The Right Of Ownership By The State In The Acceleration Of Public Infrastructure Development (A Philosophical Study of Land Ownership Rights by the State in the Convergence of Justice and Legal Certainty)

Abstract

Article 33 paragraph (2) and (3) of the 1945 Constitution explains that the Right to Control is the only material right that is explicitly granted by the Constitution to the Indonesian state. In this case the order as mandated by the 1945 Constitution contains a state of action, the will to be in accordance with its purpose. The problem is whether the state has gone through the contusion and laws and regulations that have regulated the implementation of these orders as guidelines in making policies so that they can achieve their goals. In this regard, even though the state has the right to control land, there are right of the people whose land is affected by public infrastructure development projects, namely in the form of compensation. For this reason, this study examines in depth philosophical analysis regarding land right by the state in terms of providing public infrastructure in terms of the principles of justice and principle of legal certainty