The Problem with the State's Right to Control
Monday, September 18, 2023
Land conflicts are happening due to the misinterpretation of Article 33 of the 1945 Constitution on the state’s rights to control. What went wrong?
CASES of land conflicts, like the one on Rempang Island, Riau Islands, and at many national strategic projects, stemmed from the fundamental question of ‘state land’. Does all land belong to the state? What about the private rights that certain citizens and communities have? How can the state represent the ‘public interest’ in development?
The core of the problem is Article 33 of the 1945 Constitution. The second paragrap
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