The Concept Of Domein Verklaring And Nature Of State Control Over Land In The Land Bank Concept.

Abstract

The concept of controlling land by the state in the Dutch era in the Verklaring domain was to give western rights and make it easier for the Dutch colonial government to take people's land. The amount of fixed land and the need for physical development are increasing in line with the increase in population, causing social problems that cannot be avoided. Social problems occur because of conflicting needs for the government, which requires land for infrastructure construction, and the people who remain adamant in their authority over the land they own. People usually do not give up the land they own for the development of public purposes because the price set by the government is very minimal. The purpose of this study is to know how the concept of domein verklaring of the Dutch colonial government in Agrarische Wet (AW) 1870 and the nature of the state's right to control the land bank in the Job Creation Act. In this study, the researcher uses the type of doctrinal legal research. They used statutory, conceptual, comparative, and primary legal materials in the form of related laws and regulations. Furthermore, other legal regulations are related to secondary legal materials. The concept of domein verklaring concerning state land tenure differs from state control over land in the Land Bank. The Land Bank, the holder of management rights, is given the authority to prepare master plans, help provide ease of business licensing/approvals, carry out land acquisition, and determine service rates.