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Journal articles on the topic 'Public land Law'
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1
Ivanov, Anton A. "Soil — Land Parcel — Land — Territory." Zakon 21, no. 5 (May 2024): 38–45. http://dx.doi.org/10.37239/0869-4400-2024-21-5-38-45.
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The article is devoted to the differentiation of some notions in civil law, land law and public construction law of Russia such as soil, categories of lands, land parcel, zone of regulation and territory. The land parcel as a true object of civil law requires its being defined as 3-dimentional thing (res) with corporeal (physical) contents. It does not matter what these contents are — soil, water or mineral resources. Technical description of the land parcel as a 2-dimentional surface (without filling) is one of the method of its individualisation. All other notions — categories of lands, zone of regulation, territory — are the notions of public law. Using these public notions in the description of civil law objects should be eliminated.
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Kim, Nam-Wook. "The footsteps of administrative law and public land law - Focusing on land planning law -." Korean Public Land Law Association 87 (August 30, 2019): 259–85. http://dx.doi.org/10.30933/kpllr.2019.87.259.
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Harris, Grant A., George Comeron Coggins, and Charles F. Wilkinson. "Federal Public Land and Resources Law." Journal of Range Management 40, no. 4 (July 1987): 383. http://dx.doi.org/10.2307/3898748.
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Krishnasanti, Trischa Galuh, and Made Widya Prasasti. "Land Bank as Land Provision Agency in Land Procurement for Public Interest." Jurnal Hukum Prasada 10, no. 1 (March 14, 2023): 59–68. http://dx.doi.org/10.22225/jhp.10.1.2022.59-68.
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The idea of creating regulations about Land Bank is getting stronger by seeing many problems regarding the land supply for development for the public interest. The enactment of Law Number 11 of 2020 concerning Job Creation is the basis for the establishment of the Land Bank Agency. The mandate of Article 33 paragraph (3) of the 1945 Constitution and Article 2 of Law Number 5 of 1960 concerning Basic Agrarian Principles says that the State has the authority to control, regulate, and organize the allotment of land, water, and natural resources contained therein for the people greatest prosperity. However, the availability of land amount is not proportional to the massive development by people and the government conduce in land price fluctuations. Moreover, the absence of a land operator role hinders infrastructure development for the public interest. The purpose of this study is to reveal the legitimacy of the Land Bank Agency in land procurement for development in the public interest after the enactment of Omnibus Law and to describe land acquisition by the Land Bank Agency. The doctrinal research method is used in this study. Approach methods that are used in this study are the statute and conceptual approaches. It was found that the legitimacy of the Land Bank Agency is a form of the authority of the State Right to Control over Land which carries out functions as a land manager and guarantees the availability of land in for the public interest so that the Land Bank Agency can act as an agency that requires land in land acquisition for development for the public interest. The acquisition of land by Land Bank Agency is carried out through government determinations and through a waiver of rights.
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Hajrah, Hassan Hamza. "Public Land Distribution in Saudi Arabia." Arab Law Quarterly 1, no. 3 (May 1986): 359. http://dx.doi.org/10.2307/3381761.
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Pyle, Lizbeth A., and Rutherford H. Platt. "Land Use Control: Geography, Law, and Public Policy." Geographical Review 83, no. 1 (January 1993): 92. http://dx.doi.org/10.2307/215385.
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Zhu, Ying-Ping. "The Protection of Land in Chinese Public Law." KOOKMIN LAW REVIEW 19, no. ll (February 2007): 47–73. http://dx.doi.org/10.17251/legal.2007.19..47.
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Cobb, Rodney L. "Land-Use Law: Marred by Public Agency Abuse." Land Use Law & Zoning Digest 52, no. 11 (November 2000): 3–10. http://dx.doi.org/10.1080/00947598.2000.10396043.
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Jackson, Richard H. "Land use control: Geography, law and public policy." Land Use Policy 9, no. 4 (October 1992): 306–7. http://dx.doi.org/10.1016/0264-8377(92)90010-t.
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Mertes, James D. "Land use control geography, law and public policy." Landscape and Urban Planning 23, no. 1 (December 1992): 72–73. http://dx.doi.org/10.1016/0169-2046(92)90066-9.
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Budiastanti, Dhaniar Eka, Khotbatul Laila, Nahdiya Sabrina, Diah Aju Wisnuwardhani, and Selvia Wisuda. "Compensation for land rights holders according to the land acquisition law." Jurnal Cakrawala Hukum 13, no. 2 (August 1, 2022): 135–44. http://dx.doi.org/10.26905/idjch.v13i2.7970.
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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,E., Laila, K., Sabrina, N., Wisnuwardhani, D, A., Wisuda, S. (2022). Compensation for land rights holders according to the land acquisition law. Jurnal Cakrawala Hukum, 13(2). 135-144. doi:10.26905/idjch.v13i2.7970.
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Marizal, M., Aulia Pravasta Indrianingrum, and Hilman Rigel Nugroho. "Dynamics of Customary Land Rights for Public Interest in Indonesia." Widya Pranata Hukum : Jurnal Kajian dan Penelitian Hukum 4, no. 2 (October 2, 2022): 155–66. http://dx.doi.org/10.37631/widyapranata.v4i2.685.
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Customary land which is one part of the customary law community has a large and significant role in the existence of the existence of the customary law community in an area. It is undeniable that land is an important element for meeting the needs and achieving the level of welfare of each person, including customary law communities. Utilization of ulayat land or called ulayat rights owned by indigenous peoples is actually used and intended for the welfare of indigenous peoples. Basically, the use of ulayat land in Indonesia is carried out based on the communal style (togetherness) which is one of the characteristics of customary law communities. Along with the times, with the limited amount of land in the territory of Indonesia, but collided with the increase in the number of people and population density that continues to increase, it has implications for the discovery of customary land uses carried out by other than customary law communities. The dynamics that often become a problem in the utilization of customary land are interesting to be studied in more depth. This type of research belongs to the type of normative juridical, with the research method used in compiling this paper is descriptive-qualitative method. Keywords: Customary Law Community, Communal Land, Customary Rights
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Bordereaux*, Laurent. "Seashore Law: The Core of French Public Maritime Law." International Journal of Marine and Coastal Law 29, no. 3 (September 10, 2014): 402–14. http://dx.doi.org/10.1163/15718085-12341312.
