The Nature of Justice to Implement Nationality Principle in the Agrarian Law

Abstract

This study aims to (1) know and understand the nature of  justice of nasionality principle of Basic Agrarian Law (hereinafter referred toBAL) as a philosophical foundation in the agrarian regulation; 2) to know and understand the synchronization of nasionality principle to be implemented in the agrarian regulation; and 3) to understand and find out the right strategy to embody the principle of nationality of BAL in agrarian regulation. This study is a normative research using a historical approach, a statute approach, and a conceptual approach. The source of legal materials consisting of primaryand secondary legal materials.  Those legal material then is analyzed by applying legal reasoning logically and systematically. The results shows that (1) The nature of justice of nasionality principle of BAL is to fulfill the people’s welfare for the sake of the state as a trustee and representative dimensions of agrarian rights; (2) The principle of nationality in any agrarian regulation shows the lack of synchronization; (3) The realization of the principle of nationality in the agrarian regulation must be followed by a discussion of agrarian regulation in the National Legislation Programme (hereinafter referred to PROLEGNAS). In terms of guiding the principle consistently, it would better to establish an independent Commission on Agrarian and Permanently Spatial.

Keywords: Nature of Justice, Nationality principle, and Agrarian Law.