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All Journal Jurnal Cakrawala Hukum Etika Demokrasi Activa Yuris: Jurnal Hukum
Selvia Wisuda
Faculty Of Law, University Of Merdeka Malang
Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Journal : Jurnal Cakrawala Hukum

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Compensation for land rights holders according to the land acquisition law Dhaniar Eka Budiastanti; Khotbatul Laila; Nahdiya Sabrina; Diah Aju Wisnuwardhani; Selvia Wisuda
Jurnal Cakrawala Hukum Vol 13, No 2 (2022): August 2022
Publisher : Faculty of Law, University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v13i2.7970

Abstract

The aspect of compensation is very crucial in land acquisition for development for the public interest. The Law of the Republic of Indonesia Number 2 of 2012 concerning Land Procurement for Development in the Public Interest (PTBPKU Law) is "drowned" by the many cases of land disputes that are so complex. The regulations regarding land acquisition contained in the PTBPKU Law are indeed correct, but when viewed in terms of substance, they still leave several separate notes. Several things need to be studied more deeply, primarily related to the basic concept of acquiring land rights for the public interest and compensation assessment. This paper aims to provide legal protection for land rights holders who reject the amount of payment in the PTBPKU Law and compare it with the latest regulation of land acquisition, namely the Job Creation Act. The writing method used is a normative juridical method using the Statute Approach and the Comparative Approach. The PTBPKU Law, as amended by the Law of the Republic of Indonesia Number 11 of 2020 concerning Job Creation, has not been able to fully protect the holders of land rights affected by land acquisition for development in the public interest. Regulators should pay more attention to matters relating to compensation for land rights holders.How to cite item: Budiastanti, D., Laila, K., Sabrina, N., Wisnuwardhani, D., Wisuda, S. (2022). Compensation for land rights holders according to the land acquisition law. Jurnal Cakrawala Hukum, 13(2), 135-144. DOI:https://doi.org/10.26905/idjch.v13i2.7970.
Protection of Heirs Against Absentee Land Ownership Retno Sariwati; Selvia Wisuda
Jurnal Cakrawala Hukum Vol 14, No 1 (2023): April 2023
Publisher : Faculty of Law, University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v14i1.10006

Abstract

Land ownership is often non-existent in communities. Ownership through the process of inheritance, where the heirs live outside the district area where the object of inheritance is located. For example, a person living in a city inherits from his parents a farm in the village; this automatically made the heirs the absentee landowners. This study aims to provide legal protection for absentee land ownership obtained from the inheritance process. This study uses normative legal research methods with several approaches, namely the statutory approach and the conceptual approach. Legal protection for heirs of owners of land rights that do not exist in positive law. If the heirs do not exploit or utilize land that does not exist as mandated by law adequately, then there is no legal protection for the heirs. The prohibition of absentee land does not apply to persons or legal entities residing outside the sub-district which borders the location of agricultural land and allows agricultural land owners to cultivate or cultivate it efficiently.How to cite item: Sariwati, Retno, and Selvia Wisuda. “Protection of Heirs Against Absentee Land Ownership.” Jurnal Cakrawala Hukum. 14 no. 1 (2023): 46-53. DOI: 10.26905/idjch.v14i1.10006.
Co-Authors Ayu Dian ingtias Dhaniar Eka Budiastanti Diah Aju Wisnuwardhani INDRO BUDIONO Khotbatul Laila Muhajir Muhajir Muhammad Dahlan Nahdiya Sabrina RADITYA FEDA RIFANDHANA Retno Sariwati Rizky Herdian Herdiansyah Suardi Suardi Zenia Dwitya Pratidina