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Original Research

PUBLIC INTEREST AND THE PROTECTION OF INDIVIDUAL RIGHTS IN LAND PROCUREMENT

ARIE VENTJE SENDOW 1, MUHAMMAD ASHRI 2, HAMZAH 3, and MASKUN 4.

Vol 18, No 02 ( 2023 )   |  DOI: 10.17605/OSF.IO/AW5N8   |   Author Affiliation: Faculty of Law, Sam Ratulangi University, North Sulawesi, Indonesia 1; Faculty of Law, Hasanuddin University, South Sulawesi, Indonesia 2,3,4.   |   Licensing: CC 4.0   |   Pg no: 75-83   |   Published on: 10-02-2023

Abstract

The right to control by the State is an authority or formal authority that exists in the State and gives a right to act. In recent years, however, the right to control land by the State is a delegation of rights to then be controlled in the context of realizing the greatest prosperity of the people. This research is a normative legal research. This paper provides information on the latest trend in research. The results show that the legal protection of individual rights to land in land acquisition for development and public interest has not been realized optimally because the assessment of compensation in reality is only limited to the assessment of physical compensation while those who receive the impact of development have not been accommodated in its implementation because there is no clarity in the regulations.


Keywords

Land Rights; Land Procurement; Public Interest; Individual Rights