THE PRINCIPLE OF CONSENSUALISM IN GOVERNMENT CONTROL OVER CUSTOMARY LAND FOR PUBLIC INTEREST WITHOUT THE LEGAL OWNER’S CONSENT: A LEGAL ANALYSIS

Agil Masyhur Akbar, . (2025) THE PRINCIPLE OF CONSENSUALISM IN GOVERNMENT CONTROL OVER CUSTOMARY LAND FOR PUBLIC INTEREST WITHOUT THE LEGAL OWNER’S CONSENT: A LEGAL ANALYSIS. Syiah Kuala Law Journal, 9 (1). pp. 193-205. ISSN 2580-9059

Text 2110611227_ArtikelKI.pdf Restricted to Repository staff only Download (572kB)

Abstract

This research examines the legal acts of control of customary land by the government for the public interest without the permission of the legal owner, with a focus on the principle of consensualism based on the Civil Code and Law Number 2 of 2012 concerning Land Acquisition for Development for the Public Interest and legal protection of the customary landowner. The issue of land issues is very relevant for indigenous peoples because many indigenous peoples still do not get recognition and respect for their customary land rights. This research uses normative juridical research, using a qualitative approach to collect and analyze data in the form of laws and regulations, journals, books, newspapers, articles, and online publications. The results show that the control of customary land by the government for the public interest without the permission of the legal owner based on the principle of consensualism in the absence of an agreement and is also a tort based on a civil law perspective.

Item Type:	Article
Additional Information:	[No. Panggil: 2110611227] [Pembimbing: Citraresmi Widoretno Putri] [Penguji 1: Taupiqqurrahman] [Penguji 2: Syamsul Hadi]
Uncontrolled Keywords:	Consensualism Principle, Land Acquisition, Unauthorized Control of Customary Land.
Subjects:	K Law > K Law (General)
Divisions:	Fakultas Hukum > Program Studi Hukum (S1)
Depositing User:	AGIL MASYHUR AKBAR
Date Deposited:	07 Aug 2025 07:39
Last Modified:	07 Aug 2025 07:39
URI:	http://repository.upnvj.ac.id/id/eprint/38436

Actions (login required)

View Item