Indonesian Council of Ulama Fatwa No. 8 of 2005 on the Revocation of Personal Ownership Rights for General Interests

This fatwa states that personal ownership rights are to be protected by the state and are to be guaranteed in full. No person, including the government, is to reduce, marginalise or limit such rights. In the event of a conflict between personal rights and the public interest, however, the public interest is to prevail.

The government is permitted to revoke personal ownership rights for the sake of the public interest under the following conditions:

  1. the government and rights-holder have deliberated, the rights-holder not being coerced at all into making a decision;
  2. the rights-holder has been sufficiently compensated;
  3. the party responsible for the public interest is the government;
  4. the stipulation of the public interest by the People's Representative Assembly (DPR) or Regional People's Representative Assembly (DPRD) takes into account Indonesian Council of Ulama fatwa and opinions; and
  5. the public interest may not be transferred for other purposes, especially those commercial in nature.
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