rights to exercise ownership of land within the boundaries determined by law, taking into account the interests of the community and the state. Ownership of land is not only a right but more than that of a social function. This condition raises the consequences of rights and obligations of land rights holders in utilizing the land, as stated in Article 6 of the Basic Agrarian Law and General Explanation II Number 4 Paragraph 4 of the Basic Agrarian Law. The consequences of neglecting Article 6 of the Basic Agrarian Law by land owners / owners are threatened with sanctions in the form of loss of rights / relinquishment of land rights (rechtsverwerking) as stated in Article 27 Letter a number (2) of the Basic Agrarian Law, Article 34 letter e of the Basic Agrarian Law, and Article 40 letter e of the Basic Agrarian Law.