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As State property, the seashore is regulated by the general legal regime regarding natural publicly owned coastal land. With the advent of new preoccupations, particularly those promoting a global approach to the management of coastal areas, environmental law and urban planning now also play a significant role in the regulation of the seashore. This article traces the historical foundations of French seashore law and describes its current evolution.
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Tanjung, Dhiauddin. "CULTIVATING GOVERNMENT LAND FOR PERSONAL INTERESTS FROM ISLAMIC LAW AND POSITIVE LAW." JHSS (JOURNAL OF HUMANITIES AND SOCIAL STUDIES) 6, no. 1 (March 29, 2022): 040–44. http://dx.doi.org/10.33751/jhss.v6i1.5205.
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One of the problems that is almost difficult to solve in Indonesia is the problem of land that is managed by both regional and central governments and then cultivated and used by the community individually and for personal interests not the interests of the general public. government land that is used for the welfare of the people for personal interests according to Islamic law and positive law, secondly how are the sanctions for cultivating the land for personal interests according to Islamic law and positive law. In this study the author uses a normative/doctrinal legal research method, namely discussing and reviewing the law contained in fiqh books or laws. Through this normative method, it can be seen that working on government land for the welfare of the people for personal interests is an act of land grabbing which can be categorized as an unlawful act and can be threatened with imprisonment for a maximum of 3 (three) months, or a fine of up to IDR 5,000. (five thousand rupiahs). Whereas in Islamic law that working on government land which is a public facility for the benefit of the community is a vanity act and the act is illegal, there are two strict sanctions in fiqh, first, the government has the right to strictly prohibit someone who builds on the land of public facilities. Second, anyone, especially the government, has the right to demolish the building
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Barker, FR, and NDM Parry. "Private property, public access and occupiers’ liability." Legal Studies 15, no. 3 (November 1995): 335–55. http://dx.doi.org/10.1111/j.1748-121x.1995.tb00524.x.
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There is nothing new about legal rules which provide that a person who is in control of land owes a duty of care to entrants thereto. These occupiers’ liability rules are often seen as something primarily to do with tort, but their content and substance are also likely to reveal a good deal about the ‘property policy’ of the legal system in question, in the sense that they will indicate the respective weight and importance attachkd to various kinds of competing claim over land. A legal system containing rules that restrict the circumstances in which those with individual, controlling claims over land owe a duty of care to other persons entering that land would appear to indicate a policy preference for supporting and protecting ‘private property’ claims to land above others. On the other hand, a system which imposes on those controlling land a greater degree of legal responsibility for persons entering thereon may be one based on a policy of recognising, protecting and supporting a range of claims in land beyond those of a narrow, private nature.
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Miller, David Carey. "Public access to private land in Scotland." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 15, no. 2 (May 25, 2017): 118. http://dx.doi.org/10.17159/1727-3781/2012/v15i2a2482.
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This article attempts to understand the radical reform of Scottish land law in its provision for a general right of public access to private land introduced in 2003 as part of land reform legislation, an important aspect of the initial agenda of the Scottish Parliament revived in 1999. The right is to recreational access for a limited period and the right to cross land. Access can be taken only on foot or by horse or bicycle. As a starting point clarification of the misunderstood pre-reform position is attempted. The essential point is that Scots common law does not give civil damages for a simple act of trespass (as English law does) but only a right to obtain removal of the trespasser. Under the reforms the longstanding Scottish position of landowners allowing walkers access to the hills and mountains becomes a legal right. A critical aspect of the new right is that it is one of responsible access; provided a landowner co-operates with the spirit and system of the Act access can be denied on the basis that it is not being exercised responsibly. But the onus is on the landowner to show that the exercise of the right is not responsible. Although the right applies to all land a general exception protects the privacy of a domestic dwelling. Early case law suggests that the scope of this limit depends upon particular circumstances although reasonable 'garden ground' is likely to be protected. There are various particular limits such as school land. Compliance with the protection of property under the European Convention on Human Rights is discussed. The article emphasises the latitude, open to nations, for limitations to the right of ownership in land in the public interest. The extent of the Scottish access inroad illustrates this. This leads to the conclusion that 'land governance' – the subject of the Potchefstroom Conference at which the paper was initially presented – largely remains a matter for domestic law; the lex situs concept is alive and well.
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Muchtar, Andhyka, Akhmad Yani, and Muh Nasir. "Juridical Review of Land Acquisition for Public Interest Based on Law Number 2 of 2012 concerning Land Acquisition for Public Interest." JISIP (Jurnal Ilmu Sosial dan Pendidikan) 8, no. 2 (March 13, 2024): 1293. http://dx.doi.org/10.58258/jisip.v8i2.6772.
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Regulations on Land Acquisition for development in the public interest are regulated in Law Number 2 of 2012 concerning Land Acquisition for Development in the Public Interest and its Implementing Regulations are regulated by Presidential Regulations and Regulations of the Head of the National Land Agency of the Republic of Indonesia. Land acquisition for development in the public interest is carried out through several stages, namely planning, preparation, implementation and delivery of results. Implementation of land acquisition also often intersects with fundamental legal issues such as human rights, the principle of justice, the principle of balance between the interests of the state and the interests of society both in terms of individual or group. This article was written using the method normative legal research In this type of legal research, law is often conceptualized as what is written in statutory regulations (law in books) or law is conceptualized as rules or norm.
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Stevens, Caleb J. "The Legal History of Public Land in Liberia." Journal of African Law 58, no. 2 (April 4, 2014): 250–65. http://dx.doi.org/10.1017/s0021855314000059.
