Page 22 - Konstitusionalisme Agraria

EXECUTIVE SUMMARY

Agrarian constitution in this book is the constitution that contains
the basic values and norms concerning agrarian relations between
the state and citizens over land and other natural resources (Chapter
I). The Indonesian Constitution of 1945 is an agrarian constitution
because it contain agrarian relations to response the colonial agrarian
capitalism system experienced by the native of Indonesia.
The dynamics of the constitutional regarding agrarian relations
developed in various constitutions that ever applied in Indonesia
starting from the Constitution of 1945, the RIS Constitution, the
Temporary Constitution of 1950, and the Constitution of 1945 after
four amendments (Chapter II). Constitutional reform related to the
substance of agrarian constitution influenced by the role of the main
actors like Mohammad Hatta and Supomo when formation of the 1945
Constitution, the RIS Constitution and the Temporary Constitution
of 1950. Meanwhile in the amendment of the Constitution of 1945
which took place in 1999-2002, reforms in Indonesian agrarian
constitution in this time characterized by a fight between a group
of neoliberal economists and populist economists group associated
with a plan to amend Article 33 of the 1945 Constitution.
Indonesian agrarian constitutional norms were formulated
in Article 33 of the 1945 Constitution was a reflection of agrarian
unrest caused by colonialism practices in Indonesia. Hence also, the
elaboration of Article 33 of the 1945 Constitution conceptualized
into the State’s Rights of Control (Hak Menguasai Negara/HMN)
in the Basic Agrarian Law 1960 cannot be separated from the spirit
of anti-colonialism and nationalism were growth along with the
formation of the new state (Chapter III). Conception of HMN is an
affirmation that only the Republic of Indonesia most powerful and