scholarly journals NON PHYSICAL LOSS POLICY ON LAND PROCUREMENT FOR GENERAL INTERESTS BASED ON SOCIAL JUSTICE VALUES

2017 ◽  
Vol 1 (1) ◽  
pp. 17
Author(s):  
Iga Santi

This paper aims to examine non-physical loss in land procurement based on justice value. This study was conducted considering many problems arising from the current phenomenon in which people of Indonesia have not got their rights fairly. Whereas in the mandate of Constitution Article 33 of the 1945 Constitution states that the earth and water and natural resources contained therein are controlled by the state and used for the greatest prosperity of the people. The primary data was obtained from direct interviews with related parties, while secondary data were obtained from literature study. The result shows that people's behavior is strongly influenced by the culture exists in society. The culture of society includes religious values and social values. Government recognition by paying attention to the values in society in the determination of non-physical compensation will prevent prolonged conflicts that occur in the process of land acquisition for the public interest, and there are still many articles that need to be reviewed that immediately review the Article 33 letter f, Article 42 Paragraph 1 jo Article 43 UUPT Year 2012 to better reflect justice for eligible citizens and communities affected by development for the public interest.

2017 ◽  
Vol 18 (2) ◽  
Author(s):  
Faisal Grahadi Wibowo ◽  
Qonita Hasna'ul Aini ◽  
Antonius Eko Sunardi ◽  
Naiva Urfi Layyinah ◽  
Sari Viciawati Machdum

<br /><table class="data" width="100%"><tbody><tr valign="top"><td class="value"><p>Bojongkoneng village in Bogor Regency is an area that is vulnerable to landslide disaster. Previous research has shown that Bojongkoneng village has local wisdom that can be used to reduce damage risk from landslide disaster. This article discusses about the form of local wisdom in disaster mitigation by analyzing from the public relations in Bojongkoneng village with environment. This research was conducted with qualitative descriptive approach, using primary data technique through observation, interview, and documentation, and secondary data through literature study. The results reveal that Bojongkoneng people has some form of local wisdom that has been used as an effort to mitigate landslide disaster that can be described through the identity of Bojongkoneng people related to relation of theyself with environment, relation of the people with environment on affection aspect, and relation of the people with its environment in fulfilling their life necessities.</p></td></tr></tbody></table>


2020 ◽  
Vol 6 (1) ◽  
Author(s):  
Muhammad Jibril ◽  
Arvel Mulia Pratama ◽  
Jinan Raidangi

Abstract: Land Acquisition for Development in the Public Interest in Indonesia still often causes polemic, as is still often found in various mass media. The problem in the implementation of land aquisition is because the Law of the Republic of Indonesia Number 2 of 2012 concerning Land Aquisition for Development in the Public Interest, and the Presidential Regulation that follows it, has not rigidly stipulated the basis for determining the compensation value used to determine the compensation value. This research was conducted by making a comparison between ius constitutum and in concreto events in the field. Primary data in this study were obtained byinterviewing several sources in August 2017, which can be accounted for, while the secondary data were obtained byliterature studies. Based on the research, it is known that there is injustice in determining the value of compensation to the entitled parties. Seeing this, the author tried to describe the existing problems and provide solutions tailored to the situation and conditions in land aquisition in Indonesia. This was intended to actualize the value of social justice in the aquisition of land for development in the public interest in Indonesia.Intisari: Pengadaan Tanah bagi Pembangunan untuk Kepentingan Umum di Indonesia masih sering menimbulkan polemik, sebagaimana yang masih kerap ditemui dalam berbagai media massa. Permasalahan dalam pelaksanaan pengadaan tanah disebabkan karena Undang-Undang Republik Indonesia Nomor 2 Tahun 2012 tentang Pengadaan Tanah Bagi Pembangunan Untuk Kepentingan Umum, serta Peraturan Presiden yang mengikutinya belum mengatur secara rigid tentang dasar penetapan nilai ganti kerugian yang digunakan untuk menetapkan nilai ganti kerugian. Kajian ini dilakukan dengan melakukan komparisi antara ius constitutum dengan peristiwa in concreto yang ada di lapangan. Data primer dalam kajian ini diperoleh dari hasil wawancara dari beberapa narasumber pada Agustus 2017 yang dapat dipertanggungjawabkan dan data sekunder dalam kajian ini diperoleh dari studi kepustakaan. Berdasarkan penelitian diketahui bahwa terdapat ketidakadilan dalam penetapan nilai ganti kerugian terhadap pihak-pihak yang berhak. Melihat hal tersebut penulis mencoba menguraikan permasalahan yang ada dan memberikan solusi yang disesuaikan dengan situasi dan kondisi dalam pengadaan tanah di Indonesia. Hal ini dimaksudkan untuk mengaktualisasikan nilai keadilan sosial dalam pengadaan tanah bagi pembangunan untuk kepentingan umum di Indonesia 


