Doctrine of social functions of property for human flourishing (study of squatters residential relocation policy in catchment area Bengawan Solo River)

Abstract

The purpose of this research was to confirm the doctrine of the social function of property as an instrument for realising humans flourishing in the case of Surakarta City Government policy to relocate squatters in the catchment area of the Bengawan Solo River. This normative legal research used a conceptual approach. To obtain answers to the problems, the research used deductive syllogism. The major premise is used as the doctrine of the social function of property, the theory of justice and the principle of trust and a reasonable expectation, while the minor premise is the policy of the Government of Surakarta relocating squatters in the catchment area of the Solo River. Using the resulting conclusions, confirmation of doctrinal interpretation of the social function of property as an instrument for realising human flourishing is done. The conclusions of this study is the social function of property requires the Authority of Central Region Bengawan Solo River to manage riparian appropriate allocation function as flood control. Implementation of this obligation is to realise the basic right on healthy living environment. Based on the doctrine of the social function of property, then the omission and legalisation of illegal occupancy in the Bengawan Solo River catchment area create liability for the Government of Surakarta, the Authority of Central River Region Solo, and Land National Agency, to finance the relocation of squatters in the catchment area of the Solo River. Squatters relocation is intended for human fulfillment flourishing.

Keywords: Social function of property, human flourishing, relocation of squatters.