Abstract
The research aims to determine the arrangements of restitution for non-physical losses in the implementation of land acquisition for development in the public interest. The research is a normative-legal research with using statute and case approaches. The research was conducted in North Sulawesi Province, Indonesia. The results show that the arrangement of restitution for non-physical impacts in Land Acquisition Act is still very limited. It is caused by the lack of clarity regarding the authority to determine the loss of non-physical impacts, the mechanism for determining the loss, and the absence of a regulation regarding the criteria and indicators of non-physical losses that can be valued. The limited arrangement of compensation for non-physical impacts in these laws causes the implementation of land acquisition related to non-physical losses does not show justice and protection of human rights. Non-physical losses in land acquisition need to be regulated clearly and firmly in terms of authority, mechanism and categories and indicators so that they can become a reference for implementing land acquisition, those who need land and land appraisers to provide legal certainty for them in taking decisions that will not cause any legal issues and harm the country. Keywords: Acquisition; Land; Restitution; Public Interest DOI : 10.7176/EJBM/11-27-18 Publication date :September 30 th 2019
Highlights
National development is conducted as an effort to fulfill the mandate in the 1945 Constitution of the Republic of Indonesia
In Indonesia, the right to land basically has got the main regulation that refers to Basic Agrarian Law (BAL)
Land acquisition for public interest is a manifestation of the social function of land
Summary
National development is conducted as an effort to fulfill the mandate in the 1945 Constitution of the Republic of Indonesia. In Indonesia, the right to land basically has got the main regulation that refers to Basic Agrarian Law (BAL). Land acquisition for public interest is a manifestation of the social function of land. It is essentially one of the initial efforts for the government in providing services to the community. Land acquisition for public purposes aims to provide land for the implementation of development in order to improve the welfare of the nation, State and society while still ensuring the legal interests of the parties.
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