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  • Participative Principle and Social Justice in Land Provision Regulation

Participative Principle and Social Justice in Land Provision Regulation

  • 01 August 2016, 08:14 WIB
  • By: Marwati
  • 1764
  • PDF Version
Prinsip Partisipatif dan Keadilan Sosial dalam Pengaturan Pengadaan Tanah

Universitas Muhammadiyah Malang's lecturer in law, Fifik Wiryani, earned doctorate at UGM on Thursday(28/7) at Faculty of Law UGM after defending her dissertation entitled Implementation of Participative Principle and Social Justice in Regulation  and Implementation of Land Provision for Development of Public Interests.

According to Fifik, land provision has two opposing sides, seen in the people's prosperity that will materialise but one that has to take away people's land whilst it is known the land belonging to the people is a human right that is protected by the constitution. “Ideally, there is a balance between public and personal interests,” she said.

She said this balance can be achieved by giving decent damages that can give the prosperity for the land owners. Unfortunately, the case where no decent damages is given often happens. “The root of the problem is the unmet principle of justice that is influenced by the unmet participative principle,” she said.

Her research is one of normative law and empirical law, trying to explain the analysis how far developments of implementation of participative principle  and social justice goes in regulating land provision. Her research showed an increase in development of land provision regulation for development of public interest. The increase leads to regulations that more accommodate the participative principle. Futhermore, to realise participative principle and social justice needs law renewals, which is to amend Law No 2 Year 2012 on principles of land provision, improve development concept of public interest, improve stipulations on assessment and damages.

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