Cahyaning Putri Kinasih

Analysis of the Application of the Principle of Social Function of Land Rights and the Legal Position of Property Rights in a Social Context (CASE STUDY OF DECISION NUMBER 1273/PDT.G/2023/PN TNG)

Introduction

Analysis of the application of the principle of social function of land rights and the legal position of property rights in a social context (case study of decision number 1273/pdt.g/2023/pn tng). Analyzes social function of land rights and property in Indonesian agrarian law via a court case. Explores individual vs. social interests and urban development for land justice.

Abstract

The principle of the social function of land rights is a fundamental concept in Indonesian agrarian Law, as stipulated in Article 6 of the Basic Agrarian Law (UUPA). This study aims to analyze the implementation of this principle in judicial decisions, specifically Decision Number 1273/PDT.G/2023/PN TNG, and its implications for the legal status of Land Ownership Certificates (SHM). Using a normative-juridical approach and case study method, this article examines the conflict between individual interests of SHM holders and the broader social interests of the community. It also evaluates the extent of legal protection afforded to landowners amidst rapid urban development. The analysis reveals that the application of the social function principle often encounters practical obstacles, such as low legal awareness and weak enforcement of agrarian norms. The study highlights the need for regulatory reinforcement and improved public legal literacy to ensure social justice in land utilization.

Review

This paper addresses a highly pertinent and complex issue within Indonesian agrarian law: the practical application of the social function principle of land rights, as enshrined in Article 6 of the Basic Agrarian Law (UUPA). By focusing on a specific judicial decision (Decision Number 1273/PDT.G/2023/PN TNG) and employing a normative-juridical approach with a case study methodology, the research aims to provide a grounded analysis of the conflict between individual land ownership certificates (SHM) and broader community interests. The investigation into the legal protection afforded to landowners amidst rapid urban development adds a crucial contemporary dimension, making the study particularly relevant to ongoing debates about property rights and social justice. The abstract suggests the study will offer valuable insights by revealing practical obstacles to the principle's application, such as low legal awareness and weak enforcement of agrarian norms. This diagnostic approach, identifying specific impediments rather than merely stating the existence of a conflict, is a significant strength. The emphasis on the need for regulatory reinforcement and improved public legal literacy indicates that the paper will not only analyze the problem but also propose concrete, actionable recommendations. This makes the study promising for both academic discourse and policy formulation, aiming to ensure social justice in land utilization. While the abstract provides a compelling overview, the full paper would benefit from a more detailed exposition of the specific legal arguments and factual context of Decision Number 1273/PDT.G/2023/PN TNG. A deeper dive into how the court grappled with the interplay between individual property rights and the social function principle would enhance the robustness of the analysis. Furthermore, expanding on the precise nature of "weak enforcement of agrarian norms" and outlining potential models or strategies for "regulatory reinforcement" and "improved public legal literacy" would strengthen the paper's prescriptive utility. These additions would solidify the contribution to both legal scholarship and practical governance in Indonesia's agrarian sector.

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