Author(s):  
Debby Khristina ◽  
Kurnia Warman ◽  
Hengki Andora

Deposit of compensation at the Court which is carried out in land acquisition for the public interest is one of the solutions to accelerate the development process. The disagreement of the parties regarding compensation has made the agency managing the project use a consignment mechanism to solve this compensation problem. Therefore, this research is focused on 3 (three) main problems. First, what is the process of assessing and determining compensation for land acquisition for the construction of the Padang-Pekanbaru toll road on Jalan Padang-Sicincin? Second, what is the process of filing an objection to the determination of the form and / or amount of compensation at the Pariaman District Court? Third, how is the implementation of deposit for compensation in land acquisition for the construction of the Padang-Pekanbaru toll road on the Padang-Sicincin road? This type of research is empirical juridical legal research and to answer the above problems, this study uses primary data and secondary data. Primary data is obtained through field research, while secondary data is obtained from tracing laws and regulations and decisions of Constitutional Court judges. The data analysis was conducted in a descriptive qualitative manner. The results showed that the process of appraising and determining compensation for land acquisition was carried out starting from the process of appointing the appraisal team, the assessment of compensation by the appraisal team, deliberation, and the process of determining the compensation. The appointment of an appraisal team is determined by the Chief Executive of Land Acquisition using the direct procurement method. The appraiser makes an appraisal using the Fair Replacement Value and refers to the SPI 306 Technical Guidelines. The results of the appraisal are used as the basis for deliberations to determine compensation. The fact is that the deliberations are carried out as it should be, but the price set by the Appraiser (Appraisal) is as if only a final price that must be agreed upon by the entitled Party, even though the price recommended by the Appraisal is a price that is the price for negotiating with the community land owner. The process for filing an objection to the determination of the form and / or amount of compensation at the Pariaman District Court is in accordance with the Supreme Court Regulation No.3 of 2016 and is a form of legal protection for land rights owners. The implementation of land’s deposit compensation at the Pariaman District Court is carried out in accordance with the Supreme Court Regulation Number 3 of 2016 and in the Compensation of the Damages awaits a court process that has permanent legal force so that the money can be given to the party entitled to receive it


2020 ◽  
Vol 4 (1) ◽  
Author(s):  
Dhina Setyo Oktaria ◽  
Agustinus Prasetyo Edi Wibowo

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


Jurnal Akta ◽  
2017 ◽  
Vol 4 (3) ◽  
pp. 425
Author(s):  
Rifan Agrisal Ruslan ◽  
Umar Ma’ruf

