Sumarja, FX and Fathoni, Fathoni (2014) Measuring Public Interest Principles Upon Land Provisions For The Disaster’s Victims In Indonesia. In: The 10th International Seminar on Disaster: Community Empowerment For Disasater Mitigation and Rehabilitation, Kamis-Jumat, 27-28 Maret 2014, Departemen Keperawatan, Fakultas Kedokteran Universitas Gadjah Mada (FK UGM).

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Abstract

The State has right to control the land guaranteed by the constitution. State control upon the land is the most important principle in Indonesian agrarian law system. This principle is understood as the actualization of state sovereignht on the land. That rights, however, is limited in certain aspects by the concept of ownership of land by individuals. This balancing concept is derived from the concept of land ownership by the state aimed to seek the maximum benefit of the people, as set forth in Article 33 of the Indonesia Constitution. Within the context, state control principle encompasses the authority to acquire land for public purpose, including land acquisition after the disaster. Indonesia is facing the natural disaster quiet frequently. Thus, requiring serious attention from the state via government, especially for natural disaster victims who have lost their homes and cultivated fields. The loss of farming land as effect of natural disasters consequently limits the public access to the land economic value. This article is talking root on the principle of 'salus est suprema papuli lax', namely that the welfare of the people is the highest law. From this principle, the state must be able to provide access to the welfare of the people. Using constructivist concept, this article proposes a concept of land provisions for the victims of natural disasters in Indonesia. The principle of public interest is used as a cornerstone to measure the validity of the proposed model. Key words: land acquisition, public interest, natural disaster.

Item Type: Conference or Workshop Item (Poster)
Subjects: K Law > K Law (General)
Divisions: Fakultas Hukum (FH) > Prodi Ilmu Hukum
Depositing User: Sumarja FX sumarja
Date Deposited: 28 Jan 2019 08:22
Last Modified: 28 Jan 2019 08:22
URI: http://repository.lppm.unila.ac.id/id/eprint/10661

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