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AbstractThis article demonstrates that there has never been a clear definition of public land in Liberian legal history, although in the past the government operated as if all land that was not under private deed was public. By examining primary source materials found in archives in Liberia and the USA, the article traces the origins of public land in Liberia and its ambiguous development as a legal concept. It also discusses the ancillary issues of public land sale procedures and statutory prices. The conclusions reached have significant implications for the reform of Liberia's land sector.
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Smith, Sarah C. "A Public Trust Argument for Public Access to Private Conservation Land." Duke Law Journal 52, no. 3 (December 2002): 629. http://dx.doi.org/10.2307/1373164.
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Skillen, James R. "Closing the Public Lands Frontier: The Bureau of Land Management, 1961–1969." Journal of Policy History 20, no. 3 (July 2008): 419–45. http://dx.doi.org/10.1353/jph.0.0021.
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When the Bureau of Land Management (blm) was formed in 1946, the agency and the lands it managed had an ambiguous identity and future. Formed by President Truman through the merger of the General Land Office and the U.S. Grazing Service, the blm inherited the remaining 450 million acres of public-domain lands in the American West and Alaska, which I will refer to simply as “the public lands.” With those lands, the blm also inherited a set of property-rights regimes—that is, a set of property rights, privileges, and relationships that control land and resource access, withdrawal, management, exclusion, and alienation—that were strongly reflective of the nineteenth-century frontier era. They were marked by private initiative, self-regulation by public lands users, and common-law principles of prior use and appropriation. Indeed, public lands users often acted as if they held common-law rights to the public lands, claims that western congressmen defended through appropriations and oversight.
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Wahanisa, Rofi, Suhadi Suhadi, and Aprila Niravita. "COMPENSATION SYSTEM OF WAQF LAND ACQUIRED FOR DEVELOPING PUBLIC INTEREST." Diponegoro Law Review 7, no. 1 (April 28, 2022): 70–87. http://dx.doi.org/10.14710/dilrev.7.1.2022.70-87.
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A number of activities related to land acquisition for public interest use waqf. The principle of waqf is derived from Islamic Law in which wakif (the owner) donates waqf (in the form of land) to nazhir (the manager of the edified property) for worship purposes. The problems in this paper consist of whether there is a system regarding waqf land acquired for public interest, and how compensation and supervision are given regarding waqf land acquired for developing public interest. Using normative legal research with legislation and conceptual approach, this paper argues that acquisition of waqf land is regulated in Law No. 2/2012 on Land Acquisition for Developing Public Interest and Law No. 41/2004 on Waqf. it is regulated that compensation will be given to nazhir for waqf land acquired. It also regulates that the status of waqf land can be changed into non-waqf one for public interest through exchange mechanism. In order to provide legal certainty over waqf land acquired for public interest, legislation on land acquisition needs to be harmonized with legislation on waqf.
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Maurici, James. "Public Law Reviewability of Land Disposal (and Management) Decisions." Judicial Review 19, no. 4 (December 19, 2014): 237–52. http://dx.doi.org/10.5235/10854681.19.4.237.
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Kuhlken, Robert, and Rutherford H. Platt. "Land Use and Society: Geography, Law, and Public Policy." Geographical Review 87, no. 1 (January 1997): 115. http://dx.doi.org/10.2307/215666.
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SCHÜKLENK, UDO. "PUBLIC HEALTH ETHICS AND THE LAW OF THE LAND." Developing World Bioethics 11, no. 1 (March 17, 2011): ii—iii. http://dx.doi.org/10.1111/j.1471-8847.2011.00298.x.
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Pearlman, Kenneth. "Land Use and Society: Geography, Law, and Public Policy." Journal of Planning Education and Research 24, no. 4 (June 2005): 460–62. http://dx.doi.org/10.1177/0739456x05276137.
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Gupta, Surabhi. "Public Policy and Land Exchange: Choice, Law, and Praxis." Vikalpa: The Journal for Decision Makers 42, no. 4 (December 2017): 268–69. http://dx.doi.org/10.1177/0256090917731647.
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-, Sarkawi. "Aspek Yuridis Dan Prosedur Pembebasan Hak Atas Tanah Untuk Pembangunan Kepentingan Umum." JATISWARA 26, no. 2 (October 10, 2017): 88–108. http://dx.doi.org/10.29303/jtsw.v26i2.14.
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Execution liberation land right for development base on public interest must be on procedure that commended on law and regulation especially related by liberation to land right for development base on public interest. One of law and regulated are UUPA number 5 year 1960 as the top of regulated about land and as the main gate of human right to land right, beside that many regulation that related to liberation land right for execution development base on public interest. In the contex of requirement of land are relation closely by legality of pallet ownership that oftenly make problem on practice especially in processes for liberation to right land for exeploited development base on public interest, the social right in mastered land and perpetrator development oftenly use development mission for publict interest that forgetting the mean of welfare and social need. Therefore the fact in execution liberation land right must be done by deliberation of general consensul among owner of land with the government, so will be doing by applicant of land liberation, before that the land will be analysis with suitable development creteria by Bappeda and than inviting land owner to look for the suitable price without to prejudicate the right owner of land and than payed according wide of the land.
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Nurnaningsih, Nurnaningsih. "Legal Interpretation of Regulation Law No. 2 of 2012 Concerning Land Acquisition for Development in The Public Interest." Veteran Law Review 6, SpecialIssues (April 18, 2023): 70–84. http://dx.doi.org/10.35586/velrev.v6ispecialissues.5761.
