RIGHT ON PECATU DESA LAND BASED ON THE PRINCIPLE OF THE STATE’S RIGHT TO CONTROL IN THE DIALECTICS OF JUSTICE AND LEGAL CERTAINTY

The right of possession by state is public domain, as for right of ulayat is collective domain which is permanently referring to private domain. Therefore, to put Pecatu land as part of district government's property is illegal because district government is not an adat community; this to a norm of Indonesian constitution 1945 as referred to in article 33 (3) and article 18B (2). The criterion or the barometer of justice as stipulated in such articles is “…….shall be made use for the greatest people” should be given priority rather than legal certainty toward the right of Pecatu land.