Legal remedies for land rights affected by acquisition to the construction of permanent housing fulfilling the need for post-earthquake shelter in Palu

Basically, the state has the authority to regulate the use of land rights in the territory of Indonesia. However, the problem that often occurs is the disagreement between the Land Acquisition Committee and the holders of land rights in determining the amount of compensation, resulting in problems such as what happened in Palu after the earthquake which flattened housing buildings and required a plot of land for housing construction. Therefore, the aim of this research is to explore legal efforts for land rights that are affected by the acquisition for the construction of permanent housing to meet housing needs after the earthquake in Palu. The research method that used is legal research, while the approach that used in this research is statute approach. The results of data analysis shows the legal action of land rights holders that are affected by land acquisition for the construction of permanent housing by means of certificate cancellation, the cancellation of the certificate is based on law. Land acquisition for the public interest, including the interests of the nation and the State as well as the common interest of the people, can revoke land rights by giving compensation.

Download Full-text

PENERAPAN PRINSIP KEPENTINGAN UMUM TERHADAP KEBERADAAN TANAH TERLANTAR DI INDONESIA

Jurnal Magister Hukum Udayana (Udayana Master Law Journal) ◽

10.24843/jmhu.2017.v06.i03.p09 ◽

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).

Download Full-text

Rekonstruksi Kebijakan Tanah Eks Kerajaan Di Indonesia Berbasis Nilai Keadilan Sosial (Studi Kasus Tanah Eks Kerajaan Di Bali)

BHUMI Jurnal Agraria dan Pertanahan ◽

10.31292/jb.v5i2.370 ◽

2019 ◽

Vol 5 (2) ◽

pp. 195-207

Author(s):

Iga Gangga Santi Dewi

Keyword(s):

Land Rights ◽

The State ◽

Land Policy ◽

Land Acquisition ◽

Whole Process ◽

The People ◽

Private Rights ◽

New Construction ◽

Land Policies ◽

The Ideal

Abstract: The phenomenon of substantive injustice related to the kingdom land policy of in the Dictum IV letter A of the UUPA which states that “The rights and authorities of the land and water of the Swapraja or former Swapraja (kingdom) which still exist at the time of entry into force of this law are removed and transferred to the State”, is an injustice felt by former kingdom, considering that land rights are private rights that cannot be taken arbitrarily. This happened also because there was no proper compensation for the loss of the rights of their comfort in life due to arbitrary land acquisition by the state. Land Office must be a progressiveminded office which is able to interpret which laws need to be applied to realize substantial justice and which laws already contain justice. The ideal new construction of the concept of justice in former kingdom land policies based on progressive law is nothing but to realize substantial justice. The whole process of the operation of the legal implementation instrument (Land Office) must be verifiable into the factors of justice, welfare, concern for the people and others, all of which has been contained in the values of Pancasila. Intisari: Fenomena ketidakadilan substantif terkait kebijakan tanah eks kerajaan dalam Diktum IV huruf A UUPA bahwa “Hak-hak dan wewenang-wewenang atas bumi dan air dari Swapraja atau bekas Swapraja (kerajaan) yang masih ada pada waktu mulai berlakunya undang-undang ini hapus dan beralih kepada Negara”, merupakan ketidakadilan yang dirasakan oleh pihak eks kerajaan mengingat hak atas tanah adalah hak pribadi yang tidak boleh diambil sewenang-wenang. Hal ini terjadi juga karena tidak diberikannya ganti rugi yang layak atas kehilangan hak-hak kenyamanan kehidupan mereka akibat pengambilalihan tanah secara sewenang-wenang oleh negara. Kantor Pertanahan harus berpikiran progresif yang mampu menafsirkan mana hukum yang perlu diterapkan untuk mewujudkan keadilan substansial dan mana hukum yang sebenarnya sudah mengandung keadilan. Konstruksi baru yang ideal yaitu konsep keadilan dalam kebijakan tanah eks kerajaan berbasis hukum progresif, tidak lain adalah untuk mewujudkan keadilan substansial. Seluruh proses bekerjanya instrumen pelaksana hukum (Kantor Pertanahan) tersebut harus bisa diverifikasi ke dalam faktor-faktor keadilan, kesejahteraan, kepedulian kepada rakyat, yang kesemuanya itu telah terkandung dalam nilai-nilai Pancasila.

