Land Acquisition Compensation Research Articles

Aspects of development: Voices from predisplacement site in Eastern India

The present research paper is an ethnographic account of the travails and resistance of an adivasi (native) community of India called Santhals. These adivasis are facing the threat of eviction due to a planned coal mining in the area, located in West Bengal, a state in the eastern part of India. Amid the ongoing protest against coal mines, many families are ready to give up their land for the project. Even differences in opinion are common among the leaders of those protest groups. These differences in perception about a coal mine project are the central theme of this paper. Drawing from it the paper is going to scrutinize the grand terms like ‘Affected Persons’, used in ‘National Mineral Policy 2019’ and ‘Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act (2013)’, and ‘Local Community’ to show that any generalization or universalization of those various perceptions suppress the real needs of the people since they get affected in multiple ways. Further, this paper regards ‘development’ as ‘pharmakon’ for its dual nature, since people in the same community perceive it as poison; in contrast, for others, it is the remedy for their poverty. Tracing from all the varying voices, the paper finally argues for finding ‘significant others’, who are significantly excluded from decision-making.

Case studies and legal recommendations on the current state of compensation, support, and resettlement in land acquisition in Vietnam

Case studies and legal recommendations on the current state of compensation, support, and resettlement in land acquisition in Vietnam

Towards a Conceptual Framework for Understanding the Protection of Farmers' Land Rights in China

Like in other parts of the world, land rights are crucial for f farmers in China too for they livelihoods and well- being. However, farmers often face various challenges in protecting their land rights, such as unclear property rights, inadequate legal protection, and insufficient compensation for land acquisition. This paper aims to establish a conceptual framework for understanding the protection of farmers' land rights in China thus addresses the farmer’ land rights problems in a better manner. The proposed framework which is built based on review of existing literature and an analysis of the current situation of farmers' land rights protection in China focuses on legal, institutional, and social dimensions. The legal dimension examines the legal basis for farmers' land rights, their executions and the effectiveness of the legal regulations in protecting these rights. The institutional dimension explores the roles and responsibilities of various government agencies and organizations in safeguarding farmers' land rights. The social dimension considers the impact of social factors, such as culture, tradition, and power relations, on the protection of farmers' land rights. When adopted the proposed framework could serve as a comprehensive guidance for the policy and decision makers of the government, farmers and other stakeholders to understand the protection of land rights.

Custody of Compensation in Land Acquisition for Development in the Public Interest

The aim of this research is to analyze and find regulations regarding the maintenance of compensation for land acquisition for development in the public interest that are not based on justice. To analyze and find weaknesses in current regulations regarding the maintenance of compensation for land acquisition for development in the public interest. This research uses a sociological juridical approach. The specification of this research is qualitative research, namely legal research using empirical interviews with several informants. The interview aims to dig deeper into what the researcher wants to know by digging deeper into information from existing sources with dialectical exchanges between researchers and informants regarding Custody. compensation for land acquisition for public development. The research results found that the provision of compensation for land acquisition for development in the public interest was not based on justice as regulated in Article 68 Paragraph (1) letter f, Article 69 Paragraph (2), Article 85 A and Article 89 paragraph (1), paragraph (2) and paragraph (3) Government Regulation Number 39 of 2023 concerning Amendments to Government Regulation Number 19 2021 concerning the Implementation of Land Acquisition for Development in the Public Interest, and Article 132 paragraph (6) Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency of the Republic of Indonesia Number 19 of 2021 concerning Provisions for Implementing Government Regulation Number 19 of 2021 concerning the Implementation of Land Acquisition for Development for the Public Interest, and Article 42 paragraph (3) of Law Number 6 of 2023 concerning the Stipulation of Government Regulations in Lieu of Law Number 2 of 2022 concerning Job Creation into Law.

