scholarly journals KONSTRUKSI HAK MENGUASAI NEGARA DALAM TATA LAKSANA PENGADAAN TANAH BAGI KEPENTINGAN UMUM DI KABUPATEN SEMARANG

2014 ◽  
Vol 1 (2) ◽  
pp. 228
Author(s):  
Sumral Buru Manoe
Keyword(s):  
Negotiation Process ◽  
Trigger Factor ◽  
Land Acquisition ◽  
Research Approach ◽  
Land Conflict ◽  
Applicable Law ◽  
Toll Road ◽  
The People ◽  
State's Rights ◽  
The Right

In the implementation of land acquisition for public purposes (project Semarang-Solo toll road) there has been a priority of the State's Rights. implementation of the State's rights to land are not always parallel with the ideals of prosperity, welfare and even justice. The phenomenon of the right to control the state, namely the practice of takeover of the land belongs to the people in the name of public interest and or preferential right to control the country and even a common trigger factor land conflict. In the development of the law is not only focused on textuality laws alone but must also pay attention to the interests of the community that continues to grow, especially related to land issues. This study uses socio-legal research approach, meaning that not only reviewing an issue of legislation but also the reality that occurs in the community related to the problems discussed. the results obtained to mention that the process of land acquisition for the construction of the Semarang-Solo toll road in accordance with procedures applicable law, namely to put the negotiation process (consensus), especially about the amount of compensation awarded. However, a strong indication of consensus is not performed substantially, only meets the provisions of the Act alone.

scholarly journals KONSEP HUKUM PENGADAAN TANAH UNTUK PEMBANGUNAN JALAN TOL DALAM PERSPEKTIF HAK MENGUASAI NEGARA

Yurispruden ◽  
2020 ◽  
Vol 3 (1) ◽  
pp. 93
Author(s):  
Diyan Isnaeni
Keyword(s):  
Road Construction ◽  
The State ◽  
Customary Law ◽  
Land Acquisition ◽  
Legal Concept ◽  
Toll Road ◽  
The People ◽  
Road Development ◽  
The Government ◽  
The Right

ABSTRACT Problems faced by the government in the implementation of development include the issue of providing land for development itself, including the acquisition of land for toll road construction. because state land which is directly controlled by the state is limited or can be said to be almost nothing anymore. To acquire land for toll road development by the government by freeing people's land, both controlled by customary law, and other rights attached to it. In implementing Law Number 2 of 2012 as a juridical basis, the government carrying out land acquisition for toll road construction often creates problems both juridical and empirical.The legal concept of land acquisition for toll road development in the perspective of the right to control the state, must be returned to the nature of the public interest and the nature of the state's right to control for the greatest prosperity of the people by continuing to create development based on humanitarian principles, meaning that it must continue to prioritize and pay attention to private rights which constitute constitutional rights of the people. Keywords: Land Procurement, toll road construction   ABSTRAK Permasalahan yang dihadapi oleh pemerintah dalam pelaksanaan pembangunan diantaranya adalah masalah penyediaan tanah untuk pembangunan itu sendiri, termasuk pengadaan tanah untuk pembangunan jalan tol.  karena tanah negara yang dikuasai langsung oleh negara terbatas atau dapat dikatakan hampir tidak ada lagi. Untuk memperoleh tanah untuk pembangunan jalan tol oleh pemerintah dengan membebaskan tanah milik rakyat, baik yang dikuasai oleh hukum adat, maupun hak-hak lainnya yang melekat diatasnya. Dalam implementasinya Undang-Undang Nomor 2 Tahun 2012 sebagai landasan yuridis pemerintah melaksanakan pengadaan tanah untuk pembangunan jalan tol  sering menimbulkan permasalahan baik secara yuridis maupun empiris.Konsep hukum pengadaan tanah untuk pembangunan jalan tol dalam perspektif hak menguasai negara, harus dikembalikan pada hakekat kepentingan umum dan hakekat hak menguasai negara yaitu untuk sebesar-besar kemakmuran rakyat dengan tetap menciptakan pembangunan yang berlandaskan asas kemanusiaan artinya harus tetap  memprioritaskan dan memperhatikan hak privat yang merupakan hak konstitusional rakyat. Kata Kunci: Pengadaan Tanah, pembangunan jalan tol

The Nexus between Sovereignty and ‘Eminent Domain’ under the Land Acquisition Act, 1894, and the Land Act, 2013

Social Change ◽  
2018 ◽  
Vol 48 (2) ◽  
pp. 173-187
Author(s):  
Meenakshi Gogoi
Keyword(s):  
Eminent Domain ◽  
The State ◽  
Land Acquisition ◽  
Sovereign Power ◽  
Public Purpose ◽  
Land Acquisitions ◽  
The People ◽  
Indian State ◽  
Fair Compensation ◽  
The Right

