Keterbatasan Hukum Konsolidasi Tanah Perkotaan sebagai Instrumen Kebijakan Pertahanan Partisipatif dalam Penataan Ruang di Indonesia

Abstract

 Urban Land Consolidation (ULC) is a land policy expected to be one of the solutions on various kinds of urban land problems in Indonesia. According to the concept that relies on the community participation, the ULC is able to tackle the uncertainty of land use and irregularity of land use and land preparation to be used for the simultaneous development of road infrastructure, public and other social facilities. Since the community participation constitutes something inevitable, the ULC can be regarded as a participative land policy. Furthermore, referring to the legal thinking of sociological jurisprudence and legal realism schools, the law is potential to move the community participation in implementation of ULC in Indonesia. However, the fact shows that the potential has not been effectively achieved.