The Principle of Social Function of Land Cultivation Right in Agritourism Accommodation in Indonesia

Abstract

The principle of social function as one of the principles of law enforcement in Indonesia supposes to be elucidated in the regulation of the obligation of Land Cultivation Right holder. Tourism accommodation held by the plantation company on the land under the Land cultivationright on one side, is unjustified by Agrarian Law, on the other side, Plantation law grants it. This writing aimed at evaluating the coherence of the regulation about the obligation of the holders of the land cultivation right towards the principle of social function. This writing could be categorized as a normative study with the statute and conceptual approach. The technique of data collection was literature study. Deductive-inductive syllogism and interpretation presented the analysis. This writing concluded that there had not been a coherence between the regulation about the obligation of the holders of Land cultivation right and the social function of Land cultivation right. This incoherence led to weak law enforcement.