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Law No. 2 of 2012 concerning Land Acquisition for Development in the Public Interest (Land Acquisition Law) has been a guideline for the government in conducting land acquisition for more or less 10 years. In the Land Acquisition Law, land allotment for development in the public interest does not include mining as a part of development in the public interest This research aims to analyze and understand the Legal Interpretation of Regulation Law No. 2 of 2012 Concerning Land Acquisition for Development in The Public Interest. The method of this research is library research as a research in literature or an activity to compile information relevant to topic or object of research and received from books, scientific paper, thesis, dissertation, encyclopedia, internet and other resources. The research shows the result is To ensure the availability of land for public interest by taking into account the balance between the interests of development and the interests of the community.
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Alexandru, Dana Georgeta. "LAND AND PROPERTY RIGHTS WITHIN THE URBANISM LAW." Agora International Journal of Juridical Sciences 10, no. 2 (January 30, 2017): 1–11. http://dx.doi.org/10.15837/aijjs.v10i2.2837.
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The study intends to highlight the functions of property rights in relation to the characteristics of urbanism law. The analyse aims to identify the role of public authorities in the production process of planning public policies, under current regulations in force in Romania. Moreover, while the legislation led to confer a social function of property rights, this conception of property rights comes up against the revival of private property, which is likely to complicate the implementation of public planning policies. The social function of the property law, however, could reach its limits in the coming years. Indeed, the jurisprudence appears to give a boost to the individualistic dimension of ownership complicating the achievement of public planning policies.
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Ukasyah, Muhammad, and Karina Putri. "Analysis of the Application of Agrarian and Spatial Planning Laws in Land Disputes for the Development of Public Facilities." Enigma in Law 1, no. 1 (November 7, 2023): 6–11. http://dx.doi.org/10.61996/law.v1i1.12.
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The Agrarian and Spatial Planning Law (UUATR) is used to settle land disputes so that public facilities can be built. It is a legal process that tries to find a balance between land owners' rights and the needs of the community and the government's desire to build infrastructure that helps the economy grow. UUATR is an important legal framework for regulating land rights, ownership, and procedures that must be followed in resolving land disputes. In land disputes for the construction of public facilities, the application of the agrarian law plays an important role in maintaining a balance between public interests in infrastructure development and the rights of land owners. The application of the agrarian law in land disputes for the construction of public facilities ensures that important infrastructure development can proceed in line with the public interest while safeguarding the rights and welfare of land owners. This creates a fair and sustainable framework for resolving land disputes in Indonesia.
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Maslon Hutabalian. "TINJAUAN HUKUM PERDATA TERHADAP KEBIJAKAN KONSINYASI BERDASARKAN UNDANG-UNDANG RI NOMOR 2 TAHUN 2012 TENTANG KEWENANGAN NEGARA TERHADAP PENGADAAN TANAH UNTUK KEPENTINGAN UMUM." Jurnal Komunikasi Hukum (JKH) 8, no. 2 (August 1, 2022): 548–58. http://dx.doi.org/10.23887/jkh.v8i2.51743.
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Land procurement for public interest based on Law No. 2 Year 2012 Activities held land by giving compensation decent and fair for those who are eligible, the land acquisition is an activity undertaken by the private sector and the government in order to get a piece land allocated for the implementation of a specific development. This research is descriptive analysis with normative juridical approach, ie an approach to legislation related to land acquisition, so as that at issue in this study is how the rule of law to the public shareholders Certificate of Ownership (SHM) is a land in the consignment policy associated with state authority in the procurement of land for public purposes under Law No. 2 In 2012, What are the factors inhibiting the provision of land and how to overcome obstacles facing the government in the procurement of land for public purposes and how the legal protection of individuals (people) who have policies consignment on a piece of land without their prior agreement. Based on research that land procurement for public interest implemented by the government must have legal certainty for holders of land rights, the rule of law in this case means that the government can not impose its authority to waive or revoke ownership rights of a holder of rights on land allocated for public use without first taking care of right holders in terms of social aspects and of the economic aspect, so that the individual holders of land rights can extend their life better than before its release or revoked, then the government must be able to guarantee legal protection for individuals/ communities experiencing problems law, particularly in the context of land acquisition for public purposes, which individuals/ communities of the poor do not have the power to block any government action that seemed to rape their human rights.
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Cahyono, Hendri, and Gunarto Gunarto. "The Law Application of Land Procurement for Development in Public Interest." Sultan Agung Notary Law Review 3, no. 2 (August 6, 2021): 635. http://dx.doi.org/10.30659/sanlar.3.2.515-525.
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Implementation of the application of Article 35 of Act No. 2 of 2012 concerning Land Acquisition for the Development of Toll Roads in the Public Interest. The value of compensation based on the results of the Appraiser's assessment becomes the basis for deliberation to determine compensation. In Article 35 of Act No. 2 of 2012 it is stated that if in the case of certain land parcels that are affected by land acquisition there are remnants that can no longer be functioned according to their designation and use, the entitled Party may request a complete replacement of the parcel of land. What is meant by "no longer able to function" is a parcel of land that can no longer be used according to its original designation and use, for example a residential house that is divided so that some of it cannot be used as a residential house. The objectives of this research are as follows: 1) To examine the implementation of the application of Article 35 of Act No. 2 of 2012 concerning Land Procurement for the Development of Toll Roads in the Public Interest. 2) Knowing the problems faced in the implementation of the application of article 35 of Act No. 2 of 2012 concerning Land Procurement for the Development of the Public Interest of Toll Roads. 3) Assessing the legal impact of the implementation of article 35 of Act No. 2 of 2012 concerning Land Procurement for the Development of Toll Road Public Interest. The approach method in this writing uses a doctrinal method or what is called normative legal research and qualitative descriptive analysis, namely by aligning and describing the real situation. By answering the main problems in this journal research, namely 1) How to implement article 35 of Act No. 2 of 2012 concerning Land Acquisition for the Development of Toll Road Public Interest. 2) What are the problems faced in the implementation of article 35 of Act No. 2 of 2012 concerning Land Procurement for the Development of Toll Road Public Interest. 3) What are the legal implications of the implementation of Article 35 of Act No. 2 of 2012 concerning Land Acquisition for the Development of Toll Roads in the Public Interest.