Participation and Perception of Project Affected People in SIA Process under RFCTLARR Act 2013

Undoubtedly, growing urbanisation, increasing of infrastructure requirement and rapid economic development has imposed high pressure on land in India. Private land is regularly acquired for both State-sponsored development and private projects, which is increasingly become contentious. Compulsory acquisition of land till the end of December 2013 is primarily governed by the Land Acquisition Act, 1894, which is century-old legislation enacted in the very different social, economic and political milieu. Post-independence period Indian Government has not fundamentally changed the acquisition policy to reflect the values and needs of our times, which has resulted in legal, social, cultural, economic and political fallouts. Land Acquisition Act, 1894 is needed for public purpose and economic development, but it is deficient in many respects. In this background the colonial Land Acquisition Act, 1894 was repealed and replaced by the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act.2013. It is now settled that whatever State or Government acquires land from its citizens for public purpose, it has power to do so. The jurisprudence that has developed around colonial Land Acquisition Ac, 1894 over the years on this subject has made the citizen, a subject. The colonial mind-set is that all pervasive under the Act was reflected in practice and even the judiciary in some cases has inadvertently furthered this notion. Thus, it becomes imperative to scrutinize the law and test it, against the contemporary democratic values. However, the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 made an attempt to balance within the larger political context of land acquisition in India. Through the land acquisition how people be affected to be estimated by SIA study suggested in The RFCTLARR Act 2013. But the entire SIA process can be succeed when all the stakeholders in general and the project affected people or families in particular to be participated fully during the implementation of the project. The current paper have studied the participation and perception of project affected families in different projects implemented by Government of Odisha.

Legal Study of Alternative Models of Land Procurement for Public Interest Development Viewed from Human Rights Perspective

Purpose: This research addresses a prominent land-related challenge, specifically focusing on the issue of remedies during the land procurement process, which constitutes 7.65% of the overall concerns. Among the identified remedies (seven in total) applicable to land procurement for public interest development, a significant majority (87.5%) involves parties denying payment. This observation points to a noteworthy aspect: the government's neglect of human rights considerations within the land procurement process. Methods: The study uses normative juridical and empirical methods, employing prescriptive analysis to understand the legal aspects of depositing compensation for public land acquisition. It utilizes legislative analysis, case studies, and interviews to qualitatively analyze data, aiming for comprehensive insights. Results and Conclusion: The study advocates for a land procurement approach rooted in human rights principles. Such an approach encompasses the entire process, from initial planning to development, emphasizing the importance of respecting honor, dignity, and the fulfillment of rights to restore the lives of landowners. Alternative models are proposed, encouraging active involvement of relevant parties in the planning phase to comprehensively identify problems and collaboratively design future-focused solutions. Parties entitled to compensation are afforded the opportunity to contribute to determining the fair value of the land. In cases where mutual agreement cannot be reached, scheduled meetings provide a platform for entitled parties to present their grievances and obtain remedies essential for their sustenance. These remedies may include financial support for a specified duration. Consequently, parties entitled to compensation play a pivotal role in permitting the government to initiate development for the greater public interest, ensuring the fulfillment of their rights and well-being. This alternative model strives to establish a more equitable and participatory framework for land procurement, prioritizing and safeguarding the rights of all involved parties throughout the entire process. Research implications: This research has several important implications for study and practical implementation in the field of land procurement. These implications include the need for legal reforms, a human rights-based approach, stakeholder participation, alternative compensation models, capacity building, comparative studies, and monitoring and evaluation. By considering these implications, policymakers and practitioners can work towards more equitable, sustainable land acquisition practices that respect the rights of all parties involved. Originality/value: The originality and value of this research lie in its contribution to the understanding of land procurement processes and their implications for human rights and equitable development. The study offers fresh insights by identifying and analyzing the challenges and remedies encountered during land acquisition for public interest projects. The proposed alternative models and recommendations provide practical approaches to address these challenges, with a focus on stakeholder participation, fair compensation, and the integration of human rights principles. The research adds value to the existing literature by emphasizing the importance of considering human rights in land procurement and suggesting ways to improve the fairness and inclusivity of these processes. It serves as a basis for future studies and policy reforms aimed at promoting more just and sustainable land acquisition practices.

