Application of Agreement Principles in Land Procurement for Development Public Interest


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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
Date 2019-05-01
Type info:eu-repo/semantics/article
Peer-reviewed Article
Format application/pdf
Source Yuridika; Vol 34, No 2 (2019): Volume 34 No 2 May 2019; 365-386
Language eng
Rights Copyright (c) 2019 Yuridika

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