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THE LEGAL PROBLEMS OF LAND LAW TOWARD INVESTMENT ERA IN INDONESIA Supriadi, Supriadi; Weri, Asmadi; Sari, Dewi Kemala
Tadulako Law Review Vol 3, No 2 (2018)
Publisher : Tadulako University

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The development of the Indonesian nation needs assistance from abroad, through the mechanism of investment, and in the context of investment in Indonesia providing facilities in the field of import duties, and land use permits. The ease of granting permits to use the land is often an obstacle, because there is a clash between the community and large companies, the government and other agencies. To avoid such conflicts, the road taken is to build awareness of all stakeholders, especially government officials and security forces. the people who own / control their land are only intended to connect their lives. Meanwhile, government officials and security forces and law enforcement officials realized that "humanity is very valuable above all. Thus the method used is three approaches (i) type of research, which are related to the type of normative research; (ii) problem approach, using, namely: (a) conceptual approach; (b) the law approach. This approach will be used as a means to conduct legal analysis of the implementation of the construction of LNG or liquefied natural gas infrastructure in Uso Batui Village, Banggai District.Â The existence of an LNG development project managed by PT Donggi Senoro LNG, in practice led to conflicts between communities related to the non-implementation of Presidential Regulation No. 36 of 2005 as the basis for implementing compensation payments. By using the research method, the issue of land acquisition for the public interest is taken by means of: (i) the apparatus, both government officials, law enforcement officials, and agencies of the National Land Agency must do the right and fair in making decisions regarding land; (ii) placing the value of justice above the interests of legislation.

Regional Government Responsibility Related to Disaster Mitigation through Human Rights-Based Spatial Policies in Palu City Ismeti Ismeti; Lembang Palipadang; Moh. Tavip; Asmadi Weri
International Journal of Disaster Management Vol 5, No 3 (2022): December
Publisher : TDMRC, Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/ijdm.v5i3.30987

The 2018 earthquake in Palu highlighted the city's vulnerability. For this reason, disaster mitigation efforts were needed to reduce the impact of disaster. Disaster mitigation can take the form of formulating human rights-based spatial policies. The government is obliged to protect, respect, and promote human rights. The rights that must be protected in the formulation of spatial planning policies are the right to information, the right to participate, and the right to justice. This study aims to determine why disaster mitigation efforts through spatial planning policies are important for local governments to undertake and what form the responsibility of local governments in disaster mitigation efforts through human rights-based spatial planning policies in Palu City takes. This study used qualitative research methods. The data obtained comes from primary and secondary sources. Primary data includes excerpts from interviews with stakeholders and observations, as well as laws and regulations. Secondary data include scientific articles published in various accredited national journals and reports from relevant state agencies and institutions. The results of this study found that mitigation through spatial planning policies based on human rights is important to be done because, in addition to reducing the impact of disaster, it also ensures that people's rights are not violated. Through this spatial planning policy, the community can identify potential threats of disaster to their residential areas, allowing them to make informed decisions about their future quality of life in that area. Furthermore, active community participation in the implementation of this policy is encouraged to reduce the impact of future disasters. It is hoped that other regions, especially those prone to disaster, can also apply the concept of disaster mitigation through human rights-based spatial planning policies based on the results of this research.

The Presence of Sultan's Grant in Land Determination in Indonesia: a Case Study in Morowali Weri, Asmadi; Kemala Sari, Dewi; Hiola, Adiguna Kharismawan
Hang Tuah Law Journal VOLUME 8 ISSUE 2, OCTOBER 2024
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v8i2.228

The study investigates the implementation of the Sultan Bungku grant in Morowali Regency, Indonesia, given its historical significance and potential for land conflicts in the region. This research Purpose of Writing for aims to understand how the Sultan Bungku grant, a traditional land tenure system, has been adapted to contemporary land governance practices in Morowali, especially in light of industrial development. This research method is A normative legal research approach was employed, combined with interviews with relevant stakeholders in Morowali Regency. The study found that while the Sultan Bungku grant has historical significance, its implementation has been influenced by the introduction of modern land tenure systems, such as those established by the National Land Agency (BPN). This has led to a complex interplay between traditional and modern land governance practices. Despite the potential for land conflicts, the presence of the BPN and local government has contributed to a relatively stable investment environment in Morowali. This research provides valuable insights into the evolution of land tenure systems in Indonesia, particularly in regions with historical ties to traditional land governance. It highlights the challenges and opportunities associated with balancing traditional practices with modern land administration.

Regional Government Responsibility Related to Disaster Mitigation through Human Rights-Based Spatial Policies in Palu City Ismeti, Ismeti; Palipadang, Lembang; Tavip, Moh.; Weri, Asmadi
International Journal of Disaster Management Vol 5, No 3 (2022)
Publisher : TDMRC, Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/ijdm.v5i3.30987

The 2018 earthquake in Palu highlighted the city's vulnerability. For this reason, disaster mitigation efforts were needed to reduce the impact of disaster. Disaster mitigation can take the form of formulating human rights-based spatial policies. The government is obliged to protect, respect, and promote human rights. The rights that must be protected in the formulation of spatial planning policies are the right to information, the right to participate, and the right to justice. This study aims to determine why disaster mitigation efforts through spatial planning policies are important for local governments to undertake and what form the responsibility of local governments in disaster mitigation efforts through human rights-based spatial planning policies in Palu City takes. This study used qualitative research methods. The data obtained comes from primary and secondary sources. Primary data includes excerpts from interviews with stakeholders and observations, as well as laws and regulations. Secondary data include scientific articles published in various accredited national journals and reports from relevant state agencies and institutions. The results of this study found that mitigation through spatial planning policies based on human rights is important to be done because, in addition to reducing the impact of disaster, it also ensures that people's rights are not violated. Through this spatial planning policy, the community can identify potential threats of disaster to their residential areas, allowing them to make informed decisions about their future quality of life in that area. Furthermore, active community participation in the implementation of this policy is encouraged to reduce the impact of future disasters. It is hoped that other regions, especially those prone to disaster, can also apply the concept of disaster mitigation through human rights-based spatial planning policies based on the results of this research.

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