Conclusion

2019 ◽  
pp. 253-260
Author(s):  
Philipp Nielsen
Keyword(s):  
The State ◽  
Great War ◽  
German State ◽  
German Jews ◽  
The People ◽  
The Republic ◽  
German Jewish ◽  
The Right ◽  
The Great War ◽  
Agricultural Settlement

The conclusion retraces the major developments within the German Right since the 1871 and the space of German Jews within it. In particular, it describes the fate of the three projects of the Right in which German Jewish conservatives were involved: Germandom in the East, agricultural settlement, and the commemoration of the community of the trenches as a possible basis for a future German state. Though the Great War and the revolution also gave a basis, not least, for the community of the trenches, all of these projects came under strain following the establishment of the republic. The people rather than the state, race rather than soil or language, came markers of German identity on the Right and increasingly excluded Jews. The conclusion also traces developments after 1935, the analytical endpoint of the book.

scholarly journals KONSEP HAK MENGUASAI NEGARA TERHADAP TANAH DALAM HUKUM TANAH (UUPA) DAN KONSTITUSI

GANEC SWARA ◽  
2021 ◽  
Vol 15 (1) ◽  
pp. 991
Author(s):  
NI LUH ARININGSIH SARI
Keyword(s):  
The State ◽  
State Control ◽  
Land Law ◽  
Conceptual Approach ◽  
Legal Principles ◽  
East Indies ◽  
The People ◽  
Approach Method ◽  
The Republic ◽  
The Right

     The concept of the State's Right to Control over Land in Land Law (UUPA) and the Constitution are things that need to be clarified based on law. The type of research in this research is normative research, namely research on legal principles related to the concept of the State's right to control over land seen from the aspects of the Basic Agrarian Law and the 1945 Constitution of the Republic of Indonesia. The approach method used in this research is the statutory approach (the statute approach), the conceptual approach, which utilizes the views and thoughts of experts regarding the concept of the rule of law and the historical approach is carried out by examining what background. which underlie a development of the implementation of the right to control the State. The results of the study show that the concept of the right to control of the State which is regulated in the 1945 Constitution and the UUPA, is different from the legal relationship which is ownership between the State and land based on the Domeinverklaring principle which is regulated in the Land Law for the Administration of the Dutch East Indies Government which has been revoked in the UUPA. The principle of Domeinverklaring contradicts the legal awareness of the Indonesian people and the principles of an independent and modern State, especially in the 1945 Constitution which regulates State control of all agrarian resources which are essentially intended for the greatest prosperity of the people (Article 33 paragraph (3)).

scholarly journals Monopoly of State-Owned Enterprise of Social Justice

2017 ◽  
Vol 1 (2) ◽  
pp. 98
Author(s):  
Rory Jeff Akyuwen
Keyword(s):  
The State ◽  
Economic Activities ◽  
High Quality ◽  
The Public ◽  
The People ◽  
Role Of The State ◽  
General Benefit ◽  
The Republic ◽  
The Right

The role of the state through BUMN becomes so important when it is formulated in a provision as formulated in Article 33 Paragraph (2) of the 1945 Constitution of the State of the Republic of Indonesia, where the production branches which are important for the State and which affect the livelihood of the public must be controlled by Country. Here it indicates the authority of the State to participate in economic activities through the operation of production branches that can be categorized as important for the State and considered vital and strategic for the interest of the State.This is based on the reasons as formulated in the explanatory section of Article 33 of the 1945 Constitution of the State of the Republic of Indonesia, so that the benefits of the production branches do not fall into the hands of individuals, the State actively takes the role to cultivate it because the production branch is considered important and which control the livelihood of the people for the greatest prosperity of the people. State-Owned Enterprises is formed with the aim of contributing to the development of the national economy in general and the state's revenue in particular; The pursuit of profit; To hold general benefit in the form of providing goods and / or services of high quality and adequate for the fulfillment of the livelihood of the public; Pioneering business activities that have not yet been implemented by the private sector and cooperatives and actively providing guidance and assistance to weak economic entrepreneurs, cooperatives, and communities.SOEs are given the right to monopoly in the economic field which is considered to control the livelihood of many people.