The Indian state has used the colonial Land Acquisition Act (LAA), 1894, for acquiring land even without the consent of the people in the name of ‘public purpose’ and on payment of compensation, until it got repealed by a new act, the Right to Fair Compensation and Transparency in Land Acquisitions, Rehabilitation and Resettlement Act, 2013. The LAA, 1894 is an expression of the notion of ‘eminent domain’ and draws its sustenance from the sovereignty of the state. The understanding of sovereignty and to what extent the sovereign power of the state can use the concept of ‘eminent domain’ in the context of land acquisition remains a contentious issue. This article attempts to examine the notion of sovereignty and use of ‘eminent domain’ in the context of land acquisition in India. How does the inter-relationship between sovereignty and ‘eminent domain’ be understood according to the LAA, 1894 and the Land Act, 2013 has been discussed.

scholarly journals The Analysis of Consincing Money Deposits in The State Court As A Form of Accountability of Land Liberation Land Loading In Sumatera Toll Road In Kalianda State Court

2021 ◽  
Vol 7 (1) ◽  
pp. 70-78
Author(s):  
Dilla Nandya Oksitania ◽  
Erlina B ◽  
Yulia Hesti
Keyword(s):  
Land Ownership ◽  
Land Acquisition ◽  
District Court ◽  
State Court ◽  
Or Management ◽  
Toll Road ◽  
Middle Way ◽  
The People ◽  
Cash Payment ◽  
To Receive

Land is the most important element for humans to live, this is because land is a place where natural and man-made resources grow and are also built. Indonesia even regulates land ownership through this Land Law so that land use or management can be carried out carefully in the present and in the future. Land issue is a problem that concerns the most basic rights of the people. If the person in possession of the receivable refuses payment from the debtor, then the party owed can make cash payment of the debt by offering a payment made by the bailiff accompanied by 2 (two) witnesses. If the debtor refuses to receive payment, the money is deposited in the cash registrar of the District Court as a deposit / consignment. The offer and safekeeping must be legalized by a judge's order. By carrying out a consignment, it will be freed from the obligation as the debtor, because a consignment can be equated with making payments. However, all this must be done in a manner regulated by statutory regulations. KThe signaling was carried out after the deliberation mechanism which was supposed to be a means of finding a middle way in determining the amount of compensation often failed to reach an agreement. the consignment was carried out so that government projects for the sake of continued progress   Keywords: Consignment, Settlement of Land Acquisition Loss, Sumatran Toll Road  

scholarly journals KONSEP KEPENTINGAN UMUM DALAM PENGADAAN TANAH DIHUBUNGKAN DENGAN KEPASTIAN HUKUM

2020 ◽  
Vol 6 (1) ◽  
pp. 29
Author(s):  
RR. Meiti Asmorowati
Keyword(s):  
Public Interest ◽  
Secondary Data ◽  
Land Acquisition ◽  
Research Approach ◽  
Court Decisions ◽  
Legal Certainty ◽  
The People ◽  
State And Society ◽  
Analytical Research ◽  
Laws And Regulations

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.

scholarly journals ANALISIS KONSINYASI TITIPAN UANG DI PENGADILAN NEGERI SEBAGAI BENTUK PENYELESAIAN GANTI KERUGIAN PEMBEBASAN LAHAN JALAN TOL SUMATERA DI PENGADILAN NEGERI KALIANDA

2021 ◽  
Vol 19 (2) ◽  
pp. 92-103
Author(s):  
Dilla Nandya Oksitania ◽  
Erlina B ◽  
Yulia Hesti
Keyword(s):  
Land Use ◽  
Land Ownership ◽  
Land Acquisition ◽  
District Court ◽  
Land Law ◽  
Or Management ◽  
Toll Road ◽  
Middle Way ◽  
The People ◽  
Legal Consequences

Abstract Land is the most important element for humans to be able to live, this is because  it is where natural and man-made resources grow and are also built. Indonesia regulates land ownership through this land law so that land use or management can be carried out carefully now and in the future. The land issue concerns the most basic rights of the people. The purpose of the study was to determine the consignment process in the District Court as a form of settlement of compensation for toll road land acquisition and its legal consequences. The results showed that the consignment process for compensation began with an application for consignment safekeeping, then an offer was made by the court bailiff accompanied by 2 (two) witnesses at the respondent's residence. The consignment waives the obligation as the debtor, because the consignment can be equated with making payments. All processes must be carried out in a manner that has been regulated by laws and regulations. Consignment is carried out so that government projects continue to run, through a deliberation mechanism that should be a means to find a middle way in determining the amount of compensation, often no agreement is reached. Keywords : Sumatra Toll Road, Consignment, Land Acquisition.