The Paradox of Farmers in Response Agricultural Land Conversion to National Strategic Development Policies in Central Java

The pros and cons of developing infrastructure, including transportation infrastructure, in a country known as an agricultural country will certainly involve and possibly sacrifice several parties. The development causes a dilemma for the affected parties. Klaten Regency is one of the areas in Central Java where the Yogyakarta-Solo toll road would be built. This article investigates some farmers affected by toll road construction in Klaten Regency to present the dilemma they felt using an approach to the level of achievement of farmers’ feelings towards this policy. The results of the research show the following achievement levels: (1) farmers felt sad about the land conversion due to the toll road construction project policy, (2) farmers were happy about the land acquisition compensation appraisal, and (3) farmers were sad about the decision to sell the land.

Gender impact assessment of land acquisition compensation for sustainable environmental management of Wuxikou Hydropower Projects

Reservoir compensation and resettlement are the two important keys for enforced migration for water conservancy projects. For reservoir migrants in China, the most severe loss of inundation is that of land, so land rights are the most critical in land acquisition compensation (LAC). In this study, based on the field survey of Wuxikou reservoir migrants in China, a social relations approach is adopted to analyze the gender gaps in the three dimensions of rules, resources and power in LAC. Besides, the study discusses the causes of gender gaps in LAC of reservoir migrants, both external and internal. External causes include the absence of a gender perspective in land systems design and migration policies, the insufficient implementation of related compensation policies, etc. Similarly, internal causes include a deviation of village rules and customary laws from policies, the patriarchal gender culture of “son preference”, and the marital mobility of virilocal residence. Studies find that gender gaps exist in related local policies and laws, as well as their enforcement. Besides, migrant women lacked participation in rule-making. The distribution of compensation resources was skewed towards men, while migrant women had de facto difficulties in accessing financial compensation, productive lands, and living sites. However, migrant men had more power in the leadership of village affairs, expression in village meetings, and decision-making in family affairs than migrant women. The findings of the study reveal that to bridge the gender gaps of reservoir migrants' rights and socio-economic benefits, governments or development enterprises should reasonably build up an equal gender environment and empower migrant women, which will help to achieve the sustainable development of water projects in China.

Ganti Kerugian Akibat Pengadaan Tanah untuk Pembangunan Jalan Tol Jambi-Rengat

The purpose of this study is to determine the form of compensation given to landowners and the efforts made to settle compensation due to land acquisition for the construction of the Jambi-Rengat toll road. The problem is: What is the form of compensation given to land owners and How are efforts made to settle compensation due to land acquisition for the construction of the Jambi-Rengat Toll Road. This research uses Empirical Law research method, with primary data from land-owning communities affected by the Jambi-Rengat toll road construction project and secondary data from laws and regulations, books and other literature. The result of this study is: that the compensation received by the community affected by the Jambi-Rengat toll road project was agreed in the form of money, even though the community has agreed to the agreement the amount of money until now has not been given from LMAN (State Asset Management Institution) to the community as land owners. Efforts that can be made to complete the provision of compensation for land acquisition for the construction of the Jambi Rengat toll road refer to Law Number 2 of 2012 concerning Land Acquisition for Development in the Public Interest. This effort can be done through a non-litigation approach, with reference to deliberation to reach an agreement with a fair assessment. After the agreement has been reached, further actions can involve providing compensation budgets from LMAN (State Asset Management Institutions), then continued with the provision of compensation carried out based on applicable legal procedures.

Kewenangan Pemerintah Daerah dalam Penyelenggaraan Pengadaan Tanah Untuk Pembangunan Jalan Tol

This study aims to identify and understand the mechanism of land acquisition for development in the public interest, and to analyze the form of local government authority in implementing land acquisition for toll road construction. This type of research is normative legal research using statutory and conceptual approaches. Development is one of the efforts to achieve general welfare. In a development, land is definitely needed, while land owned by the state is getting less and less, so land acquisition is necessary. The implementation of land acquisition cannot be carried out arbitrarily, and the implementation of land acquisition for the public interest must pay attention to the interests of development and the interests of the community. The results of this study show that the government is the executor of land acquisition, the mechanism of which consists of four stages, namely planning, preparation, implementation, and the delivery of results. Then, the government and regional governments have the authority to guarantee the availability of land and funding for land acquisition for the public interest and as the executor of land acquisition. The government and regional governments have an obligation to prioritize the welfare of their citizens because the principle of development in the public interest is aimed at increasing the welfare of all people. The regional government is obliged to ensure that the assessment of compensation in land acquisition is based on the principles of fairness, benefit, agreement and sustainability.

