Journal of Law, Policy and Globalization www.iiste.org ISSN 2224-3240 (Paper) ISSN 2224-3259 (Online) Vol.48, 2016 132 Urgency of Legal Substance of Land Affair in Indonesia Muliater Sinaga,* Farida Pattitingi,** Aminuddin Salle,*** Abrar Saleng**** * PhD student at Postgraduate Hasanuddin University. ** Professor on Legal Science, Faculty of Law, Hasanuddin University and as a Promotor. *** Professor on Legal Science, Faculty of Law, Hasanuddin University and as a co-Promotor. **** Professor on Legal Science, Faculty of Law, Hasanuddin University and as a co-Promotor. Abstract Article 28H (4) of the Constitution of l945 (hereinafter abbreviated UUD 1945) stipulates that "each person has the right to own private property and such ownership shall not be appropriated arbitrarily by whomsoever". Referring and paying attention to the meaning and content of Article 28H, it can be understood that the right belongs to someone actually recognized and protected by law... The essence of the relationship between the land and human beings associated with two (2) major interests; firstly, the interests of human beings as a part of the elements of state; and secondly, the interests of the state as part of the benefit of human life. Keywords: legal substance, Indonesia land. 1. Introduction Article 28H (4) of the Constitution of l945 (hereinafter abbreviated UUD 1945) stipulates that "each person has the right to own private property and such ownership shall not be appropriated arbitrarily by whomsoever". Referring and paying attention to the meaning and content of Article 28H, it can be understood that the right belongs to someone actually recognized and protected by law. In the reform era, there are several changes that occur both within the government system in particular and improvement of the democratic system, especially on freedom of giving opinions within the law allowed. One of the problems in terms of ownerships is disputes and land conflicts over the status of the land and who is eligible or who own the land. In this context, there is a simultaneous relationship to describe the relationship between owners and lands. It is intended that there is a close relationship both the owners and lands in order to manage land in a legal system society (traditional), called the common law system. In other words, it can be said that there is an interconnection relationship between the land, human beings and the authorities. The interconnection relationship amongst them is governed in such a way as if engaged in a very close interconnection them. It means that it actually depicts the essence of the relationship between the land and human beings associated with two (2) major interests; firstly, the interests of human beings as a part of the elements of state; and secondly, the interests of the state as part of the benefit of human life. To bridge both interests as mentioned, therefore, it is formulated a legal system ranging from system of state constitution, laws with aimed to ensure social order, public order and social order in relation to land, as well as creating justice for the people of the right to land. Article 33 (3) of the UUD 1945 states that "the land and the waters as well as the natural riches therein are to be controlled by the state to be exploited to the greatest benefit of the people". The formulation of the article indicates expressly the existence of the land as part of the state constitution. Therefore, since the enactment of the Law No. 5 of 1960 concerning the Basic Regulation of Agrarian (hereinafter abbreviated as BAL) on September 24, 1960, BAL replaced the colonial agrarian law and is the implementation of Article 33 (3) of the UUD 1945. Basic thoughts of Article 33 (3) emphasize that the land and the waters as well as the natural riches are the gift of God Almighty to all Indonesian people. It is also the main points of the prosperity of the people controlled by the State and aimed to achieve prosperity of the people of Indonesia. Therefore, it can be said that all land issues must refer to Article 33 (3) UUD 1945 and BAL. 1 Governmental efforts to provide some guarantee form of legal certainty to land for everyone is to do a registration of land rights. The statement of legal certainty substantially is clear as the formulation of Article 19 (1) of Law No. 5 of 1960 on BAL. The article stipulates that “In order to guarantee legal security die Government shall conduct land registration throughout the territory of the Republic of Indonesia according to 1 Muchsin and Toton Suprajoto, Legal Certainty and Legal Protection of Justice and Truth Foundation, Periodic Seminar of Agrarian Lecturer in Java, Faculty of Law – Trisakti University, Jakarta, 2002, p. 2.