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 Hak Atas Tanah Pada Kawasan Konservasi

2021 ◽  
Vol 1 (1) ◽  
pp. 40
Author(s):  
Orias Reizal De Rooy ◽  
Hendrik Salmon ◽  
Reny Heronia Nendissa
Keyword(s):  
Public Interest ◽  
Land Rights ◽  
The State ◽  
Conservation Areas ◽  
The Public ◽  
Basic Rights ◽  
The People ◽  
The Government ◽  
Legal Concepts ◽  
Laws And Regulations

Introduction: Regulation of the land control and land use on conservation areas, especially in coastal and coastal areas refers to the agrarian regulation in general, both for the benefit of the government and the public interest. The public interest is related to the rights that the State can give to its people for certain objects. Concerning the rights of the people, the state constitution guarantees the existence of the basic rights of the people, not only to the rights to land but also to other basic rights that are indeed held by the people and must be protected by the State.Purposes of the Research: Analyze the status of land rights in conservation areas and the legal consequences of land rights in conservation areas.Methods of the Research: The research methods used in this article is Normative Research, which is to examines and identify laws and regulations as well as legal concepts, especially about Land Rights on Conservation Areas to be the subject of study in finding the answers to the issues above.Results of the Research: The nature of the law which is always open and dynamic following the dynamics of changing community needs is expected to be able to answer the need for legal certainty itself through synchronization and harmonization of laws and regulations that explicitly regulate control and use of land in conservation areas that can guarantee certainty of community rights in the area. the coast.

scholarly journals Perlindungan Hukum terhadap Hak Milik Atas Tanah untuk Pembangunan Kepentingan Umum

2020 ◽  
Vol 1 (1) ◽  
pp. 95-100
Author(s):  
Made Ayu Wangi Utari Suryatika ◽  
I Gusti Bagus Suryawan ◽  
I Wayan Arthanaya
Keyword(s):  
National Development ◽  
Legal Protection ◽  
Land Rights ◽  
Analytical Form ◽  
Careful Consideration ◽  
Public Interests ◽  
Human Needs ◽  
The Government ◽  
Materials Used ◽  
The Right

The role of land is very important in addition to being the capital for administering the life of the state but also the life of the people. Land function as the fulfillment  of  human  needs  in  many  aspects  such  as     for  housing,  agriculture, plantations, and industrial activities that require the availability of land. Land has a social function, where one of the government's efforts in the context of national development is development in the public interest, such as the construction of highways, people's settlements,  traditional  markets,  construction  of  mall  buildings  and  so  on.  So  the problem under investigation is What is the form of legal protection of land rights for the development of public interests, and how is the mechanism for compensating land rights for development of public interests. The method used is normative legal research with legislation and conceptual approaches, as well as sources of legal materials used are primary and secondary legal materials with collection techniques of library legal materials that are analyzed quantitatively in a descriptive analytical form. Based on the results of research and analysis, a conclusion can be drawn from legal protection of land rights that there are two forms of legal protection, namely preventive legal protection and repressive legal protection, in addition, Article 1 number 10 of Law No. 2 of 2012 is the basis of compensation for holders of land rights. The advice that can be delivered is that in practice the holders of land rights are often not satisfied with the compensation provided,  according  to  which  the  amount  of  compensation  is  not  proportional  to material and material losses. Therefore, it is expected that the government as the land acquisition party applies an objective objectivity where careful consideration and calculation are carried out, so that the compensation as expected by the holder of the right to the land and even later the compensation can become compensation.

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 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 PENGALIHAN HAK ATAS TANAH UNTUK KEPENTINGAN UMUM MENURUT HUKUM ISLAM

2020 ◽  
Vol 8 (2) ◽  
pp. 287-310
Author(s):  
Faozi Latif ◽  
Asep Sunarko
Keyword(s):  
Public Interest ◽  
Islamic Law ◽  
Land Rights ◽  
Public Interests ◽  
The Public ◽  
Library Research ◽  
Ownership Rights

Transfer of land rights for public interest in the community often occurs. The transfer of land is done for various purposes, including the construction of roads, hospitals, places of education, places of worship and others. This research is pursued in the discussion of the process of transferring land rights in the public interest according to Islamic law and the consequences for the transfer of ownership rights to land in the public interest. This research uses library research. The results of the study explained that in Islamic law the transfer of land rights was carried out in the time of the Prophet and also shahaba. Transfer of land rights for public interest in Islam can be done through buying and selling or compensation and endowments. After the transfer of land rights, the rights to manage and use the land are transferred to the second party.  Keywords: Land, Public Interests, Waqf.

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 Kepastian Dan Perlindungan Hukum Terhadap Pemegang Sertifikat Hak Milik Atas Tanah Berdasarkan Undang-Undang No.5 Tahun 1960 Tentang Peraturan Pokok-Pokok Agraria

2019 ◽  
Vol 19 (1) ◽  
pp. 74-84
Author(s):  
Jawakil Butarbutar
Keyword(s):  
Property Rights ◽  
Legal Protection ◽  
Land Rights ◽  
Legal Certainty ◽  
Basic Law ◽  
The People ◽  
The Status ◽  
The Government ◽  
Ownership Rights ◽  
Definite Role

This research is related to the Basic Agrarian Law which regulates land rights including property rights by registering the rights to their land to obtain ownership rights intended for maintain legal certainty and legal protection for holders of property rights over land. For this reason, it is important to socialize the importance of registering uncertified land to become certified land for legal certainty and protection of holders of property rights on the land to avoid land problems in the community. For this reason legal certainty and protection are needed so that the status of land owned by the people is clear as well as all actions taken relating to the land such as transfer, inheritance, transfer of rights, revocation / exemption and abolition of the land rights. With the certificate, the government has a definite role to provide legal protection to the  holders of property rights because the certified land has been registered at the landoffice and it becomes an obligation for the government to protect it. Keywords: Legal Certainty and Protection, Holders of Certificates of Ownership,  Agrarian Basic Law.

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.

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

Legal Characteristics of a Servitude in the Public Interest

2016 ◽  
Vol 14 (4) ◽  
pp. 937-939
Author(s):  
Renato Vrenčur ◽  
Michael Knaus ◽  
Matjaž Tratnik
Keyword(s):  
Public Interest ◽  
Economic Activity ◽  
The State ◽  
Public Infrastructure ◽  
Public Interests ◽  
The Public ◽  
Legal Nature ◽  
Set Up ◽  
The Right ◽  
Limited Duration

Servitudes (easements) traditionally include the right to use foreign property. Specific types of servitudes are servitudes in the public interest. These are set up either in favour of the state, municipalities or operators of utilities. These servitudes are subject to some specific rules. For example, servitude in the public interest is established to carry out an undertaking for the operation of economic activity, i.e. to pursue public interests. It is needed for the duration of the use of public infrastructure; therefore, Article 227 of SPZ, under which a servitude may only be established for a limited duration of not more than thirty years, is not suitable for these servitudes. Furthermore, these servitudes are not independently transferable; they are transferred together with the right to operate economic public infrastructure. The authors discuss in particular the specific legal nature of a servitude in the public interest.

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