The Criticism of Land Procurement Law to Improve Landowners Welfare in Indonesia

Fifik Wiryani,Mokhammad Najih

doi:10.28946/slrev.vol5.iss2.1073.pp175-191

Abstract

This study is to conduct a juridical analysis of the implications of Law No. 2 of 2012 on Land Procurement for Development for the Public Interest to improve the welfare of landowners after the release of land rights. The focus of the study is on the arrangement of indemnity from the aspects: assessors, indemnity assessment, and deliberation on the determination of indemnity. The research approach uses normative juridical, with secondary data sourced from primary legal materials and secondary legal materials from March to July 2020. The data was analysed using content analysis combined with prescriptive analysis. As a result, this research proposes the arrangement of compensation in the Law on Land Procurement for the Development of the Public Interest. These arrangements are included the material determination of assessors, the value of compensation, deliberationof the determination of compensation, and the custody of compensation (consignment) in the Law on Land Procurement which is inconsistent with the principles and principles of land procurement that should be as the basis and guidelines for the formulation of norms.

Highlights

Land acquisition for public purposes is defined as the activity of providing land for the benefit of the nation, state and society that the government must realize by providing proper and fair compensation to people who are entitled and used to the maximum extent for prosperity.1 Land acqui- [175]Sriwijaya Law Review ◼ Vol 5 Issue 2, July (2021)Fifik Wiryani and Mokhammad Najih sition is the primary means used by the government in meeting the development needs of the public interest in Indonesia.2In order to create a just and prosperous society based on Pancasila and 1945 Constitutions, national development in various sectors is needed, namely development in the political, economic, social, cultural, defence and security sectors
Based on the results of the discussion that has been done in the previous subchapter, the conclusion is drawn as follows: arrangement of compensation in land procurement for the development of public interest in the Land Procurement Law there are still inconsistencies between the principles of land procurement that should be used as the basis and guidelines for the formulation of norms regulated in it
Article 31 paragraph (1) of the Land Law regulates that the determination of assessors is carried out unilaterally by the Land Agency, which doubles as a government agency in the field of land concurrently as the executor of land procurement

Summary

Introduction

Land acquisition for public purposes is defined as the activity of providing land for the benefit of the nation, state and society that the government must realize by providing proper and fair compensation to people who are entitled and used to the maximum extent for prosperity. Land acqui- [175]Sriwijaya Law Review ◼ Vol 5 Issue 2, July (2021)Fifik Wiryani and Mokhammad Najih sition is the primary means used by the government in meeting the development needs of the public interest in Indonesia.2In order to create a just and prosperous society based on Pancasila and 1945 Constitutions, national development in various sectors is needed, namely development in the political, economic, social, cultural, defence and security sectors. Land acquisition for public purposes is defined as the activity of providing land for the benefit of the nation, state and society that the government must realize by providing proper and fair compensation to people who are entitled and used to the maximum extent for prosperity.. Fifik Wiryani and Mokhammad Najih sition is the primary means used by the government in meeting the development needs of the public interest in Indonesia.. In order to create a just and prosperous society based on Pancasila and 1945 Constitutions, national development in various sectors is needed, namely development in the political, economic, social, cultural, defence and security sectors. The land is a significant component that plays an important role and determines the success or failure in developing public interest. Nawacita contradicts the mainstream development paradigm concept, which supports economic growth as Indonesia's development main goal.

Methods

Conclusion