{"title":"Limitations of Public Interest Clause in Land Acquisition So That Land Rights Holders Can Retain Their Rights","authors":"Rias Frihandini","doi":"10.30742/NLJ.V18I1.1291","DOIUrl":null,"url":null,"abstract":"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","PeriodicalId":37885,"journal":{"name":"NORMA","volume":"18 1","pages":"58-65"},"PeriodicalIF":2.1000,"publicationDate":"2021-03-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"NORMA","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.30742/NLJ.V18I1.1291","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"SOCIOLOGY","Score":null,"Total":0}
引用次数: 0
Abstract
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
期刊介绍：
NORMA is an international journal for high quality research concerning masculinity in its many forms. This is an interdisciplinary journal concerning questions about the body, about social and textual practices, and about men and masculinities in social structures. We aim to advance theory and methods in this field. We hope to present new themes for critical studies of men and masculinities, and develop new approaches to ''intersections'' with race, sexuality, class and coloniality. We are eager to have conversations about the role of men and boys, and the place of masculinities, in achieving gender equality and social equality. The journal was begun in the Nordic region; we now strongly invite scholarly work from all parts of the world, as well as research about transnational relations and spaces. All submitted manuscripts are subject to initial appraisal by the Editors, and, if found suitable for further consideration, to peer review by independent, anonymous expert referees. All peer review is double blind and submission is online via Editorial Manager.
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