The Predicament of Land Acquisition, Displacement and Resettlement: An Analysis of Indian Scenario

India is the fifth largest economy and stands third in purchasing power parity, according to a report by International monetary fund. According to the 2011 census, 31.16% of India’s total population lived in cities in 2011. Due to population growth and economic growth, construction is rapidly increasing. This is one of the reasons for expanding land use in urban areas. People are adversely impacted by the mega-development projects the State and government initiated. Large-scale land acquisition has resulted in the displacement of people from their land, forests and homes. India has been experiencing certain challenges in rehabilitating the individuals whose lives were disrupted by the construction of industrial projects, which is the primary motivation for this action. Failure to adequately implement resettlement and rehabilitation (R&R) strategies and plans results in various obstacles for the People and the governments. Even the Supreme Court has noticed that while dealing with rehabilitation and displacement, there is some administrative deficiency on the part of the State. This paper embarks on the study of land acquisition issues in India while dealing with the newly implemented ‘The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013’ and Rule 2014, the idea of eminent domain, and the acquisitions took place historically in India.

Pengaruh Penyelesaian Sengketa Tanah Terhadap Pengadaan Tanah Dalam Kegiatan Pembangunan Bendungan Paselloreng Kecamatan Gilireng Kabupaten Wajo

Land disputes hampered the process of providing compensation for land acquisition and created legal uncertainty over land ownership for the construction of the Paselloreng Dam, Gilireng District, Wajo Regency.
 This study aims to determine how good the effect of land dispute settlement on land acquisition in the construction of the Paselloreng Dam, Gilireng District, Wajo Regency.
 The type of research used is census research using a quantitative associative approach with descriptive study methods. Data collection techniques used are questionnaires/questions, documentation and observation.
 The population of this study is the people who are in dispute and a sample is drawn. The results of this study indicate that land disputes are in a fairly good category and there is a positive influence between land disputes on land acquisition for the construction of the Paselloreng Dam, Gilireng District, Wajo Regency.

EFEKTIVITAS PENERAPAN KONSINYASI DALAM PEMBERIAN GANTI RUGI PENGADAAN TANAH

<p><em>The land is one of the natural assets controlled by the State of Indonesia as stipulated in Article 33 paragraph (3) of the 1945 Constitution. The word control has the meaning of being authorized to regulate by issuing statutory regulations. Even so, land problems are still a problem that often occurs in society, especially related to land acquisition for public purposes and accompanied by compensation. The purpose of this study is to the extent to which the effectiveness of the application of consignment in the provision of compensation due to land acquisition. The research method in this writing uses a normative juridical approach and data analysis used is qualitative and data collection is carried out by collecting primary, secondary, and tertiary materials.</em></p><p><em>Based on the results of the analysis of this writing, the application of consignment in the provision of compensation for land acquisition can be the final way in resolving disputes between the government/institution/agency and the community when there is no agreement due to various factors such as the owner or heirs not being present and difficult to communicate related with land acquisition for public interest or this disagreement is due to the absence of an agreement on the amount of compensation in which compensation for land acquisition is considered too small so that it cannot meet further needs. The consignment request is carried out by the Debtor/Agency/Institution/Government to deposit compensation money through the local District Court and of course, use the applicable provisions as stipulated in the Law so that it has permanent legal force.</em></p>

Land Mafia Case Handling Through the Optimalization of Land Mafia Task Force Role

