Tinjauan yuridis atas perbuatan melawan hukum dan pertanggungjawaban terhadap kerugian akibat pelaksanaan penggusuran paksa kepada masyarakat (studi kasus putusan Mahkamah Agung nomor 1775k/Pdt/2018) = Juridical review of unlawful act and accountability f
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Institusion
Universitas Pelita Harapan
Author
Fatihah, Ebbo Salsha
Subject
K Law (General)
Datestamp
2020-08-18 02:50:12
Abstract :
In now a days of people needs to belong a residency. On the issue of the land tenure among the government and citizen usually appeared on evictions, especially on forced evictions. Many of opinions explain that forced evictions by the government violate the right of people to have a prosperous life physically and mentally, have a place to live, and get a good and healthy living environment, and are entitled to health services. In the case of the forced evictions of the Kebon Jeruk Citizen in Bandung, which was carried out by PT. KAI (Persero), decision of the Supreme Court Number 1775K / PDT / 2018 has considered the forced evictions was not an unlawful act. The forced eviction should be given other considerations to fulfill the elements of unlawful acts, namely the existence of forced demolition, taking and storing goods belonging to the Kebon Jeruk citizen by PT. KAI (Persero) which causes the citizen's belongings to be damaged or lost, as well as the imposition of transportation costs for goods charged to the citizen. The action taken fulfills all elements of unlawful acts, namely the existence of an act, the act is an act against the law because there are no procedures and rules regarding the act in the conduct of eviction, there must be an error that is evidenced by damage or loss of property belonging to the citizen, the loss obtained by the citizen, as well as a causal relationship between actions with actions of PT. KAI (Persero). Based on this the Kebon Jeruk citizen in Bandung should be get compensation for acts of forced demolition, collection and storage of citizen property that results in damage or loss of the property of the citizen, as well as the imposition of transportation costs in the implementation of forced evictions carried out by PT. KAI (Persero).
In now a days of people needs to belong a residency. On the issue of the land tenure among the government and citizen usually appeared on evictions, especially on forced evictions. Many of opinions explain that forced evictions by the government violate the right of people to have a prosperous life physically and mentally, have a place to live, and get a good and healthy living environment, and are entitled to health services. In the case of the forced evictions of the Kebon Jeruk Citizen in Bandung, which was carried out by PT. KAI (Persero), decision of the Supreme Court Number 1775K / PDT / 2018 has considered the forced evictions was not an unlawful act. The forced eviction should be given other considerations to fulfill the elements of unlawful acts, namely the existence of forced demolition, taking and storing goods belonging to the Kebon Jeruk citizen by PT. KAI (Persero) which causes the citizen's belongings to be damaged or lost, as well as the imposition of transportation costs for goods charged to the citizen. The action taken fulfills all elements of unlawful acts, namely the existence of an act, the act is an act against the law because there are no procedures and rules regarding the act in the conduct of eviction, there must be an error that is evidenced by damage or loss of property belonging to the citizen, the loss obtained by the citizen, as well as a causal relationship between actions with actions of PT. KAI (Persero). Based on this the Kebon Jeruk citizen in Bandung should be get compensation for acts of forced demolition, collection and storage of citizen property that results in damage or loss of the property of the citizen, as well as the imposition of transportation costs in the implementation of forced evictions carried out by PT. KAI (Persero).
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