Juridical Implication of the Ambiguity Meaning of Public Interest within the Land Acquisition Law for the Public Interest Construction

Abstract

Research on juridical implication of the ambiguity meaning of public interest is a normative legal research that aims to address issues of public interest within the meaning of the legislation and the implication of such an ambiguity meaning of public interest in the land acquisition law. In this research, the primary source of law is derived from legislation, while the secondary source of law is derived from the law books and the legal journals. In addition, this research is also equipped with two approaches, namely legislative conceptual approach and legislative historical approach. The Analysis of the legal material is preskriptis analytical. The result of the research shows that the concept of public interest in law No. 2 of 2012 was formulated fuzzily. The juridical consequent of the ambiguity meaning of public interest in the legislation causes the lack of legal certainty in its implementation. Another implication of which is that a legal activity which was initially for the public interest, however, in its development could change into the business interest and for profit-oriented.

Keywords: Juridical Implication, Public Interest, Land Acquisition Law.