Browsing by Author "Abdul Aziz Nasihuddin"
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Publication Equality Guarantee Of Human Rights In Land Acquisition For Development In The Public Interest After The Law On Job Creation In Indonesia(Penerbit USIM, Universiti Sains Islam Malaysia, 2021-12-30) ;Sri Wahyu Handayani ;Amardyasta Galih Pratama ;Abdul Aziz NasihuddinSupriyantoLand acquisition for development for public interest ex officio requires land or land as a location for physical realization for the construction of public interest facilities and infrastructure. However, in reality land acquisition for the public interest often causes disputes which are indicated to be detrimental to the people. Empirically, here are implications related to human rights, especially in land acquisition. This study examines human rights guarantees after the issuance of Law Number 11 of 2020 concerning Job Creation by linking Article 3 of Law Number 39 of 1999 concerning Human Rights which states that everyone is born free with the same and equal human dignity and worth, has the right to protection and legal treatment that is fair and without discrimination against land acquisition for development in the public interest which is vulnerable to being violated and distorted by the government or parties who need land during the land acquisition process. The results of this normative research offer indicators of appropriate and fair compensation taking into account the perspective of human rights. - Some of the metrics are blocked by yourconsent settings
Publication Fulfilling Communal Rights through the Implementation of the Second Principle of Pancasila towards the Regulation on Agrarian Reform(Faculty of Sharia Universitas Islam Negeri Profesor Kiai Haji Saifuddin Zuhri Purwokerto, 2023) ;Kartika Winkar Setya ;Abdul Aziz NasihuddinIzawati WookFulfilling communal rights to customary lands has still become an unresolved polemic. As a country adhering to Pancasila ideology, all laws and regulations should embody in Pancasila, including regulation on Agrarian Reform. This research aimed to figure out the reduction of values found in the 2nd principle of Pancasila against the Presidential Regulation Number 86 Year 2018 concerning Agrarian Reform in the context of fulfilling communal rights of indigenous peoples to customary lands. The research used a normative-juridical method with both statutory and analytical approaches. This research specifically examined and analyzed the reduction of values in the second principles of Pancasila toward the regulation of agrarian reform in Indonesia. The data sources were in the form of secondary data to obtain objective research results including primary, secondary, and tertiary legal materials obtained through documents and literatures. The collected data were then qualitatively analyzed and presented in the forms of narrative text. By implementing the second principle of Pancasila, the communal rights to customary lands are fulfilled in Agrarian Reform and become the basis to strengthen the position of indigenous peoples in national legal system.