THE ESSENCE OF THE STATE'S RIGHT TO CONTROL LAND FOR PEOPLE'S PROSPERITY ACCORDING TO ARTICLE 33 OF THE 1945 CONSTITUTION

Resumen

This research aims to explain the essence, basis of policy and the occurrence of deviations from the state's right to control land to realize people's prosperity according to Article 33 of the 1945 Constitution, the basis of policy and the influence of deviations. This type of research uses normative empirical juridical legal research methods that use library data or primary, secondary and tertiary legal materials which focus on studying the state's right to control land for the prosperity of the people. The research results show that: 1) The essence of the state's right to control land to realize people's prosperity needs to be expressed more operationally, the greatest meaning of people's prosperity from a legal perspective is the existence of legal guarantees for the people's socio-economic rights, so that the people are entitled to be eligible as citizens as explained in Article 33 of the 1945 Constitution; then 2) The policy basis for the Right to Control the State is described in various regulations and policies which contain the authority to regulate, manage and control. There are still deficiencies in the provisions containing regulatory authority as outlined in the UUPA and other land regulations; and 3) The causes of deviations from the State's Right to Control, which are oriented towards pursuing economic growth targets (economic growth development) by ignoring other dimensions, such as deviations in human behavior regarding both legal substance and quantity of social control, the status of land whose ownership is unclear, earth, water and natural resources controlled by a few individuals or private parties where control and ownership will be achieved thereby deviating from the livelihoods of many people. Recommendations are expected: 1) To realize the essence of the state's right to control land, land owners do not transfer the function of their land to anyone else, instead the government must intervene in the implementation of land as mandated by the State, Pancasila and the 1945 Constitution;  2) there is a need for a complete understanding of the aim of realizing the constitutional design of the Republic of Indonesia which is the basis for the design of a dual system of government (modern administration and cultural history). 3) To avoid irregularities, land regulations must be resource-based, there should no longer be any overlap in land laws between one regulation and another.