The Yuridic Problems of Regulate People’s Land Taking For The Construction On The Public Utility

Abstract

The implementation of development is an effort to create a fair and prosperous public as national purpose which is the mandate of constitution. In development implementation, government faced problem in land availability. So, government often took people's land. But, in the other hand, people's land ownership was a right which is protected by constitutional too. Since the development must go on, so, taking people's land for implementing development, especially development of public facilities, was arranged in special rule. The rule of taking people's land was changed many times (latest rule was Presidential regulations No, 65 year 2006/ Perpres No. 65 tahun 2006) accordance with the changes of government political power. The regulation was always controversial and it raised many pro and contra opinions. Moreover, in its implementation, social conflict with physically conflict usually occurred, even life victims can not be avoided. It also raised land speculator, collusion, bribing, and corruption. In result, it decreased of land owners' prosperity or decelerated development and national purpose as well. The main problem of taking people's land was on its arrangement. Juridical arrangement problem of people's land taking included formal and material aspects. The problem of formal aspect was on the inappropriate law product form. The main problem of material aspect was on deciding public development mechanism which potentially taking people's land, information access, and people involvement mechanism in development plan, unclear criteria of development for public, time limit of discussion for deciding the compensation, and inappropriate implementation of consignment. Based on juridical arranging problem on people's land taking for public development, it needed government political will for reforming the regulation of laws related to people's land taking. So, it created participative and fairness law (responsive law) that supported participative development and minimize the problem in order to create fairness and prosperity of Indonesian people. Creator from Law Faculty of Muhammadiyah University of Malang