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Semenyshyna-Figol, Bohdana. "LAND RELATIONS AS AN OBJECT OF CRIMINAL LAW PROTECTION IN UKRAINE." Law Journal of Donbass 75, no. 2 (2021): 96–104. http://dx.doi.org/10.32366/2523-4269-2021-75-2-96-104.
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The article is devoted to a comprehensive study of land relations as an object of criminal law protection and prevention of criminal offenses in the field of land relations. The author formulated the concept of «land relations», and the study of current legislation, scientific sources provided an opportunity to reveal the essence and content of land relations, to explore the current state of public administration. Land legal relations are public relations that exist in connection with the exercise of the rights and legitimate interests of landowners and land users, their responsibilities; activities of jurisdictional bodies and other entities regarding the possession, use and disposal of land, its rational use, reproduction and protection. Analysis of current regulations, scientific sources made it possible to reveal the essence and content of land relations, to explore the current state of public administration. Land relations are a circle of homogeneous social relations: the subjects of which may be individuals, legal entities, public authorities and local governments, foreign states, international organizations, public associations and organizations – bearers of subjective legal rights and responsibilities; the common object of which is land, and the direct objects may be land, land as a natural resource, including soils, information about land; their content is the relationship of land ownership and land use, their rational use, reproduction and protection, the activities of public administration, in accordance with the specifics of land categories, features of common and direct objects. Based on modern legal understanding, the principles of criminal law protection of one of the fundamental elements of the environment – land resources as an object of the environment, legal relations of land ownership and agricultural activities. The concept of criminal-legal protection of land resources of Ukraine is developed, which is based on the results of a comprehensive study of the stated issues, taking into account modern views and recent achievements of legal doctrine, which includes the legislator, and man as an integral part of the unified system of the latter, and law enforcement – on the use of regulations not only of criminal law, but also a set of departmental legal acts in the process of criminal law protection of land resources of Ukraine.
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Owen, Bagus. "Compensation For Land Affected By Public Road Construction In Deli Serdang Regency." International Asia Of Law and Money Laundering (IAML) 1, no. 4 (September 15, 2022): 222–27. http://dx.doi.org/10.59712/iaml.v1i4.42.
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Before the land is used for public purposes such as roads, markets and others can be implemented through the procedures established by law is no exception to the acquisition of land destined for private interests. In land acquisition can be done as stipulated in Article 21 of the basic agrarian law. To do land acquisition, the land must have a person or legal entity that owns it. In the land acquisition, a person or legal entity has the right to receive monetary compensation or replacement of land located elsewhere. In addition, the land acquisition required the approval or agreement of both parties to be implemented by the committee that handles the so-called Land Acquisition Committee.
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Sa'adiyyah, Ade Millatus. "TINJAUAN YURIDIS PENGADAAN TANAH BAGI PEMBANGUNAN UNTUK KEPENTINGAN UMUM DALAM MEWUJUDKAN NEGARA KESEJAHTERAAN BERDASARKAN UNDANG-UNDANG NOMOR 2 TAHUN 2012." Pro Patria: Jurnal Pendidikan, Kewarganegaraan, Hukum, Sosial, dan Politik 6, no. 1 (April 20, 2023): 102–18. http://dx.doi.org/10.47080/propatria.v6i1.2341.
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ABSTRACT
Land is indispensable for human, such as residence, and another infrastructures. A constrain on face is continuous population growth while lard availability is limited. Indonesia currently being actively implementis development, it goals are creating prosperity and justice for Indonesia citizen. In order to implement it, demand for lard is increasing. In development activities related to the lard reguirement, could appears the various cortlictirs interests. If the land was taken for development purpose it must sacrifice the interests and contrary to human right and state law. Yet, if there is no land, the goals of development to create state welfare and justice is hampered. The aims this thesis to solve some problems, are : (1) How to acguisihor ofland development as set out in law No 2, 2012 about land procuremenr for grouth on public interest in line with country goals such as increasing society welfare? (2) Does law No 2, 2012 about land acguisihor for growth on public interest in practice in line with human right? (3) How the land acguisition perpective for growth on public interest in future to realize welfare state?To answer this problems, pursued through juridic normative approach method in which to analyze according to law and regulations associated with empirical data, and find conclusions ther arrange a descriptive to find the answer to the problems.The study showed that : (1) Land acguisition for development on public interest set in law No 2.2012 there is lack in indemnity. (2) Law No.2, 2012 in practice should accordance with the human right. Human right mears property rights to land then taken by the state for public development must be accordance with article 2, said that principles and purposes of the implementation of the land acguisition including the principle of humanity. (3) Law No 2.2012 expected that agrarian law in future better than previous regulations for government as land acguisition operator, also for the party whose land is used for public interest and realize welfare for all Indonesia society.
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Komaruddin, Komaruddin, and I. Gusti Ayu Ketut Rachmi Handayani. "Legal Protection: Converting Agricultural Land To Residential Land (Legal Analysis of Agricultural Land Conversion)." Legal Standing : Jurnal Ilmu Hukum 1, no. 2 (December 13, 2017): 18. http://dx.doi.org/10.24269/ls.v1i2.768.
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Indonesian population growth has increased rapidly. Therefore, it needs residential land to build schools, markets, and various public places. This condition makes land conversion increase as agricultural land in Indonesia is wide and relatively easy to be converted. However, if this happen continuously, Indonesia will face endanger of food resilience. Actually, a legal instrument, Law Number 41 of 2009 on Sustainable Food Agricultural Land Protection, is a law that prevents agricultural land conversion for the sake of national food resilience Practically, agricultural land conversion unstoppable and continuously keeps happening. Therefore, judicial approach is significantly required in to comprehensively prevent agricultural land conversion.
