Application of Agreement Principles in Land Procurement for Development Public Interest

Yuridika

View Publication Info
 
 
Field Value
 
Title Application of Agreement Principles in Land Procurement for Development Public Interest
 
Creator Hajati, Sri
 
Subject Consensualism; Principle; Land Acquisition; Public Interest.
 
Description The legal issues of this research consist of the application of the consensualism principle in land procurement for development for the sake of public interest. The method of this research is normative legal research by applying statute approach, conceptual approach. The results of this research: there is deviation in the enforcement of the consensualism principle in Article 66 paragraph (4) of Act Number 2 of 2012 which determines that deliberation towards consensus is not only in a form of compensation, is contrary to Article 37 paragraph (1) and (2) of Act Number 2 of 2012 - which stipulates that deliberation is conducted in determining the form and/or the amount of compensation. The provision on consignment or deposit of the compensation at the court is contrary to the consensualism principle because it is conducted without the basis of mutual agreement, and it is against the essence of deliberation which requires consensus.
 
Publisher Universitas Airlangga
 
Contributor
 
Date 2019-05-01
 
Type info:eu-repo/semantics/article
info:eu-repo/semantics/publishedVersion
Peer-reviewed Article
 
Format application/pdf
 
Identifier http://e-journal.unair.ac.id/YDK/article/view/12641
10.20473/ydk.v34i2.12641
 
Source Yuridika; Vol 34, No 2 (2019): Volume 34 No 2 May 2019; 365-386
2528-3103
0215-840X
 
Language eng
 
Relation http://e-journal.unair.ac.id/YDK/article/view/12641/pdf_1
 
Rights Copyright (c) 2019 Yuridika
http://creativecommons.org/licenses/by-nc-sa/4.0
 

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