LEGAL PROTECTION OF FORMER EIGENDOM LANDHOLDERS WHO HAVE EXPIRED THEIR CONVERSION PERIOD

Abstract

During the Dutch colonial era, most of the land in Indonesia was controlled by the Dutch government with western rights and western law applied. The management of lands controlled by the Dutch government with western rights is subject to the Burgerlijke Wetbook (B.W.), where the term Civil Code is subsequently used. Western rights to land contained in the Civil Code include eigendom rights, erfacht rights, opstal rights, gebruik rights, and so on. The regulation of eigendom rights over land is implicitly contained in Book II Chapter III, specifically in Article 570 of the Civil Code, which states that: "property rights are the right to enjoy an item more freely and to act with that item, completely freely, as long as it doesn’t conflict with the law or general regulations stipulated by the competent authority and as long as it doesn’t interfere with the rights of other people, all of which does not reduce the possibility of revoking rights in the public interest and appropriate compensation for losses, based on the provisions legislation.

Keywords

• land
• legal protection
• public service
• property rights