Abstract:
This thesis is to study and analyze issues related to administrative powers under section 61 of the Land Code; to demonstrate that the provisions, principles, procedures to implement this section is not proportionality and injustice to a person who is in good faith. This research will principally be studied on the basis of books, academic papers, articles and jurisprudences of the Court. The results of this research show that the administrative powers under section 61 of the Land Code has an impact on the social, economic, politic as well as an individual rights and government agencies. In addition, this section authorizes the administration to revoke or amend, which contains an error or an illegal act, no other choice. Thus, it is incompatible with the status quo and not be fair to the person who is in good faith. The conditions and the procedures to revoke or amend the land titles in the reserved area are contrary to the principle of neutrality and injustice to all stakeholders. Therefore this section should be reviewed the conditions and the procedures for implementing in the appropriate way. This research has suggested amending the provisions on the method of implementation of this section. After the inquiry report submitted by the Committee has already been considered by the Director General or the person designated by the Director General, whether the land titles is illegal aspects, they have to submit the inquiry report with related documents and their comments so that the judiciary may revoke or amend the land titles.