The purpose of writing in this study is the first, to know and analyze factors Some people in Tinanggea Sub-District South Konawe Regency of Southeast Sulawesi that has not yet had legal awareness in the act of buying and selling land ownership in the presence of PPAT. Second, To know and Analyze Efforts - Local Government efforts in awakening the community in District Tinanggea South Konawe Southeast Sulawesi against the sale and purchase of land ownership in the presence of PPAT. Third To know to be done in order to Maasyarakat in Tinanggea Sub-District of Konawe Selatan Regency in Sulawesi Teggara performs the sale and purchase of land ownership in the presence of PPAT.The approach method used in this research is empirical juridical. Juridically, this research is based on the rule of law of Basic Agrarian Law and Government Regulation Number 37 Year 1998 juncto Government Regulation Number 24 Year 2016. Empirically, this study aims to know about the rules related to the transfer of land rights with the fact that occurred that deviate from the rules that prevail in the District Tinanggea South Konawe Southeast Sulawesi. Specification of Research that is the object of research is the plot of land is the transfer of Rights to Land with the act of buying and selling of land ownership in the presence of PPAT conducted. Sources and Techniques Data collection is primary data obtained from interviews conducted by 30 respondents and secondary data obtained from the opinions of scholars and literature review. Then Theory in use is Position Theory, Authority Theory and Theory of Legal Certainty.From the results of research can be concluded that the legal consciousness of the people of Tinanggea Sub-District of South Konawe Regency of Southeast Sulawesi is related to the transfer of land rights due to the sale and purchase of land ownership in the presence of the First PPAT: Caused by lack of PPAT and PPATS in the community, which is set by the competent authorities, Caused by a very high kinship and Due to a very low legal community awareness. The second is the government's efforts in the form of socialization held by the local revenue agency related Value Object Tax (NJOP), Tinanggea sub-district office along with jejerannya Kelurahan and village appealed and made a place for reporting / consultation related to the transfer of rights of Sale and Purchase of Land, Cooperation undertaken by Tinanggea Subdistrict Sub-District and Village that make the Letter of Statement of Physical Land Mastery (SPPFT) that the letter is known by Kecamatan Kelurahan and Desa. The third is: The ideal concept of the author's research is the legal counseling to the public to grow knowledge to the public about the importance of legal awareness of the act of buying and selling land ownership in the presence of PPAT, Socialization of the sale and purchase of land ownership in the presence of PPAT. As a form of government service to the public in awakening the rights and obligations of the people in the eyes of the law and Data Collection and the making of Land Book is aimed to record and provide a legal protection for the community so that no land grab or land disputes.Keywords: Legal Awareness, Sale and Purchase, Tinanggea Sub-district.


2018 ◽  
Vol 7 (4) ◽  
pp. 432-446
Author(s):  
Assafrul Ali Adhim ◽  
Etty Soesilowati

Tujuan penelitian ini untuk mengetahui pola rantai distribusi perikanan, margin keuntungan setiap pelaku tata niaga perikanan, dan mencarikan model distribusi alternatif untuk perikanan tangkap laut di Kabupaten Kendal. Metode yang digunakan yaitu pendekatan deskriptif kuantitatif guna untuk mengetahui pola rantai distribusi perikanan, margin pemasaran, dan penentuan model distribusi alternatif. Jenis data yaitu data sekunder, dan data primer yang di ambil langsung dari 93 nelayan, 50 pedagang pengecer, 35 pedagang sedang, dan 10 pedagang besar. Teknik pengumpulan data yang digunakan yaitu interview, kuesioner, observasi, dan studi pustaka. Hasil dalam penelitian ini yaitu sekurang-kurangnya terdapat tiga pola distribusi namun hanya ada dua pola yang paling dominan yaitu pola pertama: nelayan ke pedagang sedang ke pedagang besar ke pabrik atau pasar tradisional. Pola yang kedua yaitu nelayan ke pedagang sedang ke pedagang pengecer ke konsumen akhir. Margin pemasaran untuk Cumi-cumi tertinggi terjadi pada pedagang besar (21%), Pedagang sedang (8,6%), dan pedagang pengecer (5,7%). Udang tertinggi pada pedagang besar (13,7%), pedagang sedang (5%), pedagang pengecer (3,9%). Ikan Kembung tertinggi pada pedagang besar (31%), pedagang pengecer (11%), pedagang sedang (9%).     The purpose of this research is to know the pattern of fishery distribution chain, profit margin of every fishery trading actors, and to find alternative distribution model for marine catch fishery in Kendal Regency. The method used is quantitative descriptive approach in order to know the pattern of fishery distribution chain, marketing margin, and the determination of alternative distribution model. The types of data are secondary data, and primary data taken directly from 93 fishermen, 50 retailers, 35 medium traders, and 10 wholesalers. Data collection techniques used were interview, questionnaire, observation, and literature study. The result of this research is that there are at least three distribution patterns but there are only two most dominant patterns, namely the first pattern: fishermen to medium traders to wholesalers to factories or traditional markets. The second pattern is the fisherman to the merchant is to the retailer to the end consumer. The highest marketing margin for Squid occurred in wholesalers (21%), Traders (8.6%), and retailers (5.7%). The highest shrimp on wholesalers (13.7%), medium traders (5%), retailers (3.9%). The highest stocks were in big traders (31%), retailers (11%), traders (9%).


