1,720,964 research outputs found

    Penerapan prinsip partisipatif dalam pangadaan tanah untuk pembangunan jalan Tol Mojokerto - Kertosono (MOKER)

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    Development is an effort to realize a just and prosperous society which is mandated by the constitution. In the implementation of the required land development including land belongs to the people who made, among others, through the mechanism of land acquisition. This paper is the result of empirical research juridical land acquisition for toll road construction MOKER. The results of the study revealed that the implementation of land acquisition for toll road construction MOKER not yet fully meet the minimum principles of participation, namely interactive participation by Aziz Turendra, or at least be on the sixth (ladder partnership) by Sally Arnstein, as well as democratic participation by Verba

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

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    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

    Konflik Agraria: Sebuah Refleksi Hak Menguasai Negara Atas Tanah

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    The state's right to control land as a principle is often problematic in practice. The problem generally lies with the state which tends to use land only for economic and oligarchic interests. As a result, the right to control the state whose function is to prosper the people cannot be realized. This research will reveal and analyze the background of the causes of the agrarian conflict in the village of Tegalrejo, Malang Regency, and provide an overview in a reflection of the state's right to control land. This research uses normative juridical research with statutory, historical and case study approaches which in this case are agrarian conflicts. The results of the research show that the state's right to control over land sometimes becomes a tool for state legitimacy to carry out land grabs. The right to control the state, which essentially serves as a legal framework to protect the public, has not been able to fully function ideally and properly. There is no significant difference between the New Order regime and the Reform Government regime in the management of state control rights, because both have a mode of appropriation by granting status of land rights and compensation. This is similar to what happened in the agararia conflict in Tegalrejo Village, Malang Regency, where legal appropriation was formulated in the form of Cultivation Rights. Compensation that has not been resolved to date has also led to the creation of structural agrarian conflicts that have disrupted the socio-economic life of the surrounding community. In the future, it is necessary to think about the rejuvenation of the concept of the state's right to control so that state control over land is no longer hegemonic and can be on a par with the protection of citizens' rights to land

    Abortion Legalization and Child in The Womb Right to Life: A Study from Indonesia

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    Based on the Indonesian legal system, women's reproductive and unborn child's rights to life are equally important. A woman has the right to determine her pregnancy period or even reject her unwanted pregnancy. On one side, legal abortion is part of women's reproductive rights. On the other side, the unborn child's life in the womb is also protected by law. Any attempt to harm the fetus' well-being or deliberately dispose of its life is illegal. Generally, Indonesian are against abortion. However, in specific cases, abortion legalization occurs when the pregnancy becomes harmful and endangering the mother's life. In fact, in certain labor cases, the doctor must do an abortion to save the mother's life. Through Health Act No. 36 of 2009 Article 75, abortion is permitted with emergencies on mothers and rape victims. This paper aims to analyze whether two indications of abortion legalization written on the Health Act are still acceptable from the standpoint of unborn child rights. As normative research, this paper uses both statutory and medical approaches
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