THE MECHANISM FOR IMPLEMENTING LAND ACQUISITION FOR DEVELOPMENT FOR PUBLIC INTEREST IN GOVERNMENT REGULATION NO. 19 OF 2021 CONCERNING THE IMPLEMENTATION OF LAND ACQUISITION FOR DEVELOPMENT IN THE PUBLIC INTEREST ACCORDING TO THE PERSPECTIVE OF MAQASHID ASH-SYARIAH ASH-SYATHIBI
This study aims to explain the problems in the mechanism of implementing land acquisition in the perspective of maqashid ash-syariah which includes the deliberation mechanism in Peraturan Pemerintah Number 19 Year 2021 which experienced a narrowing of the meaning of deliberation, a compensation mechanism in Peraturan Pemerintah Number 19 of 2021 which experienced partiality, and a reduction in norms that occurred in Article 37 paragraph (2) of Undang-undang No. 2 of 2012 through Article 69 paragraph (5) jo. Article 71 paragraph (2) of PP Number 19 of 2021 which has deviated material content from its parent rules.
This research uses the type of normative juridical research and library research by reviewing laws and regulations, books, and books related to the title of this thesis.
The results showed that the mechanism for implementing land acquisition normatively experienced deviations in the material content in Peraturan Pemerintah Number 19 of 2021 so that the meaning of deliberation and compensation had reduced meaning. The reduction of meaning has implications for the fulfillment of the rights of maslahah al-ammah in maintaining al-mahafazah ala al-umuri al-khamsah.
38/PMH/2023 | 38/PMH/2023 | Perpustakaan FSH Lantai 4 | Tersedia |
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