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VOL. 11, ISSUE 11 (2025)
Decentralization of land management and the challenges to the constitutionality of regional agrarian policy
Authors
Johamran Pransisto, Aksah Kasim, Andi Heridah
Abstract
This analyze connection between
decentralization management land and challenges to constitutionality policy
agrarian area in context system Indonesian law. With use method juridical
normative, study This find that decentralization land post-reformation presents
dilemma between Spirit autonomy region and supremacy constitution.
Implementation Constitution Number 23 of 2014 has not been fully in line with
the principle of Article 33 paragraph (3) of the 1945 Constitution concerning
state control over source Power nature, because often happen overlapping
overlap authority between government central and regional policies areas in
the field agrarian often cause conflict normative and potential
unconstitutionality consequence orientation an economy that ignores justice
social and rights public custom. Research results confirm importance
harmonization vertical between policy area and law national, improvement
capacity institutional area, as well as confirmation role Court Constitution as
guard integrity law agrarian national. Decentralization management effective
and constitutional land only can realized through reconstruction law agrarian
areas rooted in values justice social, solidarity national, and the principles
of the rule of law.
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Pages:12-16
How to cite this article:
Johamran Pransisto, Aksah Kasim, Andi Heridah "Decentralization of land management and the challenges to the constitutionality of regional agrarian policy". International Journal of Law, Vol 11, Issue 11, 2025, Pages 12-16
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