Page 25 - Konstitusionalisme Agraria

with regard to the decision of the Constitutional Court in interpreting
the provisions of Article 33 UUD 1945 (Chapter VIII and IX). This
book has the view that the conception of HMN is just one of the
conceptions of the relationship between state and citizens over land
and natural resources in Indonesia. Currently the concept is shifting
along with the various interpretations that come from the decision
of the Constitutional Court.
The conception of state control over land and other natural
resources related to how the state treats people’s lands. Therefore,
the agrarian constitution is related to indigenous peoples land and
territory. The existence of the indigenous peoples’ land and territory
is one of the limiting for the applicability of state control over land
and other natural resources. Therefore the state control over land
and other natural resources should not necessarily be the reason for
the deprivation of indigenous lands (Chapter IX and X).
Agrarian constitution can be encouraged to promote agrarian
reform. Some countries made the constitution as the agrarian
reform constitution such as the Philippines and Brazil, where there
explicitly formulated agrarian reform agenda as part of the substance
of the Constitution. Indonesian constitution needs to be directed
into the agrarian reform constitution that can be use as an addition
argument for struggling agrarian justice in the midst of the land
tenure inequality (Chapter X). Some ways to make the Indonesian
constitution become agrarian reform constitution is not only can
be done by formal amendment, but it can also be done with the
interpretation by the courts (judicial interpretation), as well as its
implementation in daily life and government policies (constitutional
usage). The projections to utilize the constitution as a tool for
agrarian reform promote in the final section of this book.

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