Introduction: Various aspects regarding the importance of land often become conflicts in the society, such as land ownership status conflict, land tenure status conflict and compensation for land acquisition and usage. The forms of the legal mafia practice are brokers in buying and selling cases, bribes, illegal levies and land mafia due to inaccurate land data.Purposes of the Research: Explaining and analyzing how the state has handled cases of land mafia practices so far and the optimization of the role of the Land Mafia Task Force in preventing and eradicating the practice of the Land Mafia..Methods of the Research: The approach of the research is qualitative, verificative, evaluative, through statutory approach, and case approach. With documentation data collection techniques, audiovisual materials, and supported by interviews.Results of the Research: The handling of cases of land mafia practices through optimizing the role of the Land Mafia Task Force so far has never reflected the principle of prudence and respect for land rights holders. In handling land mafia cases, actions are often done arbitrarily to the detriment of the actual land rights holders that they do not reflect justice, balance, and does not protect the ownerships’ rights. The legal formula optimizes the role of the Land Mafia Task Force in preventing and eradicating land mafia practices, which is the formation of a Special Cross-Ministerial Team and Academics by making SOPs and technical instructions in carrying out activities to prevent and eradicate land mafia.

Revitalization of Rawa Pening lake, Indonesia

Rawa Pening Lake has been in critical condition, caused by high sedimentation levels, declining water quality, damage to the watershed, and excessive riparian occupation. Therefore, this study aims to identify the main problems of the revitalization of Rawa Pening lake. Data and information collection were carried out through direct observation and interviews. The results showed that the main problems of the lake were the removal of the water weeds/water hyacinths, tidal rice fields, and buildings on the lake and riparian areas. The solution to the three main problems is lake revitalization. The revitalization concept that can be proposed regarding the control of water hyacinth is by mechanical means (using water hyacinth lifting equipment, boats, and cutting water hyacinth) and by biological methods, namely the cultivation of koan fish that will eat water hyacinth. At the tidal rice fields, it is necessary to determine the water level limit wisely. The areas with elevation of 462.30 m3-463.25 m3 (covering an area of 812 Ha) can be planted twice a year. The areas with a height of 462.05 m3-462.30 m3 (covering an area of 200 Ha) can be planted once in the rainy season. The areas with elevation of 462.05 m3 cannot be planted because it is in a state of flooding. Incommensurate areas and lakes, there is a lot of land and buildings consisting of settlements, tourism destinations, places of worship, and restaurants. Then the proposed alternative solution is the land acquisition compensation of land and buildings in commensurate areas.

Kewenangan Pemerintah Dalam Pengadaan Tanah untuk Kepentingan Swasta berdasarkan Undang-Undang Nomor 2 Tahun 2012 tentang Pengadaan Tanah Bagi Pembangunan untuk Kepentingan Umum

This research aims to find out the authority and process and mechanism of land acquisition for private interests in terms of building the smelter facility of PT. Amman Mineral Nusa Tenggara (AMMAN) in the industrial area of Maluk Village, Maluk District, West Sumbawa Regency which is a National Strategic Project regulated in the Presidential Regulation of the Republic of Indonesia Number 18 of 2020 concerning the 2020-2024 National Medium Term Development Plan. In carrying out the development agenda (national priority) of the 2020-2024 RPJMN, Strategic Priority Projects (Major Projects) are prepared, namely 9 industrial areas outside Java and 31 smelters. In this regard, in terms of solving problems or answering problems, empirical normative types are used by using 3 approaches, namely the Conceptual Approach, the Statute Approach and the case approach by collecting data which includes data Primary and secondary data were studied and analyzed using qualitative-descriptive analysis. By using this method, the author is finally able to answer the existing problems, namely land acquisition for private interests in terms of the construction of PT. Amman Mineral Nusa Tenggara (AMMAN) based on Law Number 2 of 2012 concerning Land Acquisition for Public Interest for the construction of a smelter is carried out through 4 stages, namely the planning stage, the preparation stage, then the implementation stage and the results delivery stage. As for the process of implementing compensation for land acquisition for the public interest, the construction of the smelter PT. AMNT starts from the stages of inventory and identification of land tenure, ownership, use and utilization. After the inventory was carried out, the implementing team then carried out an assessment of compensation for community land which included the area of land required in this land acquisition.

