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Original Research

A PRINCIPLE OF BALANCE BETWEEN PUBLIC INTERESTS AND INDIVIDUAL RIGHTS TO LAND: DEVELOPMENT EQUITY

ERENST JANNES ULAEN 1, RONNY A. MARAMIS 2, IRWANSYAH 3, and CAECILIA J. J. WAHA 4.

Vol 18, No 06 ( 2023 )   |  DOI: 10.17605/OSF.IO/2VYNS   |   Author Affiliation: Faculty of Law, Sam Ratulangi University, North Sulawesi, Indonesia 1,2,4; Faculty of Law, Hasanuddin University, South Sulawesi, Indonesia 3.   |   Licensing: CC 4.0   |   Pg no: 1008-1017   |   Published on: 21-06-2023

Abstract

The problem of land acquisition for development in the public interest is very prone to triggering conflicts and social and economic problems in society as well as problems for implementers. The emergence of these problems creates a phenomenon that is almost the same in every land acquisition in Indonesia. Type of the study is a normative-legal research by using conceptual, comparative and case approaches. This paper provides information on the latest trend in research. The results show that in Indonesia, effort to find a concept of balance between the public interest and individual rights to land in development is by reconstructing laws and regulations related to land acquisition, namely the publication to landowners of the appraisal mechanism, a deliberation mechanism only as an agreement on the value of compensation and objections to the value of compensation gives large burden on landowners.


Keywords

Land; Civil Rights; Land; Individual Rights; Public Interest