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VOL. 10, ISSUE 1 (2024)
Legal justice obtaining building permit in Banda Aceh city
Authors
Hendra Fadli, Fazzan, Akhyar
Abstract
Every community has the right to build and open a business. However,
this right must be accompanied by obligations and procedures that must be
completed by the community. The government, especially regional governments,
have regional autonomy as authority or power in a region/region which regulates
and manages for the interests of the region/region itself. The regional
government as the holder of power has provisions that must be obeyed by the
entire community in order to obtain permits. In this research, the issues
raised are: 1. What is the procedure for obtaining a building condition permit
in the City of Banda Aceh. 2. What is the legal justice for obtaining a
building construction permit in the City of Banda Aceh. This research is
normative juridical in nature with the type of research used is descriptive
analytical qualitative with a normative empirical approach. This research uses
primary and secondary data as well as tertiary data as the main research
material, which was obtained through interviews, observations and documents.
The data obtained will be analyzed descriptively qualitatively. Research results:
1) Procedures for obtaining a building construction permit in a public service
mall in Banda Aceh City in several aspects, namely the transparency aspect,
accountability aspect, conditional aspect, participatory aspect, equality of
rights aspect, and balance of rights and obligations aspect. Requirements
include administrative requirements and technical requirements. Meanwhile, you
can arrange it online and offline by coming directly to the Banda Aceh City
public service mall which is on the 3rd floor of Pasar Aceh. 2) Legal justice
for obtaining building construction permits in Banda Aceh City. a) In the case
of additional technical requirements in the form of a form for releasing land
rights without a claim for compensation, regional governments, especially
district/city governments, do not have the authority to change or add norms
that conflict with higher regulations, namely the basic agrarian law and the
Republic of Indonesia Law number 2 of 2012 concerning Land Acquisition for
Development in the Public Interest where in these two laws, for the release of
land rights, there is adequate compensation to the parties concerned. b)
Aspects of legal justice. There has been no legal justice provided by the Banda
Banda Aceh City government to the community in the form of a lack of
appropriate and appropriate compensation for the release of land rights that
have been released by the community to obtain building permits within the
framework of the city governance plan. Suggestions. There needs to be a
response and solution from the city government to community complaints
regarding the provisions for releasing land rights without compensation in
processing building permits so that people feel fair and do not feel like their
rights have been taken away by the government.
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Pages:222-234
How to cite this article:
Hendra Fadli, Fazzan, Akhyar "Legal justice obtaining building permit in Banda Aceh city". International Journal of Law, Vol 10, Issue 1, 2024, Pages 222-234
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