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Muwahid, Muwahid. "Kewenangan Pemerintah Dalam Pengadaan Tanah Untuk Kepentingan Umum." Al-Daulah: Jurnal Hukum dan Perundangan Islam 8, no. 2 (October 3, 2018): 318–45. http://dx.doi.org/10.15642/ad.2018.8.2.318-345.
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The government, in carrying out land acquisition for the public interest, gets the authority of attribution in Law No. 5 of 1960 about the Basic Agrarian Principles (UUPA) as contained in article 2, article 6, and article 18. On the oher hands, the government also gets the attributional authority of Law No. 20 of 1961 about revocation of land rights, and Law No. 2 of 2012 about land acquisition for development of the public interest. However, in the laws and regulations governing land acquisition in the public interest, there is an inconsistency in regulation between Law No. 2 of 2012 and Law No. 20 of 1961. Several articles in Law No. 2 of 2012 deny the provisions regulated in Law No. 20 of 1961. Even though Law No. 20 of 1961 is still valid because it has never been revoked or replaced with other laws and regulations. Beside that, there is an overlapping arrangement between Law No. 2 of 2012 and Law No. 20 of 1961. Keywords: Authority, Government, Land Procur
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Walsh, Emily. "Public versus private land use controls in England and the USA." International Journal of Law in the Built Environment 9, no. 1 (April 10, 2017): 18–31. http://dx.doi.org/10.1108/ijlbe-09-2016-0013.
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Purpose This paper aims to compare the law with regard to private property rights and restrictions and public controls in England and the USA, and the theoretical debates that surround them, to understand whether the private land use controls of nuisance and restrictive covenants could have a greater role to play or the public law system of planning is the best way to manage land. Design/methodology/approach This paper starts by summarising and comparing, firstly, the private laws of nuisance and restrictive covenants and then laws relating public planning, zoning and takings in England and the USA. It then reviews theoretical approaches taken in both jurisdictions to land use restrictions. Findings The paper concludes that private land use restrictions can only play a limited role in land management in England. Scarcity and cost of available housing necessitate a mechanism by which the state can intervene to remove or modify restrictions to enable alteration and development. The structure of freehold ownership in England and the low take-up of Commonhold as an alternative tenure mean that expansion in the use of private land use restrictions to control the use of land is unfeasible. Originality/value The value of this paper is that it seeks to provide insight into the contested relationship between private and public law and the relationship between property law and planning.
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Wardani, Millati Hanifah, and Andi Salman Maggalatung. "Penyelesaian Sengketa Pengadaan Tanah Pada Pembangunan New Yogyakarta International Airport Berdasarkan Undang-Undang tentang Pengadaan Tanah Bagi Pembangunan Untuk Kepentingan Umum." JOURNAL of LEGAL RESEARCH 4, no. 4 (August 1, 2022): 861–82. http://dx.doi.org/10.15408/jlr.v4i4.21873.
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Resolving land acquisition disputes for the public interest, it is fitting for the state to pay attention to values outside of the rule of law itself, including the value of social justice and the value of benefits to guarantee the basic rights of affected communities. This study aims to find out provisions for land acquisition for development in the public interest and implementation of Law Number 2 of 2012 concerning Land Procurement in the construction of New Yogyakarta International Airport. The process of land acquisition for development in the public interest is carried out in the stages of planning, preparation, implementation, and submission of results. The implementation of land acquisition is intended as an instrument for infrastructure development programs for community welfare as mandated by Law Number 2 of 2012 concerning Land Procurement for Development in the Public Interest.
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Langelo, Rosalina Dewi. "LEGAL IMPACT OF LAND ACQUISITION FOR PUBLIC LAND PROCUREMENT DEVELOPMENT." Tadulako Master Law Journal 2, no. 2 (June 30, 2018): 59. http://dx.doi.org/10.22487/j25797697.2018.v2.i2.10410.
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The process of land acquisition for development for wide-ranging public interest is always carried out with the stages as stipulated in Law Number 2 Year 2012 and its implementing regulations. However, other things with the procurement of small-scale land that can be done by way of sale and purchase, exchange or other means agreed by both parties without going through the stages set forth in the laws and regulations implementation. Article 121 of Presidential Regulation No. 148 of 2015 in paragraph (3) states that small-scale land procurement can be carried out without location determination. In the absence of a location stipulation in small-scale land acquisition resulted in agencies requiring land can not consign or take care of damages in court because one of the conditions set forth in Supreme Court Regulation No. 3 of 2016 to do consignment or nursing in court requires determination location set by governor or mayor / regent
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Qolifah, Nurul, Hadi Haerul Hadi, Uluhiyah Uluhiyah, Ahmad Hilwani, Asnawi Asnawi, Harry Qurba, and Anton Nasrullah. "PKM SOSIALISASI HUKUM TENTANG TERTIB ADMINISTRASI PERTANAHAN DAN PERHITUNGANNYA DI DESA SINARMUKTI." Indonesian Collaboration Journal of Community Services (ICJCS) 1, no. 3 (August 30, 2021): 146–53. http://dx.doi.org/10.53067/icjcs.v1i3.20.
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Land registration is a form of land administration regulated in the Basic Agrarian Law (UUPA). As stated in the UUPA, land registration must be carried out because the purpose of land registration is very beneficial for land rights holders. However, there are still individuals who have not completed the land registration process in Sinarmukti Village. This is an unorganized form of land administration. Many factors cause the absence of orderly land administration, one of which is the lack of public understanding of agrarian laws and regulations, especially regarding land registration which is one component of land administration. Many problems may arise if land registration is not carried out; for example, a common problem in Indonesia is disagreement (land disputes). Land disputes continue to occur; one of the causes is the irregularity of land administration in the past. This problem can happen anywhere and can appear in the Sinarmukti Village community. Therefore, agricultural law counseling activities are carried out to increase public understanding of agrarian law, especially the orderly land administration with land registration. These activities are carried out through the use of an online seminar system or webinars. The general public can follow the guidelines from the webinars so that the public becomes aware and knows about land administration
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Ridwan, Ridwan. "Land Ownership Reform in Islam." Asian Social Science 15, no. 2 (January 30, 2019): 164. http://dx.doi.org/10.5539/ass.v15n2p164.
