STATE CONTROL OF LAND PERSPECTIVE OF INDONESIAN LAND LAW AND ISLAMIC LAW

This article shows that the state has the authority to control land as a legal subject on behalf of the people or in the public interest. The normative rules of law, both Indonesian land law and Islamic law have the same perspective, positioning the state as a legal subject who can control the land. In Islamic law, state land is landing whose owner is not known and there is no sign of having been owned by a person and the land was conquered. Meanwhile, state land in the context of the Indonesian state is all land within the territory of the Republic of which the owner is not or has not been known. The characteristics of state land, both according to Indonesian land law and Islamic law, are lands that concern the livelihood of many people (public utilities). State control over land to ensure the social functions of land can be guaranteed by various legal instruments to create social harmony.