scholarly journals CONFLICT OF NORM ANTARA PENCABUTAN HAK DAN PENITIPAN GANTI KERUGIAN DI PENGADILAN DALAM PENYELESAIAN SENGKETA PENGADAAN TANAH UNTUK PEMBANGUNAN

2018 ◽  
Vol 4 (1) ◽  
pp. 57
Author(s):  
M. Hamidi Masykur ◽  
Harinanto Sugiono
Keyword(s):  
Supreme Court ◽  
Public Interest ◽  
Land Rights ◽  
The Other ◽  
District Court ◽  
Public Interests ◽  
The Public ◽  
Presidential Decree ◽  
The Law

Article 18 of Law No. 5 of 1960 concerning Basic Rules of Agrarian states that “For the public interest, including the national and State interest also the peoples interest, land rights may be revoked with reasonable compensation in accordance to the procedure provided by law.” The phrase of “revoked” in the article can be widely interpreted both in terms of the procedure as well as the authority. A year after the enactment of Law No. 5 of 1960, Law No. 20 of 1961 concerning Revocation of Land Rights and Properties on Land was enacted with the purpose to implement Article 18 of Law No. 5 of 1960. According to Law No. 20 of 1961, revocation of land rights for the public interests can be exercised through Presidential Decree. It means that there is no opportunity for the lands owner to file an objection against the revocation. On the other side, the enactment of Law No. 2 of 2012 concerning Land Procurement for Development in which Article 40 of the Law provides the custody mechanism for compensation to the District Court when the lands owner refuse to accept the compensation. The procedure has been confi  rmed by Supreme Court, which enacted Supreme Court Regulation No. 3 of 2016 concerning the Procedure for Submitting Objection and Compensation Custody to the District Court in Land Procurement for Public Interests. This situation shows confl  ict of norms between Law No. 20 of 1961 which is never declared not applicable, and then Law No. 2 of 2012 was enacted as new law in the same field of regulation.

scholarly journals Wyłączenie stosowania przepisów ustawy o swobodzie działalności gospodarczej w sprawach o cofnięcie koncesji na prowadzenie kasyna gry a ochrona interesu publicznego

Prawo ◽  
2017 ◽  
Vol 323 ◽  
pp. 211-221
Author(s):  
Konrad Kopystyński
Keyword(s):  
Public Interest ◽  
Economic Activity ◽  
The Other ◽  
The Public ◽  
Other Hand ◽  
The Law

Exclusion of the application provisions of freedom of economic activity act in the scope of concession for operating casino games and the protection of the public interestThis article presents the comparison between provisions of freedom of economic activity act and the law on gambling in scope of conditions related to revoking concession for operating casino games. To revoke that concession, only provisions of law on gambling can be applied because of provisions of freedom of economic activity act are excluded in that cases. That regulation allows the raising of freedom economic activity, but the other hand — also causes the limitation in the protec­tion of public interest.

scholarly journals FUNGSI NOTARIS SELAKU PEJABAT PEMBUAT AKTA IKRAR WAKAF (PPAIW) DALAM PERUBAHAN PERUNTUKAN HAK ATAS TANAH WAKAF

2018 ◽  
Vol 6 (1) ◽  
pp. 1
Author(s):  
Muhammad Khoirul Utami
Keyword(s):  
Public Interest ◽  
Land Rights ◽  
Public Understanding ◽  
Land Area ◽  
The Public ◽  
Barriers To Change ◽  
The Law ◽  
Board Of Supervisors ◽  
Spatial Plan

The thesis entitled "The role of the Notary Deed Official Pledge As Waqf In the allotment of Land Rights Amendment Waqf" examines the waqf land already diwakafkan by wakif and run through the process of making the Pledge of Endowments and already certified waqf land. However, the waqf land area experiencing growth and progress resulting in a change General Spatial Plan (which disturb the position of the donated land. Based on the above, the writers compose thesis raises the issue of whether the allotment of land endowments can be changed, how the role of the notary as Officer Deed of Pledge Waqf in the change designation of land rights endowments, and any obstacles in the change designation of land rights waqf , In writing this thesis, the author uses the normative method. It can be concluded that the change of land designation endowments can be done on the condition that these changes to the public interest in accordance with the General Spatial Plan which is based on the law and not contrary to Islamic principles, changes in the allotment of land endowments can be done after approval Ministry of Religious Affairs on consideration of Indonesian waqf Board and the replacement of at least one rank and balanced with original waqf property. The role of the Notary as Officer Deed of Pledge Waqf  is to legalize or register the minutes of the meeting of the board of supervisors, made a deed of exchange of land endowments, making back Deed of Pledge Waqf of land which has been exchanged in accordance with the Deed of Pledge Waqf originally , providing information on the legal acts penghadap. Barriers to change the designation of land rights endowments of which is still going controversy about peraliahan rights to the donated land, the lack of public understanding of the donated land so many waqf land that is not registered and does not have a certificate endowments, as well as a lack of public understanding of the transfer of rights over donated land, if there is a legal act on changes in land endowments frequent rejection, and understanding Nazhir towards waqf property itself is still lacking, as well as other obstacles.

