ASPEK HUKUM PENGATURAN PENGGUNAAN HAK ATAS TANAH PADA KAWASAN INDUSTRI DAN KEPENTINGAN UMUM

Abstract

Policy on land use rights must be in accordance with national development objectives, namely to achieve a prosperous and fair society are equally material and spiritual based on Pancasila. Industry activities necessary to reform the fundamental change that is, changes in national economic policies to the people's economy; and changes in the treatment of economic actors. While the legal aspects of the land is concerned , among other things: a change or conversion of the land very quickly; uneven distribution; and lack of planning. Several theories for space agrarian reform among other Legal Norms Theory Study (Stufen Theorie) ; Legal Theory Two Faces (das Doppelte Rechtsanlitz) ; Theory of Justice that are evenly distributed ( distributive justice); and justice that are revamping or repair (corrective justice). Through agrarian reform, land policy is expected that the centralized nature can no longer be maintained . Formulation and regidation of land use rights can be concluded: first, the existence of the nation as a philosophical foundation concrete as ivell as efforts to improve and realize social justice for all Indonesian people; second, the establishment of the rule of law as an institution must meet the aspirations of the local community; third, setting the procurement and use of land rights should observe the principle of expediency, the principle of legal certainty and the principle of justice in a harmonious and balanced.