The ‘Voice’ of the Public during Social Impact Assessment (SIA): A Case Study of Teesta IV hydroelectric project in India

The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement 2013 Act (RFCTLARR Act) ensures that the ‘public’ is an integral part of the Social Impact Assessment (SIA) process. The law now mandates thattheir opinions would be considered in the report through a public hearing of the affected families. However, the inclusion of the affected people is often questioned in developmental projects such as hydropower projects, especially in hilly areas where the local people whose land is acquired are completely dependent upon it for their livelihood. Their resistance is also depicted through collective social action as aresult of their former experiences with the outcomes of public projects, due to which the public and private companies conducting the SIA studytend to neglect their views. The aim of this paper is to examine the role of public and its inclusion in the SIA process in India, using a case study methodology focusing on the SIA report of Teesta-IV hydroelectricproject submitted in 2018. Following a secondary data based approach, this study will argue that the local tribal communities do not equate the construction of dams with the concept of sustainable development. However, this does not cease the construction of those projects, thereby, questioning the notion of inclusionofthe local people. It is,therefore,recommended that the agencies involved in conducting the process of SIA must take into consideration the conflicting views of the affected families and train theirconsultants to be responsible legally and ethically for project approvals, thereby fostering accountability in the process of development.

Compensating Project-affected-Families: an examination of alternatives

The empirical study has obtained insights into the expenditure patterns of cash compensation and the desired constituents of compensation package by the affected landowners in a linear project in peri-urban area of Gurugram district in Haryana. The study concludes that monetary compensation is apportioned between the twin heads of immediate consumption needs and income generating assets, though, the percentage spent under each category is influenced by the geographical location and the sociological attributes of communities. A heterogeneous mix of compensation options was found to elicit greater acceptance among the affected landowners. The individual compensation choices are ascribable to factors such as education, age, size of land holdings, income level, extent of awareness, and access to information. The findings of the study underscore the need to diversify the compensation choices incorporated in The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (RFCTLARR) Act, 2013 to optimize the post-acquisition outcomes for the project-affected-families. The paper recommends the adoption of land pooling policy for land aggregation in urbanizing areas to assure high economic return to participating title holders from the serviced parcel of land returned to them through its monetization or utilization for commercial purposes.

Mechanism Of Paying Compensation In Land Acquisition To Land Owners

The land issue is an issue that affects the most basic rights of the people. Because it has a social function other than economic value, so that individual interests on land are sacrificed for common purposes. The purpose of this study is to analyze the payment of compensation for land acquisition in cash and in kind, to identify and analyze the land acquisition process based on Law no. 2 of 2012, as well as explaining the concept and its provisions. To investigate and analyze. This is done by searching for relevant regulations and literature through the search for library materials as a starting material for investigation, using normative legal procedures for problem analysis. Depending on the issue being investigated, the matter will be carried out to analyze the legal regulations in the area of ​​implementing the release of property rights. The results of the examination show that the payment of compensation for the purchase of land can be in the form of cash or non-cash. Change of money, land, resettlement. The land acquisition process that is being developed based on Law no. 2 of 2012 through three stages: The process of planning, compiling and implementing remuneration, concepts and regulations in land acquisition must be carried out in accordance with laws and regulations so that it is fair and does not harm the government or land owners.

Game Analysis and Simulation Study of Hydropower Development Interests

In China, hydropower development is an important strategic initiative for the structural reform of energy supply and the development of poor areas. With technology at a mature stage, hydropower development is now constrained by relocation issues. Building a mechanism to balance the interests of all the stakeholders is the key to realizing the shared benefits of hydropower development. This paper takes reservoir-displaced people, hydropower developers, and government departments as the research objects, combines the relationship between them, and constructs two evolutionary game models: “reservoir-displaced people versus hydropower developer” and “reservoir-displaced people versus hydropower developer versus government department.” We then analyze strategy selection and evolution for reservoir-displaced people and hydropower developers, as well as the changes in the evolutionarily stable strategies of both players under the government’s macro-control and determine the boundary conditions for stable behavior of each player. Based on the results of the evolutionary analysis, the initial willingness and parameters of the players can be input into a simulation, and the evolutionary paths under different scenarios are calculated in MATLAB to further verify and analyze the evolutionary results. According to the boundary conditions of the different strategies they adopt, the equilibrium point of benefits for the three players can be calculated, which provides a new research framework for the formulation of land acquisition compensation policy, and also provides an idea and scientific basis for the macro regulation of the distribution of the benefits of hydropower development.