THE CONFLICT OF INTEREST BETWEEN PEOPLE AND CORPORATION IN THE CONSTRUCTION PROJECT OF APARTMENT IN YOGYAKARTA INDONESIA A SOCIO-LEGAL PERSPECTIVE
Journal Title: International Journal of Environment, Ecology, Family and Urban Studies (IJEEFUS) - Year 2018, Vol 8, Issue 5
Abstract
Objective: This Research has been conducted on the north side of Yogyakarta, Center for the Study of Human Rights and Democracy (CSHD), UniversitasAtma Jaya Yogyakarta. The early observation indicated that there were some rejections by the people toward the corporate activity, including apartment buildings, iron-sand mining and new airport development. The reason of the local people’s rejection was the environmental damage, the negative impact of socio-cultural and the license-procedural manipulation that did not involve the people’s approval. This rejection was followed by demonstration, public hearing with local parliament, and mass mobilisation that emerge the horizontal conflict between the people and corporation. The demonstration was responded by the corporation by criminalisation of community rights activist by using a legal claim on the property destruction. An activist was imprisoned by the law. The result of this phenomenon was the problem of social injustice due to the implementation of law and conflict resolution. Based on that, the purpose of this research is to know the implementation of law towards people and corporation in order to solve conflict of interest Methodology/Technique: The method that is used in this research is action research, it is participative and collaborative, and that means to give the space with the purpose to reflect the researcher’s observation about the social change toward justice. Findings: There is no social justice in the conflict resolution between people and corporation which is deeply influenced by positivism. Legal positivism is only based on the deductive syllogism without seeing non positivism and legal paradigm that is, based on the material truth. Novelty: This research indicates that positivism paradigm influence the legal consideration conflict of interest between people and corporation, that ignores non-juridical factors Type of Paper: Review
Authors and Affiliations
WISNUBR OTO AL, HENGKY WIDHI ANTORO B, SURYO ADI PRAMONO .
Keywords
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- EP ID EP430055
- DOI 10.24247/ijeefusoct20183
- Views 109
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