CONSTITUTIONALISM IN LAND ACQUISITION FOR PUBLIC INTEREST: A COMPARISON BETWEEN INDONESIA, RUSSIA AND SEVERAL OTHER COUNTRIES.

Abstract

The most intimate relationship between a state and its citizens is manifested in the acquisition of land for the public interest. This article aims to analyze the comparative constitutional norms governing land acquisition for the public interest. Utilizing a doctrinal writing methodology with a comparative approach, it was discovered that among the five nations whose constitutions were compared, only Indonesia did not explicitly regulate land acquisition for the public interest within its constitution. Russia, America, and China explicitly regulate land acquisition for the public interest within their respective constitutions. South Africa, on the other hand, regulates land acquisition for the public interest both explicitly and elaborately within its constitution. The regulation of land acquisition for the public interest within a constitution is of paramount importance and embodies constitutional values that safeguard, respect, and fulfill citizens’ rights concerning their land and property when it is to be utilized for state interests (public interest).