Tanggung Jawab Hukum Penilai Publik terhadap Laporan Penilaian Kegiatan Pengadaan Tanah bagi Pembangunan untuk Kepentingan Umum (Studi Atas Kantor Jasa Penilai Publik Toto Suharto)

2020 ◽  
Vol 2 (1) ◽  
Author(s):  
Gagah Yaumiyya Riyoprakoso ◽  
AM Hasan Ali ◽  
Fitriyani Zein
Keyword(s):  
Future Development ◽  
Public Interest ◽  
Legal Responsibility ◽  
Legal Research ◽  
The Public ◽  
The Government ◽  
Conducting Research ◽  
The Right ◽  
The Relationship ◽  
Systematic Explanation

This study is based on the legal responsibility of the assessment of public appraisal reports they make in land procurement activities for development in the public interest. Public assessment is obliged to always be accountable for their assessment. The type of research found in this thesis is a type of normative legal research with the right-hand of the statue approach and case approach. Normative legal research is a study that provides systematic explanation of rules governing a certain legal category, analyzing the relationship between regulations explaining areas of difficulty and possibly predicting future development. . After conducting research, researchers found that one of the causes that made the dispute was a lack of communication conducted between the Government and the landlord. In deliberation which should be the place where the parties find the meeting point between the parties on the magnitude of the damages that will be given, in the field is often used only for the delivery of the assessment of the compensation that has been done.

scholarly journals Conducting Research in Authoritarian Bureaucracies: Researcher Positionality, Access, Negotiation, Cooperation, Trepidation, and Avoiding the Influence of the Gatekeepers

2021 ◽  
Vol 20 ◽  
pp. 160940692199686
Author(s):  
Dilsora Komil-Burley
Keyword(s):  
Qualitative Research ◽  
Research Ethics ◽  
Field Research ◽  
Relevant Research ◽  
Unfair Treatment ◽  
The Government ◽  
Conducting Research ◽  
The Right ◽  
The Relationship ◽  
Gain Access

During Islam Karimov’s presidency in Uzbekistan, between 1991 and 2016, the government had a complex, repressive, and paradoxical relationship with Islam. Widespread persecution, fabricated crimes, and unfair treatment of Muslims were common. Therefore, investigating the relationship between the state and Islam involves significant political risk, which has an intimidating effect on both gatekeepers and participants. Based on the field research I conducted, this paper offers insights about what to expect when conducting research in strictly controlled states like Uzbekistan. Identifying the right gatekeepers who can grant or deny access to research sites, obtaining qualifying permissions, and negotiating and collaborating with gatekeepers are important to gain access to and remain in the relevant research sites for the study. This paper contributes to the literature on conducting qualitative research in authoritarian states. The researcher positionality and their role as an insider or outsider are important parts of such research; however, they also present challenges for researchers. The discussions of reflexivity and the reflexivity of discomfort can guide researchers who face similar challenges in the field. This paper also contributes to the understanding of the importance of considering gatekeeping structures in an effort to advance qualitative research methods and research ethics.

scholarly journals PERLINDUNGAN HUKUM PEMEGANG HAK ATAS TANAH DALAM PENGADAAN TANAH UNTUK KEPENTINGAN UMUM

2017 ◽  
Author(s):  
Muhammad Yusrizal
Keyword(s):  
Public Interest ◽  
Legal Protection ◽  
The State ◽  
The Public ◽  
The Government ◽  
The Right ◽  
Sense Of Justice

Land procurement is the act of the government to realize the availability of land to be used in various interests for development as the public interest. Limitations of land owned by the government takes the land derived from the community to facilitate the course of development for the public interest. The existence of the land needs to be used by the government in carrying out development activities, but in its implementation should not be detrimental to the rights of the landowners. Therefore, for the government which needs the land can not arbitrarily to take the land belonging to the community/the holder of the right to the land which area is affected by development for the public interest. Therefore, the state should provide guarantee and legal protection to the holder of the land in land procurement activity for public interest. So that the implementation of land procurement will be able to provide a sense of justice for the community affected by the development and provide security to the life of the community.

scholarly journals The Interaction between Service Quality and Students Satisfaction

2018 ◽  
Vol 8 (3) ◽  
pp. 37-42
Author(s):  
Sheikh Aftab Ahmad
Keyword(s):  
Saudi Arabia ◽  
Regression Analysis ◽  
Service Quality ◽  
Public Interest ◽  
Public And Private ◽  
The Public ◽  
The Government ◽  
The Relationship ◽  
Students Satisfaction

This study aims to describe the effect of service quality on students’ satisfaction. The study used a sample of respondents from university students in Hail, Saudi Arabia, and the data were collected through questionnaire. Descriptive and regression analysis were used to find out the relationship between students satisfaction and service quality. This study concluded that there is a significant effect of tangible, reliability on students’ satisfaction at university in Hail state. Moreover, there is a difference in service quality of higher educations managed by government and those managed by a foundation (private). Also, there is a difference between students satisfaction in public and private universities. Based on the findings, it is suggested that the government needs to pay more attention to increase service quality for the satisfaction of students, which will develop the public interest to go to university.

