Land Acquisition for Public Interest Case Study of Toll Road Development in Indonesia

Abstract

This research is conducted with aim of knowing how to regulate, determine procedures, and find obstacles and solutions to the land acquisition for the construction of toll roads for the public interest. This research uses a normative juridical method with a statutory approach and a conceptual approach. The results of the research show that the procedure of land acquisition for toll road infrastructure for development in the public interest according to Law number 2 of 2012 stipulates that land acquisition is the activity of providing land by giving proper and fair compensation to the entitled party. Procedurally, the Land Procurement in the construction of toll road infrastructure by the State-Owned Enterprises (SOE) or BUMN (in this case is Persero) has fulfilled the principle of public interest, in which the development is actually owned by the government, carried out by the government (through SEO Persero), and does not seek profit so that it can be qualified as land acquisition in the public interest. Several land acquisition constraints identified are (1) difficulty in reaching a major compensation agreement, (2) lack of knowledge and awareness of land owners about the social function of land rights, (3) the importance of infrastructure development including toll roads, (4) limited procurement land funds, (5) there is a land ownership dispute. In addition, the solution is (a) a persuasive approach to the community (b) providing an understanding of the valuation system that takes into account the principle of “the highest and the best use”, (c) taking over the process and funding of land acquisition by the government through agencies that require land, and (d) consignment. Other than that, the legal settlement mechanism when the owner of land rights refuses the form and amount of compensation is set based on Law number 2 of 2012.