JURIDICAL ANALYSIS ON THE EVICTION OF KAMPUNG LUAR BATANG JAKARTA IN RELATION WITH STATE RIGHT TO CONTROL (HAK MENGUASAI NEGARA)

Abstract

Force eviction are evictions either directly or indirectly conducted by the government against the local population to use the land for residential and business purposes. Eviction usually occurs in urban region, this happens because of limited land and high cost of land for residence and place of stay to work. Eviction causes violations and the right to have a livelihood. Local governments and municipal authorities introduced a policy in each region with a specific purpose. Eviction becomes a problem that is phenomenal in major cities in Indonesia such as Jakarta. Increasingly limited land in urban Jakarta caused the government must destroy the settlements are not appropriate. Evictions in Jakarta is a way of structuring the government of the city in order to bring the city to be a comfortable and livable. However, this arrangement must attempt to follow the legal analysis in protecting the rights of citizens. In this case the context of the state land are used as a prerequisite for the government to acquire ownership of a land that is currently occupied by residents actually totally unknown in the land law regarding the state right to control (Hak Menguasai Negara) for entire implementation in various provisions legislation in the agrarian field. However, the country does not have an absolute right to claim land without legal procedures and consequently the country not welfare the citizens of eviction. Because of these problems the study that discusses how the analysis of the legal and human rights protection in evictions of Kampung Luar Batang and how the eviction implies the state right to control (Hak Menguasai Negara).