Karya Ilmiah

DISERTASI (0109) - Access Reform Dalam Rangka Kerangka Reforma Agraria Untuk Mewujudkan Kesejahteraan Rakyat

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Between land and humans have a relationship that cannot be separated,
they are social, emotional, and spiritual relationships then be a basic of
communalistic religious principle in UUPA. In the perspective of religion
philosophy, land has a fundamental relation with human contained in the bible of
each religion so it’s enough to show that agrarian law is communalistic religious
and the central of land and natural resources located on piety of mankind issue to
always be on the religion way. In the customary law perspective, the close
relationship between people and land is a law relationship and as a religious
relationship known as land rights. Than in environmental law approach used
egocentrism, anthropocentrism, and egocentrism approaches that show a close
relationship between human and land were soil is a containers of all the natural
resources that exist in this world that can support human’s life.
Every regulation that born in order of agrarian reform and management
of natural resources should be based on Pancasila and UUD NRI 1945. In order
to create a agrarian reform that paradigm of Pancasila, so loading the principle
in of the nation as its meaning in UUPA into UD NRI 1945 need to done. To
complete the land reform and access reform program, implemented regulation
reform through unification law or synchronizing and harmonizing legislation. To
strengthen the implementation of agrarian reform in Indonesia, the
transformation of natural resources management are needed to implement the
beginning of the process of transformation of foreign companies who dominate
the natural resources in Indonesia. Agrarian reform implemented through four models, namely (a) the
determination of the object of agrarian reform; (b) Determination of the subject of
agrarian reform; (c) The mechanism of agrarian reform and delivery system; and
(d) Access reform. Land tenure and exploitation of agrarian reform to public
objects can be organized through three alternative sub-models, they are mastery
of individual, mastery is shared, and mastery through enterprise or cooperative. The development of the concept of Farmers Bank and Land Bank need to be
optimized to support the reform program access. Land bank is directed to collect
soil and distribute the land to the beneficiaries, while the Farmers Bank is
directed to provide capital assistance. Agrarian resource rights are fundamental
rights that need to be done institutionalization of agrarian resources rights. UUD
NRI 1945 should contain about the right of citizens to manage land and natural
resources of national significance that reflected in the Nation Rights as stipulated
in the UUPA. Regulation reform in the field of agrarian is a strategic necessity
and urgent in terms of agrarian reform in order to complement and support the
land reform and access reform program should be done consistently and
consequently because of concerns the source of life and the continuity of life in the
future. Key word: Access

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Ketersediaan

031217017309

0109

Ruang Disertasi

Tersedia

Informasi Detail

Judul Seri

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No. Panggil

0109

Penerbit

Surabaya : Fakultas Hukum Unair., 2015

Deskripsi Fisik

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Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

NONE

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

HUKUM AGRARIA

Info Detail Spesifik

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Pernyataan Tanggungjawab

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Versi lain/terkait

Lampiran Berkas

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