Crafting a New Compact in the Public Interest

2021 ◽  
pp. 39-56
Author(s):  
Keith B. Alexander ◽  
Jamil N. Jaffer
Keyword(s):  
Civil Rights ◽  
National Security ◽  
Public Interest ◽  
Media Environment ◽  
The Public ◽  
Fair Treatment ◽  
The Press ◽  
The Media ◽  
The Government ◽  
The Relationship

Leaks of highly classified information, popular views of government national security efforts, and changes in the media environment in recent years have resulted in a significant decay in the relationship between the government and the media and public trust in both institutions. To correct this harmful trend, a significant recalibration of the government-media relationship and the establishment of a new compact between them would best serve the public interest. The government should be more transparent about its national security efforts and more self-critical in classification decisions and should explain national security activities it undertakes, defending and justifying classified programs in detail whenever possible. The press must likewise be willing to afford the government fair treatment, including noting government efforts to protect national security, and to appropriately balance civil rights and privacy. It is important that these institutions work together to establish new mores on classification, government transparency, and a more responsible approach to classified disclosures.

scholarly journals Do the Orthodox Rules of Lawyering Permit the Public Interest Advocate to Do the Right Thing: A Case Study of HIV-Infected Prisoners

1992 ◽  
Vol 30 (4) ◽  
pp. 1258
Author(s):  
Judith Mosoff
Keyword(s):  
Public Interest ◽  
Private Interest ◽  
Public Interest Litigation ◽  
The Public ◽  
The Right ◽  
The Relationship ◽  
Do The Right Thing

The author explores the area of public interest litigation using her experiences as counsel for an HIV infected prisoner to illustrate public interest concepts and concerns. The author first provides a background to the case and then discusses the special considerations that must be addressed in public interest litigation. She points out how this approach differs from private interest litigation in such areas as the overall goal of litigation and in the relationship between counsel and other actors. In concluding, the author notes particular areas that need to be examined and improved for more effective public interest litigation.

scholarly journals Maslahah dalam Penetapan Harga Barang

2018 ◽  
Vol 5 (1) ◽  
pp. 141-151
Author(s):  
Abdul Manan Ismail
Keyword(s):  
Public Interest ◽  
The Public ◽  
The Government ◽  
The Right ◽  
Individual Ownership

This study discusses the issue of pricing of goods or the controlled goods price based on maslahah. Basically, the pricing of a product is the right of seller, but the government can intervene if there are particular interests. In other words, individual ownership is recognized by Islam as long as it is in line with the spirit of Shariah and does not put aside the public interest. Keywords: Maslahah, pricing, goods, rights of seller, individual ownership. Abstrak Kajian ini membincangkan isu penetapan harga sesuatu barangan atau harga barangan terkawal berdasarkan dalil maslahah. Secara asasnya, penetapan harga sesuatu barang adalah hak penjual, namun demikian pemerintah boleh campurtangan sekiranya ada kepentingan- kepentingan tertentu. Dengan kata lain, pemilikan individu diperakui oleh Islam selagi mana ia selari dengan roh Syariat dan tidak mengetepikan kepentingan masyarakat umum. Kata kunci: Maslahah, penetapan harga, barang-barang, hak penjual, pemilikan individu.

scholarly journals PENGADAAN TANAH BAGI PELAKSANAAN PEMBANGUNAN UNTUK KEPENTINGAN UMUM

Solusi ◽  
2018 ◽  
Vol 16 (3) ◽  
pp. 241-252
Author(s):  
Abuyazid Bustomi
Keyword(s):  
Private Sector ◽  
Public Interest ◽  
Land Rights ◽  
Land Acquisition ◽  
Regional Government ◽  
The Public ◽  
Deliberation Process ◽  
The Government ◽  
The Right

Land acquisition is any activity to obtain land by providing compensation to those who release or surrender land, buildings, plants, and objects related to land. Land acquisition can be carried out by the private sector and the government. In the case of land acquisition by the private sector, the methods carried out are through buying and selling, exchanging, or other means agreed upon by the parties concerned, which can be carried out directly between interested parties (for example: between developers with the right holder) with compensation for the amount or type determined in the deliberation. Whereas in the case of land acquisition by the government or regional government for the implementation of development in the public interest, it can be carried out by releasing or surrendering land rights, or also by revoking land rights through deliberation. Procurement of land for the implementation of development in the public interest is carried out through deliberation with the aim of obtaining an agreement on the implementation of development in the specified location, along with the form and amount of compensation. The deliberation process carried out by the land acquisition committee and the rights holder is intended to ensure that the rights holders receive adequate compensation for their land.