Struggle, 1924–1929

2019 ◽  
pp. 169-210
Author(s):  
Philipp Nielsen
Keyword(s):  
Weimar Republic ◽  
Party Politics ◽  
Great War ◽  
Right Wing ◽  
National Belonging ◽  
German Jews ◽  
Direct Contrast ◽  
The Right ◽  
The Great War

This chapter describes the twin pulls felt by the German Right between 1924 and 1929: pragmatic adjustment and ideological purity. Which path the Right and its projects would ultimately take would necessarily impact questions of Jewish inclusion in right-wing circles. But Jews were by no means only bystanders in this process. Instead they actively participated in renegotiating the Right’s political positions in the Weimar Republic. Through renewed attempts at agricultural settlements, in the defense of Germandom in the East, at shared commemorations of the fallen of the Great War, or in party politics, conservative German Jews were active, though increasingly curtailed by antisemitism, in trying to devise new notions of national belonging and community that could be in direct contrast to the republican ideals of Weimar.

scholarly journals PENERAPAN PRINSIP KEPENTINGAN UMUM TERHADAP KEBERADAAN TANAH TERLANTAR DI INDONESIA

2017 ◽  
Vol 6 (3) ◽  
pp. 383
Author(s):  
Nyoman Arif Budiman
Keyword(s):  
Public Interest ◽  
Land Rights ◽  
The State ◽  
Third Party ◽  
Common Interest ◽  
Conceptual Approach ◽  
The People ◽  
The Republic ◽  
The Government ◽  
The Right

This journal shall be entitled as " Implementation Of Public Interest Principles To Neglected Land In Indonesia".The existence of the land on earth must be beneficial both for the welfare and happiness that has it and for the people and the state. The purpose of this study is to know and understand the absolute limits of property rights to land; and want to understand the relationship between the principle of public interest in land. The method in this research is normative by using  conceptual  approach and statute approach. This journal’s preparation is done by legal research, and the approach method being used in this journal shall be used is the combination of the statute approach and the conceptual approach. The result of this research is the essence of the principle of public interest to the land is to create development based on the principle of humanity in the balance as stipulated in the 1945 Constitution of the Republic of Indonesia. The exemption of land rights is caused by public and private interest with the provision of compensation and guided by the principle of musyawarah. While the revocation of land rights is the spirit of the provisions of Article 18 of the Basic Agrarian Laws states that for the interest of the state and the state and the common interest of the people of the right to land may be revoked by compensation. The legal effort that a third party can take to exploit the state land (abandoned land) is to apply the right to the government (Provincial or Regency / City Land Office). Jurnal ini mengambil julul “Penerapan Prinsip Kepentingan Umum Terhadap Terlantar. Keberadaan atas tanah di muka bumi ini  harus bermanfaat baik bagi kesejahteraan dan kebahagiaan yang mempunyainya maupun bagi masyarakat dan negara. Tujuan dari penelitian ini ialah ingin mengetahui dan memahami batas-batas absolut dari hak milik  terhadap tanah; dan ingin memahami hubungan antara prinsip kepentingan umum atas tanah. Jurnal ini mengangkat permasalahan yang juga menjadi tujuan penulisan yaitu apa hakikat kepentingan umum atas tanah dan apa upaya hukum yang dapat dilakukan oleh pihak ketiga terhadap tanah terlantar. Penyusunan jurnal ini dilakukan dengan tipe penelitian normatif dan menggunakan pendekatan peaturan perundang-undangan dan pendekatan konsep. Hasil dari penelitian ini adalah Hakekat dari prinsip kepentingan umum terhadap tanah ialah untuk menciptakan pembangunan yang berlandaskan asas perikemanusiaan dalam keseimbangan sebagaimana diatur dalam UUD NRI tahun 1945. Pembebasan hak atas tanah disebabkan oleh kepentingan umum dan swasta dengan pemberian ganti rugi dan berpedoman pada asas musyawarah. Sedangkan pencabutan hak atas tanah merupakan semangat dari ketentuan Pasal 18 UUPA menggariskan bahwa untuk kepentingan bangsa dan negara serta kepentingan bersama (hanya untuk kepentingan umum) dari rakyat hak atas tanah dapat dicabut dengan memberikan ganti kerugian. Upaya hukum yang dapat dilakukan pihak ketiga untuk dapat memanfaatkan tanah negara (tanah terlantar) ialah melakukan permohonan hak kepada kepada pemerintah (Kantor Pertanahan Provinsi atau Kabupaten/Kota).

