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JURIDICAL REVIEW ON LAND ACQUISITION AND FREEING OF LAND RIGHTS FOR THE SHAKE OF PUBLIC INTEREST (Case Studi: Decision of Siak District Court No. 23/PDT.G/2017/PN.Sak) Jonni Silitonga; Solistis Dachi; Rosnidar Sembiring
JURNAL PROINTEGRITA Vol 3 No 3 (2019): DESEMBER
Publisher : JURNAL PROINTEGRITA

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Abstract

Procurement of land and land acquisition for the construction of the Pekan Baru-Dumai toll road in Siak Regency, is implemented in accordance with Law No. 2 of 2012 concerning the procurement of land and land acquisition for the public interest, the Public Works and Public Housing (PUPR) of the Republic of Indonesia, The National Land Agency of Siak Regency, and the Land Procurement Committee (P2T) determine compensation for landowners who have been released without consultation (the party entitled). Suwitno Lumban Batu and his colleagues filed a lawsuit against the Law, so that the formulation of the problem of the legal phenomenon is: 1) How to procure land and land acquisition rights in Siak Regency? 2) How are the laws and regulations on land acquisition and the release of land rights for public benefit? 3) How judicial judgments of the Siak District Court have been in conformity with the legal norms and principles of civil procedure law on the Decision of Article Number 23 / Pdt.G / 2017 / PN. Sak This research is a legal research. Legal research is carried out to find solutions to legal issues that arise, namely to provide a prescription of what should be the issue based on civil case verdict number 23 / Pdt.G / 2017 / PN.Sak. The type of data used includes primary data and secondary data. Methods of data collection through case chronology and copy of the Decision and library research both books, legislation, papers, previous research results, documents, etc.. The results of this study indicate that the discussion of land acquisition is an activity to obtain land by providing compensation to those who release or surrender land, buildings, and objects related to land where legal arrangements regarding land acquisition for public interest in Indonesia have undergone a process developments since the unification of the Basic Agrarian Law Number 5 of 1960 and Law number 12 of 2012 concerning land acquisition and the release of land rights in the public interest. "Lawsuit Against Lawsuit" conducted by Suwitno and friends at the District Court of the Civil Code number23/Pdt.G/2017/PN.Sak, the judge was unacceptable (Niet Ontvankelijke Verklaard) The decision of the Siak District Court Judge is categorized as "legal record", because it is not in accordance with the norms and legal principles of civil procedure. The Judge of the Siak District Court included the Supreme Court Regulation Number 3 of 2016 as its legal consideration. Supreme Court Regulation number 3 of 2016 took effect on April 19, 2016, for cases of land rights damages that took place in October 2015. It means that the Supreme Court Regulation is not retroactive (non Retroactive). In this case the verdict of the Siak District Court was wrong in making legal considerations in deciding a lawsuit against the law in accordance with Article 1365 of the Civil Code.
LAW ENFORCEMENT AGAINST CIVIL SERVANTS WHO CONDUCT THE VIOLATION – TOWARD IMPLEMENTATION OF GOOD GOVERNANCE Amsarno S. Sarumaha; Maidin Gultom; Solistis Dachi
JURNAL PROINTEGRITA Vol 3 No 3 (2019): DESEMBER
Publisher : JURNAL PROINTEGRITA

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (279.971 KB)

Abstract

The purpose of this study is to find out, analyze and understand the procedures and mechanisms that are implemented in the implementation of good governance and good governance, the efforts undertaken by the government in improving the understanding of all components of stakeholders about good governance abd law enforcement against the civil servants who commit criminal acts. The data used in this study are primary data and secondary data. Primary data were obtained from the field by conducting interviews and case studies with related parties. Secondary data obtained through library research or documentation.Through this research obtained thoughts, doctrines, opinions or conceptual thoughts from previous studies relating to the object of research research In conducting research used legal materials consisting of primary legal materials, secondary legal materials, and tertiary legal materials. The results showed that the procedures and mechanisms that are implemented in the implementation of good governance and good governance are the implementation of good governance, clean and authoritative sustainable development and social justice, functional aspects of government that are effective and efficient in making efforts to achieve national goals. The orientation of good governance is: ideal state orientation directed towards the achievement of national goals. This orientation refers to democratization in the life of the state with its constituent elements, such as: legitimacy (whether the government is elected and has the trust of its people, accountability, securing of human rights, autonomy und devolution of power, and assurance of civilian control. A functioning government ideal, that is, effective, efficient in making efforts to achieve rational goals.This orientation, depends on the extent to which the government has competence and the extent to which political and administrative structures and mechanisms function effectively and efficiently.The efforts that must be made in increasing understanding of all components stakeholders about good governance.To achieve the socio-economic conditions above, the process of forming a democratic government is absolutely necessary. management of state institutions, good and clean governance can be realized maximally if it is supported by two interrelated elements: the state and the Civil Society in which there is a private sector. Countries with their government bureaucracy are required to change the pattern of public services from an elitist bureaucracy perspective into a populist bureaucracy. Populist bureaucracy is governance that is oriented towards serving and siding with the interests of society. Realizing the principles of good and clean governance, regional autonomy policy can be used as a medium for the transformation of the realization of the model of governance that sustains the growth of democratic culture in Indonesia.