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All Journal UNTAG Law Review Indonesian State Law Review (ISLRev) Veteran Justice Journal
Fatma Ulfatun Najicha
Faculty of Law, Universitas Sebelas Maret
Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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LEGAL BASIS FOR TAKING THE LAND OWNED AND COMPENSATION FOR THE AFFECTED LAND Maytsa Atika Al Maghfiroh; Fatma Ulfatun Najicha
UNTAG Law Review Vol 5, No 1 (2021): UNTAG LAW REVIEW (ULREV)
Publisher : Faculty of Law Universitas 17 Agustus 1945 Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (452.001 KB) | DOI: 10.36356/ulrev.v5i1.2207

Abstract

Indonesia always been active in carrying out development activities such as public development. The government has a duty to make Development for the public for the welfare of the people. The problem of land acquisition is considered vulnerable handling because it covers the lives of people. Currently, it is considered very difficult to carry out development for the public interest on state-owned land. The purpose of this research is to find out that the taking of rights to land due to the widening by the government of private land rights to realize national development have laws underlie it. The government compensation for freehold land taken from the community with an agreement that has been deliberated beforehand. The process of providing compensation must be balanced so that the owners of land rights are not harmed. In this research, the library research method is used by examining through books, journals, laws, and other written documents related to the issues to be discussed. The results showed that the process of taking over land rights due to widening by the government was based on Law Number 2 of 2012. The compensation provided is alsofurther explained in Presidential Regulation No. 65 of 2006.
Application of General Principles of Good Governance in Law No. 30 of 2014 as Guidelines in Implementing the Authority of Discretion by Government Officials in Indonesia Fatma Ulfatun Najicha
Veteran Justice Journal Vol 3 No 1 (2021): Veteran Justice Journal
Publisher : Universitas Pembangunan Nasional "Veteran" Jawa Timur

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33005/vjj.v3i1.34

Abstract

Abstract This research was conducted with the aim to find out how the discretionary authority of Government officials based on Law No. 30 of 2014 concerning Government Administration and how the Implementation of General Principles of Good Governance (AUPB) within the discretionary authority of Government officials based on Law No. 30 of 2014 concerning Government Administration. By using the normative juridical research method, it is concluded: 1. Discretion is a decision or action determined or carried out by a government official to overcome concrete problems encountered in the administration of government in terms of laws and regulations that provide choice, not regulate , incomplete, or not clear, or government stagnation. In accordance with Law No. 30 of 2014 concerning Government Administration for its use discretion is used primarily because; first, an emergency that makes it impossible to apply written provisions; second, there are no or no regulations goingverning it; third, there are rules but they are vague or multiple interpretations. Freedom of discretion is freedom of administration which includes freedom of administration (interpretatieverijheid), freedom of consideration (beoordelingsvrijheid), and freedom to take policy (beleidsvrijheid). 2. General Principles of Good Governance is a way that directs and maintains the use of government authority in order to remain controlled from the abuse of power of government officials. This shows that the legal relationship between discretionary authority and General Principles of Good Governance (AUPB) is the General Principles of the Government. Keywords: Authority; Discretion; General Principles Of Good Governance; Government Administration
Problems and Challenges on Environmental Law Enforcement in Indonesia: AMDAL in the Context of Administrative Law Ummi A'zizah Zahroh; Fatma Ulfatun Najicha
Indonesian State Law Review (ISLRev) Vol 5 No 2 (2022): Indonesian State Law Review
Publisher : Universitas Negeri Semarang (UNNES)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/islrev.v5i2.46511

Abstract

Environmental issues have been increasingly recognized as significant challenges facing Indonesia, as a developing country with a rapidly growing population and a rapidly expanding economy. In recent years, environmental degradation and natural resource depletion have become more acute, resulting in increased pressure on the government to take stronger action to protect the environment. Despite the existence of environmental laws in Indonesia, environmental degradation continues to occur, highlighting the need for better enforcement and stronger legal protections. One of the major environmental problems in Indonesia is deforestation, which is driven by the expansion of agricultural land, mining activities, and logging. This has resulted in significant habitat loss and biodiversity decline, as well as increased greenhouse gas emissions from the loss of forest cover. Additionally, Indonesia’s coastline and marine ecosystems are threatened by pollution from industrial activities and plastic waste, which has adverse effects on marine life and human health. Environmental laws in Indonesia include a range of regulatory measures, such as the Environmental Impact Assessment (EIA) and Forest Law Enforcement, Governance and Trade (FLEGT) programs. However, the implementation of these laws is often inadequate, with weak enforcement and a lack of effective penalties for non-compliance. Moreover, corruption and lack of political will have been identified as key factors that hinder the effective implementation of environmental laws in Indonesia.
Co-Authors Maytsa Atika Al Maghfiroh Ummi A'zizah Zahroh