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. 

Normative Juridical Review Comparison of Land Acquisition Regulations for Railway Infrastructure between Indonesia and Malaysia

2020 ◽  
Vol 4 (1) ◽  
Author(s):  
Dhina Setyo Oktaria ◽  
Agustinus Prasetyo Edi Wibowo
Keyword(s):  
Public Interest ◽  
Influencing Factor ◽  
Land Acquisition ◽  
Infrastructure Development ◽  
The Public ◽  
Indonesian Government ◽  
The People ◽  
Railway Infrastructure ◽  
The World ◽  
The Government

Land acquisition for public purposes, including for the construction of railroad infrastructure, is a matter that is proposed by all countries in the world. The Indonesian government or the Malaysian royal government needs land for railroad infrastructure development. To realize this, a regulation was made that became the legal umbrella for the government or royal government. The people must agree to regulations that require it. Land acquisition for public use in Malaysia can be completed quickly in Indonesia. The influencing factor is the different perceptions of the understanding of what are in the public interest, history and legal systems of the two countries as well as the people's reaction from the two countries

scholarly journals The right to peaceful enjoyment of property and the security measure of the forfeiture of cash in the jurisprudence of the Serbian Constitutional Court: Certain uncertainty

Pravni zapisi ◽  
2020 ◽  
Vol 11 (2) ◽  
pp. 620-644
Author(s):  
Tamás Korhecz
Keyword(s):  
Human Rights ◽  
Property Rights ◽  
Public Interest ◽  
Cash Transfer ◽  
Constitutional Court ◽  
The Public ◽  
Cross Border ◽  
Security Measure ◽  
European Court ◽  
The Right

The right to peaceful enjoyment of property is a first-generation human right, protected by the international and domestic law of the highest rank. This is not an absolute right - the European standards of protecting property rights allow possible interferences prescribed by law. The interferences can be made in the public interest but only under the assumption that the proportionality between the public interest and property rights of individuals at stake is established. Forfeiture of undeclared cash the individuals are transferring across state borders, together with imposing fines for a misdemeanor, represent an interference with individuals' property rights. The EU Member States do not share an identical system of sanctions for this petty offense, but there is a tendency of unification related to the monitoring, registering, and sanctioning of undeclared, cross-border, individual cash transfer. The case-law of the European Court of Human Rights has established rather precise criteria for distinguishing permitted from unpermitted interferences in cases of undeclared cross-border cash transfers. The Serbian Constitutional Court has been faced with several constitutional complaints regarding alleged unconstitutionally of the imposed security measure amounting to the forfeiture of undeclared cash physically transferred across the state borders. The Constitutional Court has ruled inconsistently on the matter. Although it has regularly referred to the European Court of Human Rights' relevant decisions, it fails to be consistent in following the Strasbourg Court's rulings. In this article, the author has suggested that the legal certainty principle requires the Constitutional Court to consistently interpret the constitutional rights and be systematic in following Strasbourg. Only in this way, the Constitutional Court can help regular courts effectively to harmonize the interpretation and application of laws with the constitutional and international human rights standards regarding property rights.

scholarly journals LEGAL PROTECTION OF PATENT RIGHTS IN INDONESIA

2019 ◽  
Author(s):  
ega yuliani
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Patent Protection ◽  
Legal Protection ◽  
The Public ◽  
Patent Rights ◽  
The Government ◽  
The Right ◽  
Privately Owned

AbstractIntellectual Property Rights are rights derived from the work, initiative and creativity in the form of a real man. Intellectual Property rights consist of privately owned property and Industry. Patents are part of Intellectual Property Rights in Industry. Patents are granted the right of the government and is exclusive. Exclusive rights of patent holders is the production of a patented item, usage and sales of goods and deeds relating to the import and sale of such goods store. Legal protection of intellectual property rights in the patent field ketetentuan regulated in Law Number 14 of 2001. In chapter 8, paragraph (1) time protection for 20 years from the date of receipt and can not be extended. And Article 9 set period of patent protection for simple for 10 (ten) years and can not be extended. Protection of intellectual property rights is no guarantee to the public to respect the right of initiative and the reaction and to provide protection will upload their work. The higher appreciation of the intellectual property rights of a nation then the future will be better.

