Abstract
The purpose of this article is to study the state’s efforts to guarantee the principle of transparency and implement it into land acquisition process for the sake of public interest. With normative method, this article found that the land, despite of being an object of private ownership, has a social function. Therefore, the state has an authority to regulate the utilisation and use of land for the sake of public interests through a land acquisition. In recent years, disputes due to land acquisition between the government and the land owners has always increased, resulting in the use of violence and public distrust against the government. It is believed that such the condition was triggered by the lack of transparency as long as the land acquisitions are concerned. In order to realize agrarian justice, which is the state’s obligation, it is necessary to guarantee the principle of transparency in the land acquisition process which are the basic rights of land owners / holders and the general public. Because the principles of openness and transparency in the Land Acquisition Law are obscure in norms, it is necessary to interpret the law. The principles of openness and transparency are carried out from the planning, preparation, implementation stages to the stage of submitting the results of land acquisition. At the empirical level, it must be implemented without causing various encapsulation resulting in land acquisition disputes. The principles of openness and transparency are needed to facilitate the flow of community participation in development
Highlights
Land is always important to manage activities of the nation and state
The development of land law in Indonesia is emphasized in the Article 33 paragraph (3) of the 1945 Constitution, which in essence is that all natural resources that meet the livelihoods of many people, including land, by the government must be managed for the realization of a just, prosperous and prosperous Indonesian people." Efforts to realize the purpose of Article 33 paragraph (3) of the 1945 Constitution by the government formed a regulation which can be used as a basis for making land natural resources as a medium for achieving prosperity
The enactment of the UUPA is intended as a guideline that spells out the objectives of Article 33 paragraph (3) of the 1945 Constitution and as the implementer is given authority to the state as the right holder, namely "the right to controll by the State” as referred to in Article 2 paragraph (2) of the UUPA." Article 2 of UUPA regulates that the State as an organization of power of the highest people is given the authority to regulate, organize, determine and supervise the designation, owner
Summary
Land is always important to manage activities of the nation and state. is the land used as a residential area, it is an object for infrastructure development such as building construction, toll roads, and reservoirs. According to KPA, those conflicts were triggered by: (1) lack of public participation; (2) unfavorable price fixing; (3) Corruption and extortion in land acquisition: (4) the involvement of officers and the reduce of price due to high cost in the process of land acquisition; (5) Various alternative options were offered to landowners and agreed by both parties, but were not implemented by the government.. According to KPA, those conflicts were triggered by: (1) lack of public participation; (2) unfavorable price fixing; (3) Corruption and extortion in land acquisition: (4) the involvement of officers and the reduce of price due to high cost in the process of land acquisition; (5) Various alternative options were offered to landowners and agreed by both parties, but were not implemented by the government.7 These problems have occured due to lack of principle of transparency by the government. Due to the complexity of such issues, this article discusses on how the state guarantee the principle of transparency during the acquisition of the land and how to apply the principle in the process of acquiring the land for the sake of public interest
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