scholarly journals Legitimação ativa da defensoria pública no mandado de injunção coletivo

2018 ◽  
Vol 42 (1) ◽  
pp. 80-95
Author(s):  
Olavo Augusto Vianna Alves Ferreira ◽  
Guilherme De Siqueira Castro
Keyword(s):  
Supreme Court ◽  
Point Of View ◽  
The Other ◽  
Public Defender ◽  
The Public ◽  
The Supreme Court ◽  
The Subject ◽  
The Law

O presente artigo tem o objetivo de examinar a legitimidade ativa da Defensoria Pública no mandado de injunção coletivo. Para a consecução desta finalidade, o tema será abordado tanto do ponto de vista constitucional como do ponto de vista processual. Será estudado o vício de constitucionalidade formal da Lei 13.300/2016 no que tange a legitimidade ativa da Defensoria Pública no mandado de injunção coletivo. A necessidade de pertinência temática para a impetração e o tipo de interesse transindividual tutelado são questões que envolvem um profícuo debate constitucional que já foi objeto de exame pelo Supremo Tribunal Federal. Por derradeiro, abordaremos a possibilidade de litisconsórcio ativo no mandado de injunção envolvendo a Defensoria Pública e os demais legitimados extraordinários previsto na lei de regência da ação injuncional.   Abstract This article aims to examine the active legitimacy of the Office of the Public Defender in the collective writ of injunction. To achieve this purpose, the subject will be addressed both from a constitutional point of view and from a procedural point of view. This paper will study the formal constitutional vice of Law 13.300 / 2016 regarding the active legitimacy of the Office of the Public Defender in the collective writ of injunction. The need for thematic relevance to the filing and type of ward transindividual interest are issues involving a fruitful constitutional debate that has been the subject of examination by the Supreme Court. For last, we discuss the possibility of active joinder in the writ of injunction involving the Office of the Public Defender and the other extraordinary legitimated under the law of Regency injuncional action.

scholarly journals Legal Power of Pipil as the Real Evidence of Ownership of Rights to Land in Dispute (Analysis on the Decision of Selong District Court

2019 ◽  
Vol 6 (3) ◽  
pp. 968
Author(s):  
Imanul Ichwar Daulay ◽  
Rodliyah Rodliyah ◽  
Widodo Widodo
Keyword(s):  
Public Interest ◽  
Land Rights ◽  
District Court ◽  
Court Decisions ◽  
High Court ◽  
The Real ◽  
The Public ◽  
Civil Court ◽  
Legal Power ◽  
The People

In this paper, the authors discuss cases that relate to the basis of ownership of rights and authority of land rights called Pipil among the people of Lombok Island. Landowners use Pipil as the real evidence of land rights because it is only landowners who are obliged to pay taxes. After the enactment of Law No. 5 of 1960 concerning Basic Agrarian Law (UUPA), there are fundamental changes in the field of land law and individual rights to land that apply in Indonesia. It mandates that certificate is the only real evidence of ownership of rights to land. However, even though UUPA is in force, there are still many Indonesians, especially in Lombok, who consider Pipil as real evidence of ownership of rights to land. In civil court practice for land cases in the Selong District Court, there are some times that court decisions win the Pipil holder. On the other hand, there are also some times when the Pipil holder is the party who loses the case. It can be found in two land cases decided by the Selong District Court. In the decision of the Selong District Court No. 73/Pdt.G/2008/PN.SEL. on June 18, 2009, the plaintiff who filed Pipil as real evidence was the party who won the case because the real evidence of Pipil was supported by two witnesses who saw that the plaintiff’s controlled and worked on the dispute land. Meanwhile, the decision of the Selong District Court No. 113/Pdt.G/2015/PN.SEL. on June 2, 2016 jo. the decision of Mataram High Court No. 102/PDT/2016/PT.MTR. on October 4, 2016 jo. the decision of Supreme Court No. 399 K/Pdt/2017 on 23 May 2017, the plaintiff who filed Pipil as the real evidence was the party who lost the case. In this case, consideration of the court’s decision prioritized the use of the dispute land in the public interest even though the plaintiff submitted three witnesses who witnessed that the plaintiff’s parents/ grandfather controlled and worked on the dispute land.

scholarly journals The Criticism of Land Procurement Law to Improve Landowners Welfare in Indonesia

2021 ◽  
Vol 5 (2) ◽  
pp. 175
Author(s):  
Fifik Wiryani ◽  
Mokhammad Najih
Keyword(s):  
Content Analysis ◽  
Public Interest ◽  
Secondary Data ◽  
Land Rights ◽  
Research Approach ◽  
The Public ◽  
The Law ◽  
Prescriptive Analysis

This study is to conduct a juridical analysis of the implications of Law No. 2 of 2012 on Land Procurement for Development for the Public Interest to improve the welfare of landowners after the release of land rights. The focus of the study is on the arrangement of indemnity from the aspects: assessors, indemnity assessment, and deliberation on the determination of indemnity. The research approach uses normative juridical, with secondary data sourced from primary legal materials and secondary legal materials from March to July 2020. The data was analysed using content analysis combined with prescriptive analysis. As a result, this research proposes the arrangement of compensation in the Law on Land Procurement for the Development of the Public Interest. These arrangements are included the material determination of assessors, the value of compensation, deliberationof the determination of compensation, and the custody of compensation (consignment) in the Law on Land Procurement which is inconsistent with the principles and principles of land procurement that should be as the basis and guidelines for the formulation of norms.

