Polemik Fungsi Sosial Tanah dan Hak Menguasai Negara Pasca UU Nomor 12 Tahun 2012 dan Putusan Mahkamah Konstitusi Nomor 50/PUU-X/2012

Sulaiman, King Faisal

doi:10.31078/jk1815

Cited by 7 publications

(7 citation statements)

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“…Article 2 paragraph (4) UUPA also provides space for state control rights exercised by Indigenous Peoples and Autonomous regions with limitations in the form of not contradicting national interests, according to the provisions of Government Regulations (Sulaiman, 2021). This explicitly emphasizes that Article 2 paragraph (4) of the UUPA cannot be interpreted as state control in a personal sense but must be interpreted as state control rights in the context of public law.…”

Section: Discussionmentioning

confidence: 99%

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Land Bank Agency and Participation of Indigenous Peoples: Where is the Legal Certainty?

Damanik,

Wibowo,

Agus

et al. 2023

J.D.Hk.

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This study aims to analyze the problem of legal uncertainty for MHA related to the establishment of a Land Bank as mandated by the Job Creation Perppu. This research is a normative legal research with a conceptual and statutory approach. The results of the study concluded that the obligation to involve the Customary Law Community in land use through the Land Bank agency is said to be urgent, especially in an effort to maintain the mandate of the 1945 Constitution of the Republic of Indonesia and the UUPA to provide guarantees for recognition, protection as well as empowerment of the Indigenous Peoples. Efforts to realize legal certainty for Indigenous Peoples (MHA) in land use through the Land Bank agency with reference to grammatical, authentic, and teleological (sociological) interpretations, it is necessary to expand the meaning of the word "community" in Article 8 paragraph (2) PP Agency Land Bank which does not only cover society in general (individuals as legal subjects) but includes the Customary Law Community.

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Section: Discussionmentioning

confidence: 99%

“…State guarantees for MHA are also contained in Article 2 paragraph (4) of Law no. 6 of 1960 concerning the Basic Agrarian Regulations (hereinafter referred to as UUPA), in which the rights owned and attached to MHA are fundamental rights so that they must be protected by the state (Sulaiman, 2021).…”

Section: Introductionmentioning

confidence: 99%

Land Bank Agency and Participation of Indigenous Peoples: Where is the Legal Certainty?

Damanik,

Wibowo,

Agus

et al. 2023

J.D.Hk.

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“…Di satu sisi, pemerintah menegaskan hak kepemilikan tanah individu secara sah, namun di sisi lain, tugas pemerintah sebagai pelaksana kekuasaan sering kali mengharuskan pengorbanan nilai-nilai individu demi agenda pembangunan infrastruktur fisik. Kepentingan umum, yang didasarkan pada fungsi sosial tanah, sama pentingnya dengan kepentingan individu yang berkaitan dengan fungsi ekonomi tanah (Sulaiman, 2021;Heviliana, 2015). Ini berarti bahwa dalam situasi yang memerlukan untuk kepentingan umum, kepentingan individu dapat dikompromikan atau bahkan harus dikalahkan, dan hak milik atas tanah harus diserahkan (Sugianto & Leliya, 2017).…”

Section: Pendahuluanunclassified

Partisipasi Masyarakat Kampung Arar dalam Pengadaan Tanah untuk Pembangunan Bagi Kepentingan Umum di KEK Sorong Provinsi Papua Barat Daya

Ibal,

Murni,

Madaul

et al. 2024

jpni

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Land acquisition for the construction of the Sorong SEZ will be carried out in 2023. In the development plan, the land area required for the Sorong SEZ development plan reaches 523.7 ha, which is the property of the Kami clan. The object of land acquisition for this development consists of community land in Arar village with mixed garden land conditions. This community service activity aims to increase awareness and participation of the Arar Village community in the land acquisition process for public interest development in the Sorong Special Economic Zone (KEK), Southwest Papua. This community activity was held on February 1, 2024, at the Arar Village Meeting Hall and the Sorong KEK location. This community service activity is carried out with several activities, namely: (1) preparation for the activity location and preparation of presentation materials to be delivered; (2) licensing administration and outreach to the Arar Village Government, Babinsa, and the community; (3) carrying out outreach activities at the Arar Village Meeting Hall regarding the importance of community participation in land acquisition for public purposes in the Sorong SEZ; and (4) implementation of activities and inspection of affected locations, significantly growing plants and buildings at the Sorong KEK location. The implementation of land acquisition for the construction of the Sorong SEZ went smoothly, driven by the active participation of the people of Kampung Arar. Therefore, the recommendations for this activity are: (a) Land acquisition activities are very complex activities, requiring good synergy between the government and the community; and (b) In implementing land acquisition activities, the approach taken to the community is not only carried out formally but can also be carried out informally so that the community can fully participate in development in the community area.

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“…In this particular instance, given the normative nature of the study, its focus will be limited to examining the implementation, supervision, and/or control mechanisms of the regulations outlined in a legal framework. This phenomenon can be attributed to its connection with the philosophical underpinnings of democracy, wherein governance is derived from and executed by the populace, with the ultimate aim of serving their interests (Sulaiman 2021). According to the description above, there is a single component or element encompassed within it.…”

Section: Review Of Mpr Decree No Ix/mpr/2001 On Agrarian Reform and N...mentioning

confidence: 99%

Exploring Ecological Justice in the Regulatory Framework of Land Ownership, Utilization, Control, and Inventory in Indonesia

BASUKI,

KARJOKO,

HANDAYANI

2023

J. Environ Manag Tour

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The aim of this study is to provide a comprehensive analysis of environmental justice elements in land inventory, tenure, ownership, use and use (IP4T) management, as described in TAP MPR IX/2001 and Government Regulation No. 16. 2004 on land administration. This study uses a standard legal research method integrating both a legal and conceptual approach. The author's study indicates that environmental justice is included in the IP4T law, as stated in TAP MPR IX/2001, as well as in Government Law No. 16 on Spatial Planning. According to Article 23 of Government Regulation No. 16/2004, IP4T maps must be taken into account for all spatial and regional planning. These maps contain more than just information on land ownership, use, and use. In addition, the IP4T dataset includes assessments of land capacity and valuation, so environmental dimensions associated with land are examined. The definition of environmental justice can be derived from Section 3, Section 5 and Section 6, Paragraph (2) of TAP MPR IX/2001. However, in practice, many inconsistencies remain and undermine basic principles of environmental justice. These irregularities are particularly widespread in the context of the implementation of IP4T (Integration Policy for Transition) within the mining industry.

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Polemik Fungsi Sosial Tanah dan Hak Menguasai Negara Pasca UU Nomor 12 Tahun 2012 dan Putusan Mahkamah Konstitusi Nomor 50/PUU-X/2012

Cited by 7 publications

References 0 publications

Land Bank Agency and Participation of Indigenous Peoples: Where is the Legal Certainty?

Land Bank Agency and Participation of Indigenous Peoples: Where is the Legal Certainty?

Partisipasi Masyarakat Kampung Arar dalam Pengadaan Tanah untuk Pembangunan Bagi Kepentingan Umum di KEK Sorong Provinsi Papua Barat Daya

Exploring Ecological Justice in the Regulatory Framework of Land Ownership, Utilization, Control, and Inventory in Indonesia

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