STAGES OF LAND PROCUREMENT FOR PUBLIC INTEREST DEVELOPMENT (STUDY OF DECISION NO.227/PDT/G/2020/PN.MDN)
Main Article Content
Abstract
Land Procurement for the Implementation of Development in the Public Interest is one of the manifestations of the social function of land rights which has been mandated in Article 6 of the LoGA. appropriate compensation for the land rights without compromising the rights and sense of justice. This includes the interests of the government as well as justice for the rights of the people who are taken and also the public interest in using the facilities built by taking the land of the land owner with the power of his Land Rights. The research method used is a literature study that uses Court Decisions and primary & secondary sources of material as research support. The position of a person in a lawsuit complaint is also very important, in this case the judge's consideration is also needed in viewing a lawsuit, and also for the government, it must provide the right of compensation in kind. The results of this literature study research method state that land acquisition for development is in the public interest to uphold the basic principles of humanity and justice.
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References
BIBLIOGRAPHY
Book
Mudakir Iskandar Syah, Land Acquisition for the Development of Public Interests, Legal Remedies for Communities Affected by Acquisition and Revocation of Rights, Jala Permata Aksara, Jakarta, 2014.
Rusyadi, A. (2009). LAW OF LAND PROCUREMENT FOR PUBLIC INTEREST: Between Public Interest and Protection of Human Rights Man .
Salindeho, J. (1988). The Land Problem in Development (40 ed.). Jakarta: Graphics Light.
Sumardjono, MW (2008). Land: In Perspective of Social and Economic Rights Culture.Jakarta: Kompas.
B. Legislation
Regulation of the Minister of Home Affairs Number 15 of 1975 Concerning Provisions Regarding Land Acquisition Procedures.
Regulation of the Minister of Finance No. 58/PMK.02/2008 Concerning Land Acquisition Committee Fees for Development Implementation in the Public Interest.
Presidential Regulation No. 36 of 2005 concerning Shared Land Procurement Implementation of Development for the Public Interest.
Presidential Regulation Number 65 of 2006 concerning Amendments to Presidential Regulation Number 36 of 2005 concerning Land Acquisition for Implementation of Development for Public Interests.
Law Number 20 of 1961 Concerning the Revocation of Land Rights and
Existing Objects On.
Law Number 2 of 2012 concerning Land Procurement for Development For Public Interest.
Journal Article
Suntoro, Agus. "Assessment of compensation in land acquisition for
public interest: a human rights perspective." BHUMI: Dan Agrarian
Journal land5, no. 1 (2019): 13-25. Retrieved October 16, 2022.
Subekti, Rahayu. "Policy of Provision of Compensation in Procurement
Soil For Development in the Public Interest." Yustisia Law Journal5, no. 2 (2016): 376-394. Retrieved 16 October 2022.
Djanggih, Hardianto, and Salle Salle. "Legal Aspects of Land Procurement for
Implementation of Development for the Public Interest." Pandecta Research Law Journal12, no. 2 (2017): 165-172. Retrieved 22 October 2022.
Kasenda, Dekie GG. "Compensation in Land Procurement for Interests General." MORALITY: Journal of Law Science 2, no. 2 (2017): 122- 141.Retrieved 27 October 2022
Zarkasih, Hery. "Implementation of the principle of justice in the provision of compensationland acquisition for public interest (case study of widening highway in Praya City, Central Lombok Regency)." Journal of IUS StudyLaw and Justice3, no. 2 (2015). Retrieved 7 November 2022.
Excerpts of Scientific Papers/Paper/Orations
Dhenes, IM (2016). Implementation of the the authority of the local government inland procurement for public interests in banyumas district. Master's thesis. Semarang, Indonesia.
Website
JDIH. (2009, November 25).JDIH CPC. Retrieved 2021, from Legal Documentation & Information Network of the Supreme Audit Agency of the Republic of Indonesia:https://jdih.bpk.go.id/?p=6491
Decision
Medan District Court Decision No.227/Pdt.G/2020/Pn.Mdn