Download Full-text

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

NORMA ◽

10.30742/nlj.v18i1.1291 ◽

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

Download Full-text

An Analysis of Principle of Erga Omnes Partes with Special Reference to the Case of Belgium v. Senegal, 2012

Kathmandu School of Law Review ◽

10.46985/jms.v6i1.957 ◽

2018 ◽

pp. 193-198

Author(s):

Prajwol Bickram Rana

Keyword(s):

International Law ◽

The State ◽

Common Interest ◽

International Court Of Justice ◽

Public International Law ◽

The Public ◽

International Court ◽

Convention Against Torture ◽

The Common ◽

Legal Consequences

In the Questions relating to the Obligation to Prosecute or Extradite (Belgium v. Senegal case), the International Court of Justice for the very fi rst time declared the country's standing before the court on the basis of erga omnes partes as admissible. The court found that Belgium had the standing to claim the responsibility of Senegal for the alleged breach under the Convention against Torture on the basis of being a party of the same convention. The court described erga omnes partes as the obligation that the state party has to all the other state parties of the convention, the court further stated that it arises due to the common interest of the state parties of a convention. Many sitting judges of the court rejected the reasoning of the majority decision and some gave a dissenting opinion. The present paper assesses the concept of erga omnes partes in the public international law and the legal consequences of erga omnes partes in the future development of public international law. The scope of the present paper is limited within the issue of admissibility of the case with the specifi c focus on the concept of erga omnes partes and does not deal with the merits or other issues raised before the court.

Download Full-text

Hak Atas Tanah Pada Kawasan Konservasi

PAMALI: Pattimura Magister Law Review ◽

10.47268/pamali.v1i1.483 ◽

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.

Download Full-text

Pengenaan Pajak Penghasilan di Indonesia (Pasal 21 Undang-Undang Nomor 36 Tahun 2008 Tentang Pajak Penghasilan)

Jurnal Locus Delicti ◽

10.23887/jld.v2i1.456 ◽

2021 ◽

Vol 2 (1) ◽

pp. 24-35

Author(s):

Gede Sastrawan ◽

Ida Ayu Putu Indah Wahyoni

Keyword(s):

Rule Of Law ◽

Income Tax ◽

The State ◽

Shared Responsibility ◽

Common Interest ◽

The People ◽

General Welfare ◽

The Common ◽

State Expenditures ◽

State Programs

Every county has the same goal, namely to create the wlfare of its people. Especially in Indonesia, which is a rule of law based on Pancasila and the 1945 Constitution. The issue stated in the preamble to the 1945 Constitution states the general welfare on the basis of social justice. Then besides that there is the aim of the state which is the common interest of all the people, so that the costs that msu be incurred to realize state programs are also shared responsibility. To cover state expenditures in order to realize its programs, the state seeks financing by collecting taxes. One of them is from the imposition of income tax. Income tax is regulated in Law Numbers 36 Years 2008. One of the types of distribution is Income Tax Article 21 (PPh 21), which regulates taxes on income in the form of salaries, wages, allowances, and other payments that are obtained by individual tacpayers. Domestic individuala in connection with work or position of services and activities.

Download Full-text

Penyelesaian Sengketa dalam Pengadaan Tanah Bagi Pembangunan Jalan untuk Kepentingan Umum

SASI ◽

10.47268/sasi.v26i3.397 ◽

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.

Download Full-text

PELAKSANAAN KONSOLIDASI TANAH PERKOTAAN UNTUK PEMBANGUNAN JALAN BY PASS DI KOTA BUKITTINGGI

JCH (Jurnal Cendekia Hukum) ◽

10.33760/jch.v3i1.13 ◽

2017 ◽

Vol 3 (1) ◽

pp. 73

Author(s):

Ana Ramadhona

Keyword(s):

Land Tenure ◽

Common Good ◽

Land Rights ◽

Common Interest ◽

Land Consolidation ◽

Primary Data ◽

The People ◽

The Status ◽

The Common ◽

The Government

The increasing price of urban land causes the government difficulty in providing land for development. The status of land tenure will be more legal with the certificate as proof of ownership and ownership of land rights. Presidential Regulation no. 65 year 2006 stated that the procurement of land for the implementation of development for public interest by the government carried out by way of disposal or surrender of land rights. Article 18 of the UUPA explains that the revocation of a person's right to the land owned by the government shall only be exercised if the land is used for the common good including the interests of the nation and the state and the common interest of the people, the rights of the land may be revoked, compensating feasible as regulated by law. This study aims to find out how the implementation of land consolidation for the construction of By Pass in Bukittinggi City. To find out the obstacles faced by the local government of Bukittinggi city in the settlement. This research uses sociological juridical method, primary data in research is interview to informant and second data is library materials. The results show that the implementation of land consolidation of By Pass of Bukittinggi city has not been implemented maximally because the community has not fully understand the purpose and objectives of the implementation of land consolidation so that the people do not wholeheartedly implement it. Constraints faced in the completion of land consolidation for by-pass included the lack of public knowledge about land consolidation, the objections of some communities in handing over their consolidated land to the government and Most of the consolidated lands are customary soils together so it is a bit difficult in decision maker.

