土地征用中的公共利益限制条款使土地权利人能够保留其权利

IF 2.1 Q2 SOCIOLOGY

NORMA Pub Date : 2021-03-05 DOI:10.30742/NLJ.V18I1.1291

Rias Frihandini

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引用次数: 0

摘要

本研究旨在观察和分析因公共利益条款而丧失土地权利的土地权利人的法律保护，无论是为了国家还是私营部门的利益。根据1945年的宪法，可以看出，国家对土地、水和自然资源的使用是为了人民的最大繁荣，而不是为了某些需要土地的政府机构精英。必须对该条款进行限制，以使使用不具有任意性，因为即使土地权是所有权，但由于政府实施，土地权也可能会丧失。对于那些拒绝征用土地的人，公共利益条款始终是他们的方式，也是政府的责任。研究结果表明，公共利益是许多人或广泛目标的需要，必须基于国家发展原则，关注社会、政治、心理、维护和安全等方面。关键词：土地、公共利益、收购

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Limitations of Public Interest Clause in Land Acquisition So That Land Rights Holders Can Retain Their Rights

This research aims to see and analyze legal protection for land rights holders who lost their land rights due to public interest clause, whether for the benefit of the state or the private sector. Based on the 1945 Constitution, it can be seen that the use of the earth (land), water, and natural resources contained therein by the state is required to be used for the greatest prosperity of the people, and not for certain elites from government agencies who need land. Limitations must be applied to this clause so that the use is not arbitrary because even though the land rights are ownership rights, it can lose since the Government carries it out. The public interest clause is always the way and the Government answer for those who refuse their land to be acquired. Research results are that public interests, which are the needs of many people or broad goals, must pay attention to social, political, psychological, vindication and security aspects based on the National development principle. Keywords : Land, Public Interest, Acquisition

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来源期刊

NORMA Social Sciences-Gender Studies

CiteScore

3.00

自引率

14.30%

发文量

期刊介绍： NORMA is an international journal for high quality research concerning masculinity in its many forms. This is an interdisciplinary journal concerning questions about the body, about social and textual practices, and about men and masculinities in social structures. We aim to advance theory and methods in this field. We hope to present new themes for critical studies of men and masculinities, and develop new approaches to ''intersections'' with race, sexuality, class and coloniality. We are eager to have conversations about the role of men and boys, and the place of masculinities, in achieving gender equality and social equality. The journal was begun in the Nordic region; we now strongly invite scholarly work from all parts of the world, as well as research about transnational relations and spaces. All submitted manuscripts are subject to initial appraisal by the Editors, and, if found suitable for further consideration, to peer review by independent, anonymous expert referees. All peer review is double blind and submission is online via Editorial Manager.