scholarly journals PROBLEMATIKA PEMENUHAN HAK MENYAMPAIKAN PENDAPAT DAN PELANGGARAN TERHADAP HAK ATAS KESEHATAN DI INDONESIA

2021 ◽  
Vol 3 (4) ◽  
pp. 114-124
Author(s):  
Tat Marlina ◽  
Duwi Handoko
Keyword(s):  
Human Rights ◽  
Public Interest ◽  
Right To Health ◽  
Public Order ◽  
The Public ◽  
The Road ◽  
Research Problems ◽  
Displaced People ◽  
The Government ◽  
The Right

The purpose of this paper is to find out the problem of fulfilling the right to express opinions and violations of the right to health in Indonesia. This type of research is normative legal research specifically discussing human rights in the field of expressing opinions and rights to health. Data analysis in this study was carried out systematically based on the research problems described qualitatively. In relation to expressing opinions in public, such as demonstrations or demonstrations with many participants, restrictions on freedom are usually associated with "public order" or public orders. The most difficult is how to provide a balance between freedom and public order. Demonstrations by a number of doctors certainly have an impact on patient care, which in principle has harmed the public interest. In addition, the demonstration by blocking the road body certainly hurts the public interest, namely the interests of all road users. Based on the results of Komnas HAM's investigation, at least 15 types of human rights violations were affected by Lapindo mudflow victims. The problem when it is associated with the right to health is in the form of: not a few refugees whose health is disrupted resulting in people falling ill and some dying due to the absence of a proper environment for displaced people; and gas contaminated air and clean water facilities that are damaged are not handled properly by the government. Keywords: human rights, freedom of opinion, right to health

scholarly journals Land Acquisition for Public Interests: A Review from the Human Rights Context

2020 ◽  
Vol 1 (1) ◽  
pp. 23
Author(s):  
Yesi Nurmantiyas Sari ◽  
Rizal Nugroho ◽  
Al Khanif
Keyword(s):  
Human Rights ◽  
Property Rights ◽  
Public Interest ◽  
Legal Protection ◽  
Land Acquisition ◽  
The Public ◽  
The People ◽  
Or Groups ◽  
The Government ◽  
The Right

Land acquisition for public purposes is an activity intended for the public interest that uses community land. To be able to carry out development in the public interest, the government uses state land. If state land is not sufficient or cannot maximize development, the government can use land from individuals or groups by carrying out the land acquisition. In implementing land acquisition, the land acquisition team must pay attention to the rights of the people affected by land acquisition. Irregularities that often occur in the implementation of land acquisition are related to discrimination, intimidation, and violence. These rights are included in human rights, which must be upheld and protected because this is closely related to property rights. Human rights give an understanding that the right to own something is the right of every citizen, including the right to own land is one of the human rights inherent in each person per person in groups. While property rights must not be taken arbitrarily and against the law, such matters are regulated in Article 28H of the 1945 Constitution. This paper concludes that the construction activities of the New Yogyakarta International Airport (NYIA) carried out violated human rights; this is because the land acquisition team has committed violence, discrimination, and violence against the people affected by land acquisition. The form of legal protection provided by the government is proper compensation. 

Does Granting the Jordanian Government Exceptional Authorities in its Contracts Achieve the Economic Growth and Public Interest?

2020 ◽  
Vol 11 (2) ◽  
pp. 279
Author(s):  
Farouq Saber AL-SHIBLI
Keyword(s):  
Private Sector ◽  
Public Interest ◽  
Public Funding ◽  
Critical Evaluation ◽  
Legal Research ◽  
Administrative Contract ◽  
The Public ◽  
Public Projects ◽  
The People ◽  
The Government

Inadequate public funding and budgetary constraints are among the major problems that limit many governments’ abilities to finance infrastructure projects and offer services to the public. Recently many countries are seeking the involvement of their private sector through an agreement known as (administrative contract) to provide the public projects fund. The concept of administrative contracts is based on granting the government exceptional authorities that makes it the more powerful party in the contract and therefore capable of forcing contractors to carry out the public projects efficiently. Nevertheless, the private sector companies are not always willing to engage in a contract with the government, as there is a belief that the administration may misuse its exceptional privileges. The main objective of this paper is to examine methods available to guarantee the implementation of administrative contracts in a manner that achieves the best delivery of public services to the people from one hand, and to help the private sector to establish contracts with the government and provide them some guarantees for their investments from another hand. Accordingly, this article is based on the analytical legal research methodology to make a critical evaluation of the main obstacles facing administrative contracts in Jordan, and provide recommendations that may help avoiding the current prevailing issues.

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