Four Centuries Evolution of Theoretical Thought on the Right to Master by the State in Indosesia

Abstract

The research financed by Directorate of Research and Community Service, Ministry of Research Technology and Higher Education, Fiscal Years 2018.

Abstract

The earth, water and natural resources contained in it controlled by the state and used for the greatest prosperity of the people as stipulated in Article 33 paragraph 3 of the 1945 Constitution, which is often referred to as the right of master by the State. As a concept, theory, principle, philosophy, dogtrin and ideology of work, the right to control by the State, it is the result of the evolution of very long theoretical thinking (more than four centuries). It is exactly the result of the interaction between Dutch colonial law and customary law (traditional Javanese) for 3.5 (three and a half) centuries of colonialism and the result of theoretical thinking of almost 75 (seventy five) years in the independence period. Therefore a science and a statutory regulation the right to control by the State has continued to develop.

Keywords:evolution, theoretical thought, rights to master, state, Indonesia

DOI: 10.7176/JLPG/84-05

Publication date: April 30^th 2019