Legal Review of Regional Government Authority in Land Disputes Based on the Principle of Justice

Abstract

Giving value to the land occupied by a certain community of people incorrectly will result in conflict between the people themselves (horizontal conflict), or between the people who hold the rights and the authorities (vertical conflict), so that in turn the foundations of the community's life will be damaged. This especially happens on land in rural areas, which is of course different from land use in urban areas. For example, land in rural areas is used for social and economic life. Social life, such as having a family, going to school, worship, recreation, and sports are carried out in the village; while economic activities such as farming, gardening, animal husbandry, and cutting wood in the forest are executed outside the village. However, on the other hand, in urban areas, because land value is economically advantageous, land use is conducted as efficiently and effectively as possible, therefore, mixing of uses can occur. The population growth in urban areas in the last decade has been increasing. Apart from the migration flow of people from outside the city into urban areas, there is also a process of urbanization which especially affects suburban areas (fringe areas). The Preamble to the 1945 Constitution contains Pancasila (State of Belief in God), basic principles of human rights, justice ( Rule of Law), people's sovereignty (Democratic State), as well as the duties and obligations of the Government (all state institutions) to create a Welfare State which includes protecting Indonesia's bloodshed. This type of research is Normative research. The approaches used are a statutory approach and a conceptual approach. The data source used is secondary data. Data analysis was carried out descriptively qualitatively. Concluding is conducted by using a deductive method, namely concluding from general to specific, especially those related to the research topic, namely Legal Review of Regional Government Authority in Land Disputes Based on the Principle of Shared Justice. the basic values it describes. This elaboration can be carried out creatively and dynamically in new forms to embody the same spirit and within the limits permitted by these basic values. This explanation clearly must not conflict with basic values. The basic values in question are values taken from Pancasila. Law is a tool for creating justice. Justice in the law is justice that is desired for all people who live within the framework of the law itself