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. 

scholarly journals Toward a comparative anthropology of activism: activist identity formations in Germany and Uganda

2021 ◽  
Author(s):  
Žiga Podgornik-Jakil ◽  
Jonas Bens
Keyword(s):  
Transitional Justice ◽  
Political Activism ◽  
Subject Position ◽  
Research Approach ◽  
Ongoing Debate ◽  
Political Consequences ◽  
The People ◽  
Material Conditions ◽  
The Right ◽  
Identity Formations

AbstractThere is an ongoing debate in anthropology on the kinds of subject positions activists ascribe to the marginalized actors they encounter and the political consequences this brings about. Drawing from ethnographic research on refugee activism in Germany and transitional justice activism in Uganda, we revisit the respective debates on humanitarian activism, human rights activism, and political activism and argue to reframe the analysis. Instead of looking for the “right” subject position activists should ascribe to the people they engage with, the anthropology of activism should embrace a research approach that looks at the material conditions, in which activists and their subjects find themselves in and the kind of agency they are able to develop within these conditions.

Analytical Study of Violence Theme in Victoria Schwab’s This Savage Song

2019 ◽  
Keyword(s):  
Analytical Study ◽  
Research Paper ◽  
The Novel ◽  
Vicious Cycle ◽  
Aggressive Approach ◽  
Research Article ◽  
The People ◽  
The Social ◽  
Different Dimensions ◽  
The Right

This research article focuses on the theme of violence and its representation by the characters of the novel “This Savage Song” by Victoria Schwab. How violence is transmitted through genes to next generations and to what extent socio- psycho factors are involved in it, has also been discussed. Similarly, in what manner violent events and deeds by the parents affect the psychology of children and how it inculcates aggressive behaviour in their minds has been studied. What role is played by the parents in grooming the personality of children and ultimately their decisions to choose the right or wrong way has been argued. In the light of the theory of Judith Harris, this research paper highlights all the phenomena involved: How the social hierarchy controls the behaviour. In addition, the aggressive approach of the people in their lives has been analyzed in the light of the study of second theorist Thomas W Blume. As the novel is a unique representation of supernatural characters, the monsters, which are the products of some cruel deeds, this research paper brings out different dimensions of human sufferings with respect to these supernatural beings. Moreover, the researcher also discusses that, in what manner the curse of violence creates an inevitable vicious cycle of cruel monsters that makes the life of the characters turbulent and miserable.

Main Forms of Propagandistic Activities of the Right-Wing Parties (1904–1914)

2020 ◽  
Vol 102 ◽  
pp. 656-676
Author(s):  
Igor V. Omeliyanchuk
Keyword(s):  
20Th Century ◽  
Social Groups ◽  
Right Wing ◽  
Periodical Press ◽  
Political Movement ◽  
The People ◽  
The Social ◽  
The Right ◽  
In The Beginning ◽  
The 19Th Century

The article examines the main forms and methods of agitation and propagandistic activities of monarchic parties in Russia in the beginning of the 20th century. Among them the author singles out such ones as periodical press, publication of books, brochures and flyers, organization of manifestations, religious processions, public prayers and funeral services, sending deputations to the monarch, organization of public lectures and readings for the people, as well as various philanthropic events. Using various forms of propagandistic activities the monarchists aspired to embrace all social groups and classes of the population in order to organize all-class and all-estate political movement in support of the autocracy. While they gained certain success in promoting their ideology, the Rights, nevertheless, lost to their adversaries from the radical opposition camp, as the monarchists constrained by their conservative ideology, could not promise immediate social and political changes to the population, and that fact was excessively used by their opponents. Moreover, the ideological paradigm of the Right camp expressed in the “Orthodoxy, Autocracy, Nationality” formula no longer agreed with the social and economic realities of Russia due to modernization processes that were underway in the country from the middle of the 19th century.

Paradigma Pembangunan Desa dalam Pengelolaan Keuangan Desa Berdasarkan Undang-Undang Nomor 6 Tahun 2014 Tentang Desa

2020 ◽  
Vol 3 (2) ◽  
pp. 117-132
Author(s):  
Betha Rahmasari
Keyword(s):  
Regional Development ◽  
Financial Management ◽  
Sustainable Use ◽  
Economic Potential ◽  
Village Community ◽  
Development Organizations ◽  
The People ◽  
The Government ◽  
The Right ◽  
The Village

This article aims to find out the developmentidea or paradigm through village financial management based on Law Number 6 of 2014 concerning Villages. In this study, the researcher used a normative research methodby examining the village regulations in depth. Primary legal materials are authoritatuve legal materials in the form of laws and regulations. Village dependence is the most obvious violence against village income or financial sources. Various financial assistance from the government has made the village dependent on financial sources from the government. The use of regional development funds is intended to support activities in the management of Regional Development organizations. Therefore, development funds should be managed properly and smoothly, as well as can be used effectively to increase the people economy in the regions. This research shows that the law was made to regulate and support the development of local economic potential as well as the sustainable use of natural resources and the environment, and that the village community has the right to obtain information and monitor the planning and implementation of village development.

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