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 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

Vindicating environmental public interests in China: A balanced approach to institutional interaction in public interest litigation system

2019 ◽  
Vol 21 (4) ◽  
pp. 269-291
Author(s):  
Yun Ma
Keyword(s):  
Public Interest ◽  
Environmental Law ◽  
The Other ◽  
Public Interests ◽  
Public Interest Litigation ◽  
The Public ◽  
Balanced Approach ◽  
Administrative Procedures ◽  
The One

Along with the adoption of environmental public interest litigation (EPIL) in China, the configuration among civil society, administrative, procuratorial and judicial powers is reshaped and transformed. With various actors brought to the public interest ground, the conventional role of governments as a public interest defender through law enforcement activities is distorted. This, on the one hand, spurs and supplements insufficient government enforcement of environmental law, and on the other hand poses the danger of supplanting government enforcement, crowding out statutory responsibilities for governments and eroding their discretion in selecting regulatory tools and administrative procedures. To reach a balance making no power excessively intruding the other and bring PIL’s potential into full play, realignment of their respective roles and functions in the enforcement system is imperative. Government enforcement should be strengthened and given priority in vindicating environmental public interests. Pre-conditions for filing different types of EPIL claims should be established and specified. To develop an internally coordinated EPIL system, the future reforms should be legally underpinned with the order of standing coordinated, concurrent claims screened, connection arrangements established and the usage of incidental litigation promoted.

scholarly journals ANALISIS PUTUSAN NOMOR 574K/PID.SUS/2018 MENGENAI PELANGGARAN PASAL 27 AYAT (1) UNDANG-UNDANG NOMOR 11 TAHUN 2008 TENTANG INFORMASI DAN TRANSAKSI ELEKTRONIK

2019 ◽  
Vol 2 (2) ◽  
pp. 1335
Author(s):  
Pelemon Siagian ◽  
Sugandi Ishak
Keyword(s):  
Supreme Court ◽  
General Public ◽  
District Court ◽  
Public Prosecutor ◽  
Legal Research ◽  
The Public ◽  
Electronic Transactions ◽  
The Supreme Court ◽  
The Law

Baiq Nuril Maknun is accused of violating Article 27 paragraph (1) of Law Number 11 Year 2008 concerning Information and Electronic Transactions (UU ITE). In the Mataram District Court found not proven guilty, the Public Prosecutor filed an appeal with Decision Number 574K / Pid. Sus / 2018 and the Supreme Court (MA) sentenced him guilty to Baiq Nuril Maknun with 6 month prisons sentence and a Rp. 500 million. Baiq Nuril Maknun then submitted a Review (PK) with Decision Number 83PK / Pid.Sus / 2019 and the Supreme Court rejected the PK proposed by Baiq Nuril Maknun. Method research used in writing this thesis is normative legal research. The results showed that Baiq Nuril Maknun submitted an amnesty request to President Joko Widodo and was granted, Baiq Nuril Maknun was free from the snares of the law. Submission of amnesty must be selective and for certain cases that are felt by the general public, the court's decision must be able to reflect justice because it is in accordance with the Judicial Act and the Supreme Court, and judges are required to explore the values of justice in society.

scholarly journals DUGAAN TINDAK PIDANA KORUPSI DALAM PENGADAAN TANAH UNTUK KEPENTINGAN UMUM

to-ra ◽  
2015 ◽  
Vol 1 (1) ◽  
pp. 21
Author(s):  
Aartje Tehupeiory
Keyword(s):  
Public Interest ◽  
Land Rights ◽  
The Public ◽  
For Profit ◽  
Presidential Decree ◽  
The Government ◽  
The City

In terms of the provision of land for the public interest was formed the Committee for Land Procurement (P2T) based on the number of Presidential Decree No. 55 of 1993, with one of the principle is not looking for profit. Based on that, the Governor of Maluku made a decree on the city of Ambon in the decree for the construction of a common or garden Burial Tombs common (TPU). Because of thesituation/circumstances of the civil emergency in the province of Maluku, at the discretion of the Mayor of Ambon city as the Executive ruler of the elements of the civil emergency, delegated various tasks to the team's who had the responsibility to carry out the release of P2T land rights.But later in the day, a problem occurs that is alleged to have elements of criminal acts of corruption in the procurement of land for the public interest with respect to the construction of TPU. While all of the procedures and the mechanism of release of land rights has been carried out in accordance with Presidential Decree No. 55 no 1993. This is because the Government cannot took over the land purchase benefits.Therefore there needs to be re-construction (reconstruction) of losses the country associated with the procurement of land for the public interest.   Kata kunci: Dugaan tindak pidana korupsi pengadaan tanah

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