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Institutional Policy in Land Procurement Under The Omnibus Law Regime Kuswahyono, Imam; Ula, Hikmatul
Brawijaya Law Journal Vol 7, No 1 (2020): Contitutional Issues: Economic, Social and Cultural Rights
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2020.007.01.02

The legal culture procedure with socio-legal analysis will be able to answer the fundamental questions in the problems of practices of land procurement for public interests, in particular the issue of compensation. The crucial issue of compensation within the implementation of the policy of land procurement regards the non-equivalence of land value, both utility value and economic value of structures and landscapes, to the monetary compensation. The use of the legal culture approach is to provide answers and implement them to resolve issues of land procurement for public interests in the omnibus law regime to maintain justice to landowners and preserve the environment. The correlation of the cultural approach and activities of land procurement is that culture refers to the target of the national conscience, and the cultural approach based on the growth mindset will result in wisdom and nobility of the decisions of public officials to prioritize the people rather than interests of investment. The government must choose to renegotiate the policy of enacting the Law of Employment Creation, which is judged by the greater public to conflict with the spirit and mandate of the Preamble and contents of the 1945 Constitution. It needs renegotiation between the state and people by discussing in-depth the legal substance of the law is not performed, and then the law in question must have its enactment firmly rejected.

Implementasi Regulasi Perhutanan Sosial yang Berkemanfaatan bagi Masyarakat Sekitar Hutan Agusti, Tasya Moedy; Nurjaya, I Nyoman; Kuswahyono, Imam
Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan Vol 4, No 2 (2019): Desember 2019
Publisher : Universitas Negeri Malang

This article analyzes the Indonesian government agrarian reform program to realize equitable and development based on social justice for all the people of Indonesia, viz. the social forestry program. Legally the implementation of the social forestry program must bring maximum benefits to the community around the forest. This article uses the sociological juridical method and takes research locations in the jurisdiction of KPH Probolinggo, BKPH Senduro, and BKPH Kraksaan East Java Regional Division. The results showed that the social forestry program is very important to be implemented, but there are still some problems that need to be fixed.

Implementasi Pendaftaran Hak Atas Tanah Komunal di Desa Adat Pakraman Bungbungan Bali Adnyani, Ni Putu; Kuswahyono, Imam; Supriyadi, Supriyadi
Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan Vol 5, No 1 (2020): Juni 2020
Publisher : Universitas Negeri Malang

This study aimed to analyze the application of the registration of communal land rights of indigenous and tribal peoples in the Pakraman Bungbungan Traditional Village, Jembrana Regency, as well as to explore issues that hampered registration of communal land rights and efforts made by the government to overcome these obstacles. The study method used an empirical legal study with a sociological juridical approach. From the study results, it was known that the registration of communal land rights in the Desa Adat Pakraman Bungbungan, Jembrana Regency, Bali Province was implemented through the Government’s Strategic Program, namely the Complete Systematic Land Registration 2019. There were several obstacles experienced, one of them being the community’s ignorance of the communal land registration process. The effort made by officials of the Jembrana District Land Office was to disseminate information to indigenous peoples regarding the way to register communal land.

Institutional Policy in Land Procurement Under The Omnibus Law Regime Kuswahyono, Imam; Ula, Hikmatul
Brawijaya Law Journal Vol. 7 No. 1 (2020): Contitutional Issues: Economic, Social and Cultural Rights
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2020.007.01.02

The legal culture procedure with socio-legal analysis will be able to answer the fundamental questions in the problems of practices of land procurement for public interests, in particular the issue of compensation. The crucial issue of compensation within the implementation of the policy of land procurement regards the non-equivalence of land value, both utility value and economic value of structures and landscapes, to the monetary compensation. The use of the legal culture approach is to provide answers and implement them to resolve issues of land procurement for public interests in the omnibus law regime to maintain justice to landowners and preserve the environment. The correlation of the cultural approach and activities of land procurement is that culture refers to the target of the national conscience, and the cultural approach based on the growth mindset will result in wisdom and nobility of the decisions of public officials to prioritize the people rather than interests of investment. The government must choose to renegotiate the policy of enacting the Law of Employment Creation, which is judged by the greater public to conflict with the spirit and mandate of the Preamble and contents of the 1945 Constitution. It needs renegotiation between the state and people by discussing in-depth the legal substance of the law is not performed, and then the law in question must have its enactment firmly rejected.

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