2019 ◽  
Vol 7 (1) ◽  
pp. 126
Author(s):  
I Putu Ngurah Wibawa ◽  
I Nyoman Sunarta

Pejukutan Village has very good natural and maritime potential, one of which is Atuh Beach's tourism potential which has a white sand beach with very good reefs, Melonteng Hill, Tree House, Diamond Clip besides that at Atuh Beach, there are 4 (four) islands large coral, namely Batu Melawang or Pepadasan Island, Batu Paon Island, Batu Abah Island and Batu Jineng Island, this is one of the attractions of Atuh Beach. In this study, the data obtained by way, observation, in-depth interviews, documentation studies, literature study. Using data types in the form of qualitative and quantitative, while the data source in the form of primary data and secondary data. Data analysis used in this research is descriptive qualitative analysis and analysis SWOT matrix (Strength, Weaknesses, Opportunities, Threats). The results research is Atuh Beach as a marine tourism and natural tourism with the potential possessed such as the scenery possessed by Atuh Beach which is flanked by two hills from the left and right, underwater scenery, has coral islands such as Batu Melawang Island or Pepadasan ( Batu Bolong), Batu Paon Island, Batu Abah Island and Batu Jineng Island, Melonteng Hill, Throwing Tree House and Diamond Clip. the people of Pcantutan Village are mostly farmers. Aside from being a farmer in the Potanutan Village community, they are also craftsmen in weaving and raising livestock. The Village of Pejukutan has Baris Jangkang Dance, this dance is performed when accompanying certain ceremonies.   Keyword : Strategy Development, Potency, Maritime Tourism


Esensi Hukum ◽  
2020 ◽  
Vol 2 (2) ◽  
pp. 48-63
Author(s):  
Arman Tjoneng ◽  
Christin Septina Basani ◽  
Novalita Sidabutar

Abstract The Corruption Eradication Commission (KPK) has become a super institution with extraordinary restraint. With the new Corruption Eradication Commission Law, some people think that the KPK has been weakened, which has been an institution loved by the public, even though the government denies that the new KPK Law has not weakened the KPK at all. One of the new things is the formation of the KPK Supervisory Body, one of which has the authority to grant permission to the KPK to conduct searches, which in fact has an impact on the problems at hand. The method used is a normative legal research method. The approach used is a statutory approach. The data used are secondary data obtained by literature study and primary data obtained by conducting interviews with related party respondents. There has been a shift in the meaning of Barriers to Justice as stated in Article 221 of the Criminal Code with Article 221 of the Corruption Eradication Law where Article 221 of the Criminal Code views Obstruction of Justice as a material offense while for Article 21 of the Corruption Eradication Law, Judicial Obstruction is seen as a formal offense. On the other hand, the actions of the Supervisory Board in granting licenses for searches, confiscation, etc. are not automatically considered a disturbance of justice unless it can be proven that the elements of wrongdoing committed by the Supervisory Board can be proven.   Keywords : Corruption, Authority, Obstruction Of Justice.   ABSTRAK Komisi Pemberantasan Korupsi (KPK) telah menjadi lembaga super dengan pengekangan yang luar biasa. Dengan adanya Undang-Undang KPK yang baru, sebagian orang menilai telah terjadi pelemahan KPK yang selama ini menjadi institusi yang dicintai masyarakat, padahal pemerintah membantah bahwa Undang-Undang KPK yang baru sama sekali tidak melemahkan KPK. Salah satu hal baru yaitu adalah pembentukan Badan Pengawas KPK yang salah satunya memiliki kewenangan untuk memberikan izin kepada KPK untuk melakukan penggeledahan, yang ternyata berdampak pada permasalahan yang sedang dihadapi. Metode yang digunakan adalah metode penelitian hukum normatif. Pendekatan yang digunakan adalah pendekatan statutori. Data yang digunakan adalah data sekunder yang diperoleh dengan studi pustaka dan data primer diperoleh dengan melakukan wawancara dengan responden pihak terkait. Telah terjadi pergeseran makna Hambatan Keadilan sebagaimana tertuang dalam Pasal 221 KUHP dengan Pasal 221 Undang-Undang Pemberantasan Korupsi dimana Pasal 221 KUHP memandang Obstruksi Keadilan sebagai delik material sedangkan untuk Pasal 21 Undang-Undang Pemberantasan Korupsi, Obstruksi Peradilan dipandang sebagai delik formal. Di sisi lain, tindakan Dewan Pengawas dalam pemberian izin penggeledahan, penyitaan, dan lain-lain tidak serta merta dianggap sebagai gangguan keadilan kecuali dapat dibuktikan bahwa unsur-unsur perbuatan salah yang dilakukan Dewan Pengawas dapat dibuktikan. Kata Kunci: Korupsi, Otoritas, Obstruksi Keadilan.


