TY  - THES
N1  - Proborini Hastuti, M.H.
ID  - digilib76973
UR  - https://digilib.uin-suka.ac.id/id/eprint/76973/
A1  - Amelia Sandra, NIM.: 22103070117
Y1  - 2026/05/25/
N2  - The implementation of National Strategic Projects (PSN) in practice often gives rise
to land acquisition conflicts between the government and the community. Supreme
Court Decision Number 350/K/TUN/2019 is one of the decisions related to land
acquisition disputes for national development purposes. The problem in this study
focuses on how the Supreme Court's legal considerations in the decision and the
extent to which the protection of the community's constitutional rights to land is
applied in the implementation of PSN. In addition, this study also examines whether
the concept of public interest and land acquisition policies in the decision are in
accordance with the principles of justice from a siyasah syariyyah perspective.
Using the Normative Juridical method with a case approach and a
conceptual approach, this research analysis utilizes the General Principles of Good
Governance (AUPB) theory, public interest theory, and sharia law theory. Legal
materials are obtained from laws and regulations, court decisions, and relevant
legal literature.
The results of the study indicate that Supreme Court Decision Number
350/K/TUN/2019 places more emphasis on national development interests in the
implementation of land acquisition than on protecting community rights to land.
From the perspective of AUPB, the decision does not fully reflect the principles of
justice, openness, and accuracy because the affected community has not received
optimal legal protection and participation. In addition, the concept of public
interest in the implementation of the National Strategic Project (PSN) does not fully
reflect the welfare of society as a whole because development interests are more
dominant than protecting the rights of the affected community. From the perspective
of siyasah syariyyah, land acquisition policies can indeed be justified to realize
maslahah ?ammah, but its implementation must not ignore the principles of justice
(al-?adl), protection of property rights (hifz al-mal), and the prohibition of causing
harm (la dharar wa la dhirar). Therefore, this decision is considered not to fully
reflect justice for the affected community.
PB  - UIN SUNAN KALIJAGA YOGYAKARTA
KW  - Hak Konstitusional Atas Tanah
KW  -  Proyek Strategis Nasional (PSN)
KW  -  Asas Umum Pemerintah Yang Baik (AUPB)
KW  -  Kepentingan Umum
KW  -  Siyasah Syariyyah
M1  - skripsi
TI  - STUDI PUTUSAN MAHKAMAH AGUNG NOMOR 350/K/TUN/2019 PERSPEKTIF PERLINDUNGAN HAK KONSTITUSIONAL ATAS TANAH DALAM PROYEK STRATEGIS NASIONAL
AV  - restricted
EP  - 142
ER  -