scholarly journals KONSEP IQTHA’ PEMBERIAN TANAH KEPADA MASYARAKAT DALAM PEMIKIRAN EKONOMI AL-MAWARDI (STUDI KITAB AL-AHKAM ALSULTANIYYAH)

2017 ◽  
Vol 2 (1) ◽  
pp. 1-17
Author(s):  
Mujahidin Mujahidin
Keyword(s):  
The State ◽  
Vacant Land ◽  
Waste Land ◽  
The Earth ◽  
The People ◽  
Head Of State ◽  
Open Land ◽  
The Republic ◽  
No Man's Land ◽  
The Right

Land is part of the earth as the ultimate gift of God which is governed by the State and used for the greatest prosperity of the people as mandated by the 1945 Constitution of the Republic of Indonesia. This research will raise the concept of iqtha 'in Islamic government through Al-Mawardi's thought in his book al-ahkam al-sultaniyyah by comparing it with the Indonesian land management sistem. The purpose of this study was to find out the concept of iqta 'in Islamic governance through the thinking of AlMawardi in his book al-ahkam al-sultaniyyah. Al-Mawardi in his book that iqtha is the giving of land to the community by the head of state, but the land that can be given is land which is his authority, namely no-man's land and abandoned land and no one manages it in the Indonesian context. bertuan but wild land (waste land) or referred to as vacant land and it is all controlled by the State except those cultivated by the community or residents with rights originating from the right to open land.

scholarly journals Monopoly of State-Owned Enterprise of Social Justice

2017 ◽  
Vol 1 (2) ◽  
pp. 98
Author(s):  
Rory Jeff Akyuwen
Keyword(s):  
The State ◽  
Economic Activities ◽  
High Quality ◽  
The Public ◽  
The People ◽  
Role Of The State ◽  
General Benefit ◽  
The Republic ◽  
The Right

The role of the state through BUMN becomes so important when it is formulated in a provision as formulated in Article 33 Paragraph (2) of the 1945 Constitution of the State of the Republic of Indonesia, where the production branches which are important for the State and which affect the livelihood of the public must be controlled by Country. Here it indicates the authority of the State to participate in economic activities through the operation of production branches that can be categorized as important for the State and considered vital and strategic for the interest of the State.This is based on the reasons as formulated in the explanatory section of Article 33 of the 1945 Constitution of the State of the Republic of Indonesia, so that the benefits of the production branches do not fall into the hands of individuals, the State actively takes the role to cultivate it because the production branch is considered important and which control the livelihood of the people for the greatest prosperity of the people. State-Owned Enterprises is formed with the aim of contributing to the development of the national economy in general and the state's revenue in particular; The pursuit of profit; To hold general benefit in the form of providing goods and / or services of high quality and adequate for the fulfillment of the livelihood of the public; Pioneering business activities that have not yet been implemented by the private sector and cooperatives and actively providing guidance and assistance to weak economic entrepreneurs, cooperatives, and communities.SOEs are given the right to monopoly in the economic field which is considered to control the livelihood of many people.

scholarly journals The Agrarian Law Policy in the Control of Residence by Expatriates in Indonesia

Notaire ◽  
2020 ◽  
Vol 3 (1) ◽  
pp. 27
Author(s):  
Corina Ealen Meilan Danu ◽  
Ketut Ketut Briliawati Permanasari ◽  
Wilujeng Wilujeng Jauharnani ◽  
Ria Ria Yunita Sari
Keyword(s):  
Property Rights ◽  
Natural Resources ◽  
International Law ◽  
The State ◽  
The Other ◽  
State Responsibility ◽  
Place Of Residence ◽  
The People ◽  
The Republic ◽  
The Right

