Karya Ilmiah

DISERTASI (0070) - Kedudukan Badan Pertanahan Nasional (BPN) Di Era Otonomi Daerah

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-The authority of provincial and municipal/city government in the land matters
has shift due to the changes of regulation related to local government. At the time of
Law Number 22 year 1999, the provincial and municipal /city government was
authorized to deal with land matters and it was implemented by Departement of Land
Matters, therefore such condition cause conflict of authority between the Land
Bureau and Department of Land under local government institution. Nevertheless,
such authority giver has been changes with promulgation of Law Number 32 year
2004. In this event the shifties of authority has occur from distribution of authority
based on decentralization to basic services in the land matters. On the other side,
there is overlapping the land matter in terms of earth, space, and natural resources
within it due to sectoral regulation in the land matters, forest, mineral and coal, oil
and natural gas, geothermal, water resources, plantation, coastal marine, all the
sectoral regulations utter to agencies institution that related to.
As for the the of legal certainty, justice and achievement of legal ideas,
therefore harmonization on the land, water, space and other natural resources
stewardship is required. It is includes matters of ownership, use and stewardship of
land, water, space, and other natural resources through institution arrangements that
related to such stewardship as one unity system of agrarian law for the need
community in which those system able to bring fairness and actualize mandate from
Indonesian Constitutions for the greatest prosperity of the people,something that
author called as Agrarian Institution that is authorized to do arrangement,
development, and supervision of the land, water, space, and other natural resources
stewardship. Hence, from structural perspective such institutional unification will
coordinate and be under national land agency and other institution that deal with land,
water, space, and other natural resources stewardships. Furthermore, through placing
agrarian matters in Agrarian Institution, it can apply principle of centralization and
decentralization by continuum, in this matters the division of government matters
that is concurrent made based on criteria of externality, accountability, and efficiency.
This consideration based on the view that decentralization as a principle that
universally accepted, regarding that not all government matters can be done by
centralization system

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Ketersediaan

090710394

0070

Ruang Disertasi

Tersedia

Informasi Detail

Judul Seri

-

No. Panggil

0070

Penerbit

Surabaya : Fakultas Hukum Unair.,

Deskripsi Fisik

-

Bahasa

Indonesia

ISBN/ISSN

-

Klasifikasi

NONE

Tipe Isi

-

Tipe Media

-

Tipe Pembawa

-

Edisi

-

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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