Posisi Negara Dalam Menangani Kepemilikan Publik; Tanah Absentee Dalam Perspektif UUPA dan Hukum Islam

Land is a very important thing in human life, since ancient society to modern society now land has a decisive role in human economic activity. The vital role the soil causes the various interests play in it, until eventually arise various problems of land that until now still can not be resolved by the State as policy makers such as; eviction, mutual ownership claims etc. This paper attempts to unravel how the position of the State in dealing with public ownership, especially the land issue absentee, by conducting a comparative study between the Law No. 5, 1960 (UUPA) and the rules of Islam on issues related to the distribution and land management. Literature research results found be in agreement regarding the position of the country (Indonesia) in dealing with public ownership (absentee land issues) as stipulated in Law No. 5 of 1960 on Agrarian Reform, especially article 10, with the provisions of Islamic law