<p><em>The purpose of this study is to explain the influence of the positivism paradigm in making land acquisition law and its application which is oriented towards formalism in Indonesia. This type of research is normative and prescriptive legal research, a paradigm that should be used to develop land acquisition law that can realize respect for land rights. To answer the research problem a concept approach is used with the analysis of the syllogism of deduction and interpretation. The paradigm of science as its major premise, while the regulation and application of land acquisition for public use as a minor premise. The results of this study are the positivism paradigm imbued with capitalism causing compensatory injustice and formal injustice in land acquisition for public use. Globalization, through international treaties, causes the importation of the laws of donor countries, which have a capitalist ideology to the Indonesian legal system, which has a family ideology. This harmonization problem if not resolved properly can cause injustice. To realize convergence, it is necessary to consider the use of realistic socio legal theory in land acquisition legal research.</em></p><p><em> </em></p><p><strong>Keywords</strong>: <em>Positivism, Realistic Legal Socio, Land Acquisition, Justice.</em><em></em></p>

<p><em>This research is motivated by the number of unimplemented Constitutional Court decisions, although the nature of the Constitutional Court 's rulings is final and binding. This form of work is ethical normative. That investigation is descriptive. The data type used is the secondary data. Secondary techniques for the processing of data were obtained through library work. Primary and secondary data were qualitatively analysed. The results of the study show that, first, the decision of the Constitutional Court, which is not implementing the compilation of its decision, does not include a time limit for its implementation, while the decision of the Constitutional Court, which contains a grace period, is quickly followed through the establishment of an invitation regulation. Second , the model of the future functional decision of the Constitutional Court is the decision of the Constitutional Court which contains a period of grace and the institutionalization by constitutional permit of constitutional questions.</em></p><p><em> </em></p><p><strong>Keywords</strong>: <em>Constitutional Court, time of grace and Issue of the Constitution.</em></p>

The article aims to analyze and find out the legality of the issuance of a Certificate of Property in the river border and the legal implications for those issuing and holding a Certificate of Ownership in the river border in Sukoharjo District. Research method with a normative juridical approach. The technique of collecting data which study of library. The result of the research of the land rights certificate of riparian area in Sukoharjo regency is possible the abuse of authority of the National Land Office of Sukoharjo Regency issuing the certificate of property right without taking into account other legal provisions. By law the issuance of the boundary rights certificates of rivers in Sukoharjo District remains valid, but legally flawed. River border property rights certificates can be canceled if there is a demand from the public by filing a lawsuit to the State Administrative Court. The ownership certificate in the river border can not be used as collateral or as a strong evidence against the certificate. The certificate of title to land in the river border in Sukoharjo regency, indicates the principle of prudence has not been implemented properly in the issuance of certificates of land rights. There needs to be more intensive supervision on the issuance of certificates of ownership of riparian area soil and more assertive to consolidate the soil that should be a watershed so that the function of river border which is a protected area will be maintained and the creation of a pattern of utilization of space in accordance with its purpose.

This study is aimed to analyse various Indonesian national regulations that govern about the implementation of social and environmental responsibility (SER) in the actualisation of its objectives for the equitable distribution of natural resources in Indonesia. The analysis is undertaken in terms of the phrases used, the subjects who are obliged to perform SER, the funding sources, the allocation of the funds, the instructed programs, as well as the course of the SER itself. By using normative legal research, this study concludes that the existing regulations have not consistently governed the implementation and standards of SER as expected by the Government. Additionally, according to Fuller, this kind of multi-interpretation will result in the malfunction of legal products, and ultimately frustrate the achievement of the SER objectives. On this matter, it is proposed that the Indonesian government needs to formulate a regulation that comprehensively and specifically govern about the SER to become a guideline for all the existing stakeholders.

AbstrakKeberadaan perkebunan besar di Indonesia telah membuktikan kegagalan nilai individualisme untuk mewujudkan keadilan agraria. Penelitian ini bertujuan untuk menguadit peraturan mengenai luas penguasaaan tanah perkebunan yang bertentangan dengan asas fungsi sosial hak guna usaha (HGU), dan memberikan preskripsi pengaturan luas penguasaan tanah perkebunan yang dapat mewujudkan pemanfaatan tanah untuk usaha perkebunan secara optimal. Penelitian ini menggunakan metode penelitian hukum normatif, dengan pendekatan statute approach, dan conceptual approach. Bahan hukum dianalisis dengan silogisme induksi, deduksi dan interpretasi. Hasil penelitian adalah pertama, peraturan kebijakan tentang Izin Lokasi, Perizinan Usaha Perkebunan, dan Pelepasan Kawasan Hutan, yang berorientasi pada keadilan utilitarianisme dan penguasaan tanah secara konsentratif, tidak koheren dengan asas fungsi sosial HGU. Kedua, pengaturan luas maksimum penguasaan tanah bagi perusahaan perkebunan seharusnya berdasarkan jenis tanaman dan modal yang ditempatkan dan disetor penuh sehingga pengusaha perkebunan dapat memanfaatkan tanah secara optimal.Kata kunci : asas fungsi sosial HGU, luas tanah perkebunan, kesejahteraan rakyat