The state has the right to control the land, waters and natural resources contained therein to achieve the greatest benefit of the people. According to the provisions of Article 9 paragraph (1) and Article 26 paragraph (2) of the Law of the Republic of Indonesia Number 5 of 1960 concerning Basic Regulations on Agrarian Principles, property rights may only be owned by Indonesian citizens. Based on these conditions, expatriates cannot have a residence in Indonesia. On the other hand, Indonesia as a subject of international law has the responsibility in protecting the right of expatriates to dominate residence in Indonesia. In this study, the state responsibility for the provision of residence for foreigners and the regulations that provide space for expatriates in the mastery of residence in Indonesia will be discussed. In international law, there are principles of state responsibility. This principle mandates that the state guarantees protection of foreigners, including the place of residence for foreigners. The development of regulations in Indonesia provides a solution to the control of residence by expatriates. The legal solution offered is the control of residence with a tenancy agreement between expatriates and homeowners who are Indonesian citizens or by using the right of use. The right of use a residence given to the expatriates is in the form of a single house and apartment units that are limited by the price and area of land in accordance with the applicable regulations.

scholarly journals Right to Own Land by the State in the Frame of Constitutional Law

2021 ◽  
Vol 2 (2) ◽  
pp. 46-57
Author(s):  
Zainuddin Zainuddin
Keyword(s):  
Constitutional Law ◽  
Research Method ◽  
The State ◽  
Legal Research ◽  
Proper Management ◽  
Unitary State ◽  
The People ◽  
Agrarian Law ◽  
The Republic ◽  
The Right

The right to control the state over land should be able to achieve the greatest prosperity of the people as mandated by Article 33 paragraph (3) of the 1945 Constitution of the Unitary State of the Republic of Indonesia. It is important to discuss the problem of the meaning of the substance of the right to control land by the State based on the 1945 Constitution. and what is the right to control land by the state based on regulations in the framework of constitutional law so that land for the greatest prosperity of the people can be achieved. The research method used is the normative juridical legal research method. The results show that the right to control land by the state within the framework of constitutional law is still very far from being burned, so that the prosperity of the people, one of which can be achieved through proper management of land controlled by the state, has not been able to achieve people's happiness as adhered to by the theory of utilitarianism law and more. continued as stated in the 1945 Constitution and the Basic Agrarian Law applicable in Indonesia.

scholarly journals PENGATURAN HUKUM CALON LEGISLATIF MANTAN NARAPIDANA

2020 ◽  
Vol 2 (1) ◽  
pp. 33
Author(s):  
Salim Fauzi Lubis ◽  
Ismail Ismail ◽  
Mina Mardiana
Keyword(s):  
Human Rights ◽  
The State ◽  
Constitutional Rights ◽  
Political Rights ◽  
Legal Research ◽  
The People ◽  
General Elections ◽  
The Republic ◽  
The Right ◽  
Election Commission

Election or local election is a way of channeling the rights of every principle community, which means that the right to vote and vote is contained in his constitutional rights as citizens. In article 28 letter D of the Republic of Indonesia Republic of 1945 which reads that "every citizen has the right to have the same opportunity in government". The sound contained in the article contains the understanding that the State guarantees each of its citizens to obtain the rights to sit in government either as People's Representatives, regents, Mayors, Governors, or even become a President. The method used in this study is normative juridical legal research which uses a statutory approach. The issue raised by the author is How the Human Rights Perspective of Legislative Candidates in Organizing Elections and How Comparative Legal Arrangements for Former Legislative Candidates Examined From Law Number 7 of 2017 Concerning General Elections With Regulation of the Election Commission Number 20 of 2018 Regarding Nominating Members Regional Representative Council, Provincial Regional Representative Council, Regency / City Representative Council. In terms of the implementation of elections need to be held honestly, fairly and democratically based on the spirit of Democracy that has been carried out so far so as to create leaders and representatives of the people who side with their people. Speaking of Human Rights, everyone has the same rights before the State and applies to former corruption convicts who have or have the same political rights as other citizens guaranteed by the constitution.

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