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This article shows that Islam has laid the foundations of agrarian law reform or land reform, from the oppressive and exploitative pre-Islamic system of land ownership towards the fair, equitable and humanist-religious-based distribution of land ownership. The purpose of agrarian reform cannot be separated from the objectives of the law in general, that is to create justice, expediency and law certainty which describe the legal values either juridical, sociological or philosophical. To explain the idea of agrarian reform in Islamic law, there are some discussions proving the existence of the notion of land ownership reform in terms of the process of land right ownership and patterns of land distribution by the State based on the historical data, especially early history of Islam. Shifting paradigm from the feudalist pre-Islamic ownership system to the communalist-religious Islamic ownership system under the single authority of the head of state on the basis of the principle of fairness rests on the spirit to realize the ideals of public benefit.
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Lego Waspodo. "Peningkatan Penerimaan Pajak Melalui Penyuluhan Undang Undang No. 12 Tahun 1994 Tentang Pajak Bumi dan Bangunan." Jurnal Nusantara Berbakti 1, no. 4 (October 6, 2023): 97–105. http://dx.doi.org/10.59024/jnb.v1i4.248.
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There are several problems to socialize taxation, especially Law No. 12 of 1994 concerning Land and Building Tax, including: How to disseminate and instill an understanding of the importance of taxes for development. How to disseminate and instill public awareness of Law No.12 of 1994 concerning Land and Building Tax. Increasing public understanding of Law No. 12 of 1994 concerning Land and Building Tax is carried out by socialization. Socialization is done with lectures and discussions. Before conducting the lecture, participants were given questionnaires related to understanding and awareness of land and building taxes. At the end of the socialization, participants were distributed the same questionnaire again to find out whether participants' understanding of Law No. 12 of 1994 concerning Land and Building Tax following the training increased or not. This method is expected to increase public understanding and awareness to pay Land and Building Tax obligations.
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Permadi, Iwan. "KEDUDUKAN HUKUM PERSEWAAN TANAH NEGARA." Perspektif Hukum 16, no. 2 (May 18, 2017): 139. http://dx.doi.org/10.30649/phj.v16i2.61.
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<em>This paper examines how the legal status of leasing the public land in deal with the State's Right of Controlling is and how the further regulating them in the implementation of regional autonomy is. The used method is a normative legal research with secondary data sources through primary legal materials, secondary and tertiary. The results show that leasing the land that the object is a public land constitutes an action against the law, because the state is in fact not the owner of the land. The state only has the right to control the public land and the only the owner has the right to lease the land. Therefore, there is a smuggling law in case of leasing the public land through enacting the regional regulations that contain the permit to use the public land, that the third parties can use public land but the third party must pay a sum of money.</em>
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Mebri, Jhon A. "KEDUDUKAN HAK ATAS TANAH MASYARAKAT HUKUM ADAT UNTUK KEPENTINGAN UMUM." DiH: Jurnal Ilmu Hukum 13, no. 25 (February 1, 2017): 69–84. http://dx.doi.org/10.30996/dih.v13i25.2223.
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Land has a very important meaning in human life, because most of human life depends on the land. There is a close correlation between man and the land and there is no human in this world who does not need the land. The land is not only understood as an economic resource, but for others it sees the land as sacred and one of the indigenous peoples of Papua must preserve. So with the government policy to allocate land for public interest often conflict with the interest of indigenous people of Papua. Related to the procurement of land is regulated in Law No. 2 of 2012 on Land Procurement for Development for Public Interest. The focus of this research is how to recognize and regulate land rights of indigenous and tribal peoples for the public interest in Papua and how are the legal effects on customary land rights for indigenous and tribal peoples in Papua? By using normative research methods it can be concluded that the recognition and regulation of indigenous peoples' rights to land as customary rights in accordance with the provisions of the Basic Agrarian Law, the Law on Special Autonomy and Law No. 6 of 2014 on Villages, is recognized Of its existence and use in accordance with applicable provisions in indigenous and tribal peoples. However, in practice it is often not in accordance with the provisions in force in Indonesia, so as not to provide justice and legal certainty.The legal consequences of customary law community land acquisition for public interest are the form of indemnity for indigenous and tribal peoples through the agreed mechanism and the transfer of land rights of customary law community to the government.
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Latif, Faozi, and Asep Sunarko. "PENGALIHAN HAK ATAS TANAH UNTUK KEPENTINGAN UMUM MENURUT HUKUM ISLAM." Ahkam: Jurnal Hukum Islam 8, no. 2 (November 20, 2020): 287–310. http://dx.doi.org/10.21274/ahkam.2020.8.2.287-310.
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Transfer of land rights for public interest in the community often occurs. The transfer of land is done for various purposes, including the construction of roads, hospitals, places of education, places of worship and others. This research is pursued in the discussion of the process of transferring land rights in the public interest according to Islamic law and the consequences for the transfer of ownership rights to land in the public interest. This research uses library research. The results of the study explained that in Islamic law the transfer of land rights was carried out in the time of the Prophet and also shahaba. Transfer of land rights for public interest in Islam can be done through buying and selling or compensation and endowments. After the transfer of land rights, the rights to manage and use the land are transferred to the second party.
Keywords: Land, Public Interests, Waqf.
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Putri, Karina, Sartika Intaning Pradhani, and Hendry Julian Noor. "THE EXISTENCE OF ADAT LAW COMMUNITY IN PUBLIC-PRIVATE PARTNERSHIP." Yustisia Jurnal Hukum 9, no. 3 (December 31, 2020): 306. http://dx.doi.org/10.20961/yustisia.v9i3.25492.
