Page 23 - Konstitusionalisme Agraria

has sovereignty over all of land and resources, instead of invaders,
foreign or native kings. HMN conception in line with the unification
path that integrated regulation and the rights of the people under
the sovereignty of the country where the state is regarded as bearers
of rights or legal subjects who defend the rights from harassment by
outsiders.
HMN conception which gives a major role to the state to control
the land and determine the legal relationship between the people
with the land has been used by the New Order Regime to sustain
development that relies on private capital, no longer relying on the
power of the people, as pursued by the previous regime. New Order
regime using HMN as a pretext to seize people’s lands under the
development agendas. This manipulation increase resistance from
the peasant in various regions. The peasant movements bring the
HMN conception as one of the targets of criticism (Chapter IV). This
shows that although leaning on the same 1945 Constitution and the
same BAL 1960, the policy between two political regimes can differ
greatly.
The reformation implemented since 1998 into an arena
of contestation for groups fighting for agrarian reform. Legal
reform took place to correct the previous government policies and
regulations. Various regulations that support agrarian reform and
sustainable management of natural resources overlapping with
regulation related to advancing market performance. At this time the
regulations concerning land and other natural resources are mostly
created, there are more than 30 laws created in last fifteen years.
Most of the laws given the new concession scheme for businesses
utilization of natural resources for the company (Chapter V). So far,
more laws are intended to serve the interests of the investment than
supporting agrarian reform agendas.
Judicial Activism which is run by the Constitutional Court to
examine the laws that violate the constitution provides a new role for
the interpretation of the relation of state control over land and other
natural resources. Through a series of decisions, the Constitutional
Court has presented a new conception about the relationship of state

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