PENETAPAN GANTI RUGI HAK ATAS TANAH BERDASARKAN UNDANG-UNDANG NOMOR 2 TAHUN 2012 TENTANG PENGADAAN TANAH BAGI PEMBANGUNAN UNTUK KEPENTINGAN UMUM

Abstract

This research aims to examine concerning the determination of the compensation land rights based on law No. 2 Of 2012 about the procurement of land for development for the public interest, namely the determination of the form and Procedure examines the value of compensation for land rights in the provision of land and the concept of the public interest in the provision of land for the implementation of the construction according to the law. Research conducted is normative legal research that seeks to discover the principles of law that are not met in the form of the assignment procedure and the value of compensation for land rights and the concept of the public interest in the procurement of land provided for in Act No. 2 Of 2012. Determination of the procedures and arrangements the value soil procurement damages for execution of development which are regulated by Act No. 2 of 2012 more clearly than the determination of the procedure and the value of the land procurement damages provided for in the previous Legislation. In the Act is regulated with a clear period of implementation of the procurement of land at each stage, both stages of the planning, the preparation stage, the stage of implementation, up to submission of results. Based on the results of the study showed that in law number 2 of 2012 set implementation of the deliberations that are part of the assignment procedure and the value of damages was conducted in order to establish the form and/or the amount of damages based on the results of the assessment of damages made by the evaluator. From those settings do not meet the basic agreement that States that the deliberations conducted by the parties without the element of coercion to get a deal together.While the concept of public interest mentioned by Act No. 2 of 2012 that construction used for the prosperity of most people, providing opportunities for a handful of people to utilize the development results to enrich yourself.