2021 ◽  
Vol 6 (1) ◽  
pp. 82
Author(s):  
Lesta Indra Waspada ◽  
Syamsuddin Muchtar ◽  
Amir Ilyas

The purpose of this study was to analyze the efforts of the police in overcoming criminal acts of corruption and to analyze the obstacles faced by the police in overcoming criminal acts of corruption. The study used empirical research type. Data collection techniques in this study were through direct interviews with respondents as the primary data source and through literature study as a secondary data source. The data analysis technique used was qualitative technique. The results showed that the efforts made by the police to tackle corruption were in the form of preemptive, preventive, and repressive measures. Preemptive efforts were in the form of educating the public through pamphlets, brochures, and banners that contained all matters relating to corruption. Preventive efforts by way of synergizing with law enforcement officials, improving coordination, investigation, and investigation functions in ten areas prone to corruption, and responding to public demanded to accelerate investigations. Repressive measures in the form of sanctions against corruptors in accordance with the law. The obstacles faced in overcoming corruption were internal constraints, namely the slow disbursement of program budgets for pre-emptive and preventive activities, as well as external obstacles, namely the lack of understanding of corruption by the public.


2020 ◽  
Vol 6 (1) ◽  
pp. 29
Author(s):  
RR. Meiti Asmorowati

The debate arises regarding the meaning of the concept of public interest. The concept of public interest changes, not the same/different so it is not clear, not firm and not standard, both in regulations, in the opinion of experts, in court decisions, and the implementation of land acquisition. As a result of the concept of public interest is interpreted differently, namely interpreted in the interests of the private, business (commercial) and financiers to seek maximum profits. The research approach used is juridical normative, with the nature of descriptive-analytical research. The research source uses secondary data consisting of primary, secondary, and tertiary legal materials. The results of the first research are the concept of public interest in land acquisition, that the concept of public interest is regulated in several laws and regulations, in the opinion of experts, court decisions, and implementation of non-standard land acquisition. The concept of public interest in Article 1 Number (6) of Law No. 2 of 2012 is not clear. For this reason, the concept of public interest is made standard so that it is not interpreted differently, that is, interpreted for business purposes in the context of seeking profit. If interpreted for business purposes, it is not useful for everyone, including the community and the state. The results of the research of the two concepts of public interest in the land acquisition are related to legal certainty, that the concept of public interest is regulated in several laws and regulations, in the opinion of experts, court decisions, and the implementation of non-standard land acquisition, then there is no legal certainty. The concept of public interest in Article 1 Number (6) of Law No. 2 of 2012 is unclear which ultimately does not provide legal certainty. The meaning of legal certainty is order, what is allowed, and what is not allowed. To guarantee legal certainty, the concept of public interest in the article is added to the element of public interest that is not for business purposes, so that the article is in the interest of the nation, state, and society as much as possible for the prosperity of the people and not for business. Keywords : Public Interest, Land Acquisition, Benefit Principle.


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