Download Full-text

PERSOALAN KEHIDUPAN KONTEMPORER: MENGGAGAS KAJIAN SACHEDINA TENTANG THEOLOGI PLURALISME

EMPIRISMA ◽

10.30762/empirisma.v26i1.679 ◽

2017 ◽

Vol 26 (1) ◽

Author(s):

Limas Dodi

Keyword(s):

Religious Pluralism ◽

Main Argument ◽

Religious Groups ◽

Common View ◽

The Public ◽

The People ◽

Muslim Majority ◽

The Common ◽

The Relationship ◽

Religious Differences

According to Abdulaziz Sachedina, the main argument of religious pluralism in the Qur’an based on the relationship between private belief (personal) and public projection of Islam in society. By regarding to private faith, the Qur’an being noninterventionist (for example, all forms of human authority should not be disturb the inner beliefs of individuals). While the public projection of faith, the Qur’an attitude based on the principle of coexistence. There is the willingness of the dominant race provide the freedom for people of other faiths with their own rules. Rules could shape how to run their affairs and to live side by side with the Muslims. Thus, based on the principle that the people of Indonesia are Muslim majority, it should be a mirror of a societie’s recognizion, respects and execution of religious pluralism. Abdul Aziz Sachedina called for Muslims to rediscover the moral concerns of public Islam in peace. The call for peace seemed to indicate that the existence of increasingly weakened in the religious sense of the Muslims and hence need to be reaffi rmed. Sachedina also like to emphasize that the position of peace in Islam is parallel with a variety of other doctrines, such as: prayer, fasting, pilgrimage and so on. Sachedina also tried to show the argument that the common view among religious groups is only one religion and traditions of other false and worthless. “Antipluralist” argument comes amid the reality of human religious differences. Keywords: Theology, Pluralism, Abdulaziz Sachedina

Download Full-text

Notary’s Responsibility in Making of Deed Due to Land Acquisition Containing Criminal Corruption

ALHURRIYAH Jurnal Hukum Islam (ALHURRIYAH JOURNAL OF ISLAMIC LAW) ◽

10.30983/alhurriyah.v5i1.2331 ◽

2020 ◽

Vol 5 (1) ◽

pp. 22

Author(s):

Yogi Maron ◽

Ismansyah Ismansyah ◽

Azmi Fendri

Keyword(s):

Legal Theory ◽

Secondary Data ◽

Land Rights ◽

The State ◽

Land Acquisition ◽

District Court ◽

Primary Data ◽

Prison Sentence ◽

Ethics Code

As happened to the Notary Eli SatriaPilo, S.H, Mkn, who was appointed as the Notary who made the Deed of Relinquishment of Land Rights in the Land Acquisition activities for the Construction of Campus III of the State Islamic Institute (IAIN) of Padang which was located in Sungai Bangek District, Padang in 2010. The method used was descriptive, in which describing the applicable legislation associated with legal theory in the facts and realities about the Notary’s Responsibility in Making Deed of Land Acquisition for the construction of Campus III of IAIN Padang in Sungai Bangek. This study used a Normative Juridical approach, in which researching by using and processing secondary data or literature related to the study. The data collected were in the form of primary data obtained from the District Court of Padang, secondary data obtained from secondary legal materials and primary legal materials. Based on the study, it was found that the role of Notary Eli Satria Pilo, in the land acquisition of campus III IAIN was proven to have misused the authority resulting in violation of the Notary Ethics Code and was responsible for accepting termination disrespectfully. Furthermore, he was also shown to be committing a Criminal Corruption made based on the Deed of Relinquishment of Land Rights in the land acquisition for the construction of Campus III of IAIN Padang, so that the State incurred losses of Rp. 1.946.701.050 (one billion nine hundred forty-six million seven hundred one thousand and fifty rupiahs). And he was responsible for receiving and carrying out the sentence that had been handed down by the District Court of Padang, a prison sentence of 4 (four) years, and paying a fine of Rp. 200.000.000 (two hundred million rupiahs).

Download Full-text