Land acquisition for the construction of roads in the public interest is a classic problem that always creates turmoil in the community. This study aims to analyze land acquisition followed by land acquisition belonging to the people, always causing disputes that sometimes lead to violence or at least lead to court. The research method used normative research with a statute approach and a conceptual approach and analyzed descriptive qualitative. Based on the Research Results, it is indicated that Settlement of disputes in Land Procurement for Road Development in the public interest should be carried out to the maximum extent possible through consultation and / or through non-litigation or settlement outside the Court. Land Procurement for Development for public purposes, give Honor to holders Land Rights by providing legal protection and by providing fair and appropriate compensation to the rightful parties, but in reality often the holders of the rights granted experience a decline in quality compared to the original situation before the release of land rights.
The coastal area is an area that is very intensively used for human activities, such as the central government area, settlements, industry, ports, aquaculture, agriculture/fishery, tourism, and so on. The existence of these various activities raises the need for space as supporting facilities and infrastructure for each of these activities. This research is a normative legal research. normative legal research is a process to find the rule of law, legal principles, and legal doctrines in order to answer the legal problems faced. The answer obtained from the legal analysis regarding the legal consequences is that the Government does not specifically regulate the regulation of land rights in conservation areas which are determined through the Regional Spatial Planning (RTRW) and Regional Spatial Planning (RZWP3K) so that the legal consequences are uncertainty in law enforcement and also overlapping powers.
Introduction: Land is an object that is vulnerable to disputes and problems regarding ownership and boundaries.Purposes of the Research: Reviewing and analyzing the position and role of the Land Office as a Mediator in Settlement of Land Boundary Disputes, and efforts to resolve land boundary disputes at the Ambon City Land Office can be carried out in accordance with the provisions and binding according to the laws and regulations.Methods of the Research: This research was carried out in a normative juridical manner by using Statute Approach and a Conceptual Approach.Results of the Research: This research resulted in the substance that the position of the Land Office as a mediator in the settlement of land boundary disputes is as a government agency carrying out governmental tasks in the land sector. The task of the government in the land sector in question is the formulation and implementation of policies in the field of handling and preventing disputes and conflicts as well as the handling of land cases as well as the formulation and implementation of policies in the field of land surveying and mapping. The role of the Land Office as a mediator in mediating the settlement of land boundary disputes is to try to become a medium for the resolution of land boundary disputes by implementing a legal system to create justice and legal certainty. registered by the parties at the District Court where the jurisdiction of the land is located, so that it can be concluded that the results of mediation at the Land Office can have binding legal force.
Introduction: Land has a very important position in customary law communities.Purposes of the Research: The purpose of this study is to find out and explain the distribution of inheritance on land based on Islamic law and customary law. Methods of the Research: The method used in this study is a normative juridical method with a statutory approach, a conceptual approach and a case approach. The legal materials used are primary, secondary and tertiary legal materials. The legal material is analyzed qualitatively in order to answer the problems studied.Results of the Research: Based on the results of the study, it shows that based on the provisions in Islamic inheritance law, all legal heirs have the right to inherit according to their respective portions or calculations so that regarding the distribution of inheritance land from dati is not prohibited and can be divided among legitimate heirs. However, it is different from customary law. It is clearly specified in the customary law inheritance system that the name of the land is communal so that it cannot be divided or divided. Therefore, the judge in the decision number of the Supreme Court Decision Number 2290 K/PDT/2003 which strengthened the previous decisions which basically stated that the distribution of the inheritance of dati land to the existing heirs, according to the author, if it is based on the Islamic inheritance law system, it is permissible. However, if it refers to the provisions of the customary inheritance law system, it is not allowed to divide the inheritance of the land to each heir.
Introduction: Land dispute over the Watolo family was not settled for nearly two decades, on the initiative of one side so that the issue was taken to kelurahan to be settled mediation.Purposes of the Research: To find out the legal force of the minutes of the settlement of land disputes by Watolo Village which is used as the basis for land rights. Methods of the Research: The research method used is the type of normative legal research that is descriptive analytical.Results of the Research: Based on this research, the minutes issued by the kelurahan are not the minutes of the proper meeting and cannot be used as a basis for rights because there are no laws or regulations that guarantee the strength of law and legal certainty and the minutes cannot be used as a basis for internal rights but can be used as evidence by both parties when the land dispute is continued to the trial stage in court.
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