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 LEGAL PROTECTION OF WEALTH RIGHTS INTELLECTUAL IN PATENT

2018 ◽  
Author(s):  
M Fadel Zulkarnain
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Patent Protection ◽  
Legal Protection ◽  
The Public ◽  
Article 9 ◽  
The Government ◽  
The Right ◽  
Privately Owned

AbstractIntellectual Property Rights are rights derived from the work, initiative and creativity in the form of a real man. Intellectual Property rights consist of privately owned property and Industry. Patents are part of Intellectual Property Rights in Industry. Patents are granted the right of the government and is exclusive. Exclusive rights of patent holders is the production of a patented item, usage and sales of goods and deeds relating to the import and sale of such goods store. Legal protection of intellectual property rights in the patent field ketetentuan regulated in Law Number 14 of 2001. In chapter 8, paragraph (1) time protection for 20 years from the date of receipt and can not be extended. And Article 9 set period of patent protection for simple for 10 (ten) years and can not be extended. Protection of intellectual property rights is no guarantee to the public to respect the right of initiative and the reaction and to provide protection will upload their work. The higher appreciation of the intellectual property rights of a nation then the future will be better. Keywords: Intellectual Property Rights, Patent Protection

scholarly journals LEGAL PROTECTION OF PATENT RIGHTS IN INDONESIA

2018 ◽  
Author(s):  
ega yuliani
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Patent Protection ◽  
Legal Protection ◽  
The Public ◽  
Patent Rights ◽  
The Government ◽  
The Right ◽  
Privately Owned

AbstractIntellectual Property Rights are rights derived from the work, initiative and creativity in the form of a real man. Intellectual Property rights consist of privately owned property and Industry. Patents are part of Intellectual Property Rights in Industry. Patents are granted the right of the government and is exclusive. Exclusive rights of patent holders is the production of a patented item, usage and sales of goods and deeds relating to the import and sale of such goods store. Legal protection of intellectual property rights in the patent field ketetentuan regulated in Law Number 14 of 2001. In chapter 8, paragraph (1) time protection for 20 years from the date of receipt and can not be extended. And Article 9 set period of patent protection for simple for 10 (ten) years and can not be extended. Protection of intellectual property rights is no guarantee to the public to respect the right of initiative and the reaction and to provide protection will upload their work. The higher appreciation of the intellectual property rights of a nation then the future will be better.

scholarly journals Limitations of Public Interest Clause in Land Acquisition So That Land Rights Holders Can Retain Their Rights

NORMA ◽  
2021 ◽  
Vol 18 (1) ◽  
pp. 58
Author(s):  
Rias Frihandini
Keyword(s):  
Public Interest ◽  
National Development ◽  
Legal Protection ◽  
Land Rights ◽  
The State ◽  
Public Interests ◽  
The Public ◽  
The People ◽  
The Government ◽  
Ownership Rights

This research aims to see and analyze legal protection for land rights holders who lost their land rights due to public interest clause, whether for the benefit of the state or the private sector. Based on the 1945 Constitution, it can be seen that the use of the earth (land), water, and natural resources contained therein by the state is required to be used for the greatest prosperity of the people, and not for certain elites from government agencies who need land. Limitations must be applied to this clause so that the use is not arbitrary because even though the land rights are ownership rights, it can lose since the Government carries it out. The public interest clause is always the way and the Government answer for those who refuse their land to be acquired. Research results are that public interests, which are the needs of many people or broad goals, must pay attention to social, political, psychological, vindication and security aspects based on the National development principle.Keywords: Land, Public Interest, Acquisition

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 Penyelesaian Sengketa dalam Pengadaan Tanah Bagi Pembangunan Jalan untuk Kepentingan Umum

SASI ◽  
2020 ◽  
Vol 26 (3) ◽  
pp. 415
Author(s):  
Fengky Kotalewala ◽  
Adonia Ivone Laturette ◽  
Novyta Uktolseja
Keyword(s):  
Public Interest ◽  
Legal Protection ◽  
Land Rights ◽  
Land Acquisition ◽  
Conceptual Approach ◽  
The Public ◽  
Classic Problem ◽  
The People ◽  
Road Development ◽  
Settlement Of Disputes

Land acquisition for the construction of roads in the public interest is a classic problem that always creates turmoil in the community. This study aims to analyze land acquisition followed by land acquisition belonging to the people, always causing disputes that sometimes lead to violence or at least lead to court. The research method used normative research with a statute approach and a conceptual approach and analyzed descriptive qualitative. Based on the Research Results, it is indicated that Settlement of disputes in Land Procurement for Road Development in the public interest should be carried out to the maximum extent possible through consultation and / or through non-litigation or settlement outside the Court. Land Procurement for Development for public purposes, give Honor to holders Land Rights by providing legal protection and by providing fair and appropriate compensation to the rightful parties, but in reality often the holders of the rights granted experience a decline in quality compared to the original situation before the release of land rights.

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