In the discussion of the history of the Agrarian Law of Indonesia there are two important phases to consider, namely the phase prior to September 1960, and the phase after that date.In the phase prior to September 1960 the Agrarian Law of Indonesia consists of the parts of Western Civil Law, Customary Law of indigenous people of Indonesia, Law of Inter-Group and the law after the proclamation is the influence of Constitutional Law.From all the above is the most important Indonesian Agrarian Law is premised on the Dutch colonial era is Article 51 IS 1870, also known as the Dutch language Agrarische Wet. As implementation is a revelation than Agrarische Wet Domein (Domein Verklaring) which states that:"All the land that others can not prove, that it is the land eigendomnya domains or owned by the State."So, Domein statement has very important functions as:• a basis for the government in order to provide land to the rights of the West, such as the right eigendom, erfpacht rights, rights opstal and so forth.
STATE AND THE CONSTITUTION
STATE (STATE-STAAT)
Talking about issues of constitutional law that is discussed two variables, what is it legal? And what is meant by the constitution? Both are closely related to matters of state and therefore to understand the legal sense must be understood first constitution of the state itself.
The state is an organization of a group or several groups of people who jointly inhabit a territory (territory) by admitting certain adanaya a government which administers the discipline and safety of a group or several groups of people in the wilayahnya.Organisasi countries within a region is not only one organization, there are other organizations (religious, political party, civic and other organizations each have a personality that is detached from affairs of state). Less precise when the country is said to be an organized society. Is appropriate when it is said among the organizations above, the state is a major organization within a region because it has government authorities and in many cases able to intervene in other organizations.
There are several key elements or elements that make up the sense of the state, among others:
Langganan:
Postingan (Atom)