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<em>This paper aimed to elaborate the participation of Adat Law Community in Public-Private Partnership (PPP) to introduce new approach to replace compensation to more participative and collaborative scheme of infrastructure development in PPP. This article uses the normative legal research with the conceptual, statute, and case approach. This research show that releasing the land used for infrastructure development procurement will abolish the identity of the community. It have shown that failure in recognizing Adat Law Community as rightful party over their land neglects their right to entitle compensation. Furthermore, instead of economically compensating ulayat land of Adat Law Community used for infrastructure development, Adat Law Community’s participation shall be involved in infrastructure development on their land. The active participation of Adat Law Community can be exercised through placing the community as public entity in PPP. For comparison in China, the State does not pay according to market prices to farmers. However, it provides a compensation package that includes employment opportunities for farmers, housing compensation, compensation for crop loss, and / or granting a residence permit in urban areas. This make them eligible for their social welfare such as health insurance, pensions and / or retirement plans, access to high-quality schools and subsidized agricultural goods that were not previously available to farmers</em>
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Petkov, V. P., and A. Yu Komar. "LAND OFFENSES: DISTINCTION BETWEEN CRIMINAL, ADMINISTRATIVE AND DISCIPLINARY LIABILITY." Scientific journal Criminal and Executive System: Yesterday. Today. Tomorrow 2024, no. 1 (June 27, 2024): 158–74. http://dx.doi.org/10.32755/sjcriminal.2024.01.158.
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The constitutional principles of a democratic and legal state guide the development of Ukraine in the direction of people’s rule and a legal state. Therefore, the subsystem of legal norms regulating homogeneous relations in the sphere of public and state maintenance of law and order acquires special importance for the materialization of formal and declarative norms about a democratic and legal state. Therefore, it is relevant to substantiate the need to separate the rules (norms) of public (public) order and disciplinary responsibility for their violation from the branches of administrative legislation into a separate branch according to the postulates of law. It is appropriate that the state regulation of behavior in public (public) places should be set out in the Code of Public Order. And the norms regulating responsibility for land, forest, air, etc. misdemeanors were transferred to the basic codes regulating legal relations in the relevant spheres of socio-economic life. At the same time, the primary task is to update and reform legislation based on the postulates and axioms of legal theories. The formation and development of civil society, organized into a democratic, social, legal state, in accordance with the principle of popular sovereignty, leads to changes in the very essence of delictological legal relations, a return to the postulates of legal theory (in the context of revived natural law). The separation of prescriptions and sanctioned customs of public order into an independent branch of law by including public rules regulating this order in its institutions forms a system of norms of public legal order. The proposed differentiation and systematization of legal responsibility is the basis for bringing the legal system into compliance with the axioms of the theory of law (jurisprudence) based on the postulates of Roman civil law. This will contribute to the improvement of both public order, in particular, and the development of civil society institutions, democracy, and the establishment of the rule of law in general. As well as the humanization of legal responsibility, the spread of educational and psychological measures of social (moral) responsibility, the strengthening of the discipline of social coexistence, the education of citizens’ self-discipline as a component of individual legal awareness. The transfer of norms regarding the responsibility for land offenses of private law officials and citizens to the basic land code will allow to systematize and separate the norms regarding the direct administrative responsibility of public law officials (state authorities, local self-government bodies) for illegal actions (inaction), land offenses in the field of management. Key words: legal responsibility, criminal offense, administrative offense, land offenses, land offenses in the field of management, public order, public misdemeanor.
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Ahsan, Mahmudul, and Towhidul Islam. "জনস্বার্থে রাষ্ট্রকর্তৃক ভূমি অধিগ্রহণ : প্রচলিত ও ইসলামি আইনের তুলনামূলক পর্যালোচনা|Land Acquisition by State for Public Interest: Comparative Analysis Between Conventional and Islamic Law." ইসলামী আইন ও বিচার | Islami Ain O Bichar 19, no. 73 (May 2, 2023): 31–48. http://dx.doi.org/10.58666/iab.v19i73.239.
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Islam attaches great importance to property rights and at the same time takes active responsibility for the overall welfare of the state's citizens. In the continuation of this, the issue of acquisition of land by state for public interest has also received great attention in Islamic law. Acquisition of land by state is required to undertake various developmental projects. Employing descriptive and analytical methods this article has demonstrated that acquisition of land for public interest is valid subject to several conditions in Islam. In this case, the interests of both the people and the owners should be taken into consideration. No one can be oppressed. Although Islamic law has similarities with conventional domestic law, in many cases the interests of land owners are neglected. This article has endeavored to substantiate that in case of acquisition of land for public interest Islamic Law has provided more importance than Conventional Law to protect the interest of both parties.
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Jung, Sun Kyun. "Review of the land public law for deregulation of reconstruction." Korean Public Land Law Association 101 (February 28, 2023): 1–22. http://dx.doi.org/10.30933/kpllr.2023.101.1.
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In the metropolitan area, where housing sites are absolutely scarce, reconstruction is practically the only means of supplying housing. However, those who understand reconstruction simply as a means of increasing property and think negatively or who think that they must catch up with soaring real estate prices strengthen safety inspections to prevent the reconstruction project from proceeding in the first place, try to reduce the supply of housing through reconstruction by the sale price ceiling system and reconstruction charge. Therefore, in order to promote reconstruction, it is reasonable to remove the so-called three major nails (safety diagnosis, sale price ceiling system, and reconstruction charge) that hinder reconstruction. First, there are ways to lower structural safety standards and exempt safety diagnosis for buildings built before 1988, but now it is time to consider abolishing safety diagnosis boldly to revitalize the reconstruction project. Next, the sale price ceiling system for private housing sites should be abolished as soon as possible, as there is no longer any reason to exist, such as instability in real estate prices and reverse discrimination. Lastly, although some of the problems with the reconstruction charge have been removed through 2022. 9. 29. countermeasure, unconstitutional elements still remain. Therefore, it is worth considering removing the unconstitutionality through law revision or abolishing it at this chance.