Publication: Equality Guarantee Of Human Rights In Land Acquisition For Development In The Public Interest After The Law On Job Creation In Indonesia
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Date
2021-12-30
Journal Title
Journal ISSN
Volume Title
Publisher
Penerbit USIM, Universiti Sains Islam Malaysia
Abstract
Land 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.
Description
E-Proceedings International Convention on the Basic Structure of Constitution 2021 (ICOBAC 2021)
Theme: "Towards Dignifying Islam in the Framework of Rule of Law & Supremacy of Constitution"
15 – 16 December 2021
Organized By: Fakulti Syariah Dan Undang-Undang, Universiti Sains Islam Malaysia (USIM)
And Fakulti Pengajian Industri, Universiti Malaysia Pahang (UMP)
Collaboration With: Fakulti Syariah Dan Undang-Undang, Universiti Islam Sultan Shariff Ali (UNISSA), Brunei And Fakultas Hukum, Universitas Jendral Soedirman (UNSOED), Indonesia
Keywords
land acquisition, public interest, compensation