PERKEMBANGAN PILIHAN KEPENTINGAN, NILAI SOSIAL DAN ASAS HUKUM DALAM HUKUM PERTANAHAN

• Main Author: Nurhasan Ismail
• Format: Article
• Language: English
• Published: Universitas Gadjah Mada 2015-02-01
• Series: Mimbar Hukum
• Subjects: kepentingan; nilai sosial; kelompok sosial
• Online Access: http://mimbar.hukum.ugm.ac.id/index.php/jmh/article/view/17
• ISSN: 0852-100X; 2443-0994

<em>The choice of interest and social values in land law underwent a shift from that found in the Old Order regime to that found in the New Order regime. The choice of interest during the period of Old Order emphasized the distribution of land directly to the most people through land reform programs, while during the period of New Order up to present the emphasis is on the granting of land to people with capability to develop business activities and to increase the productivity of land use. Land law of Old Order emphasized the traditional social values which is particularistic, ascribed, and collective, while land law of the period of New Order until now emphasizes modern social values which is universalistic, performance-based, and individualistic. The shift in the choice of interest and social values implicated social groups benefited by the choice. Land law of Old Order period developed provisions that emphasize corrective justice or positive discrimination which is more advantageous for majority group that is weaker economically, while land law provisions during the New Order period up to present emphasize distributive justice that are more advantageous for groups which are strong economically.</em>