Land Acquisition Compensation Research Articles

Pandangan Hukum Islam Terhadap Ganti Rugi dalam Pengadaan Tanah yang Dipergunakan untuk Kepentingan Umum

This article examines the view of Islamic law on compensation in land acquisition for the public interest. This research was conducted to find out how Islamic law views compensation in land acquisition for the public interest. The method used is literature research method with a normative juridical approach, namely by examining Islamic law related to the theme and examining various literatures that have a relationship with the theme under study. Compensation in land acquisition is an important thing because usually other parties will force their will to continue to carry out land acquisition even though the land authority does not agree with it on the grounds that the compensation is not equal to the value of the land and sometimes there is no agreement between the parties concerned and the matter it will create a loss problem. The result of this study based on the Qur’an, the prophet’s message and the MUI fatwa are that the view of Islamic law on compensation in land acquisition for the public interest is permissible on the condition that it is in accordance with Islamic law by way of deliberation and determining an appropriate and reasonable price. After an agreement is made, then the transfer of property rights, this transfer is through the process of buying and selling, waqf, and exchange.

Principles of Justice for Compensation for Land Procurement in Tamansari 11 Bandung City

Land acquisition is an activity carried out by the government in providing land by providing appropriate and fair compensation to parties who Affected In land acquisition for development in the public interest, there are principles that must be met, one of which is the Principle of Justice, which is based on the explanation of Article 2 letter b of Law No. 2/2012 that the "principle of justice" is to provide a guarantee of proper compensation to the Entitled Party. in the Land Acquisition process so that they get the opportunity to be able to carry out a better life. The government needs to apply the principle of the principle of justice in the context of compensation to the community whose land is needed for the public interest. However, unfortunately it turns out that the compensation provided by the Government to the residents of Tamansari 11 is deemed unfair, which means the Government should be able to provide compensation that is much more appropriate, taking into account that they have lived in the area for more than 20 years and that is where they can also get compensation. income from the livelihood they have, for example trading, then making the house as a boarding house and so on. The problems that occur in compensation for land procurement in Tamansari 11, Bandung City are based on DPKP3 Decree Number 538.2/1325a/DPKP3/2017 and the principle of justice for compensation for land acquisition in Tamansari 11, Bandung City. To answer this research, the analytical methods used are normative and qualitative. The results of this study that the principle of justice against compensation for land acquisition in Tamansari 11 Bandung City has not been achieved where this occurs because the Bandung city government does not carry out land acquisition procedures, namely deliberation to determine compensation as based on Law Number 2 of 2012.

Compensation for Compulsory Land Acquisition; Does Social Sustainability Matters on Satisfaction

Payment of compensation for different types of losses are continuously experiencing in Sri Lanka. One of the typical aspects is the compulsory land acquisition. Government acquires the lands from private landowners for providing infrastructure in terms of public interest and proceeds to pay the monetary compensation recovering the losses while the National Involuntary Resettlement Policy (NIRP) intends to address involuntary resettlement because of land acquisition. However, distrusting is arising on satisfaction of the victims of this process and no evidence how far the social sustainability concept is addressed. Therefore, this paper aims to analyze the determinants of satisfaction while focusing on the factors representing the social sustainability concept in compensation procedure of compulsory land acquisition of Sri Lanka. For acquiring data, questionnaire survey was conducted with 30 re-settlers who were the victims of government land acquisition for a reservoir project and an interview was carried out with prominent community leaders on 09 factors. Data were analyzed using descriptive statistics and a content analysis. The findings reveal that social sustainability aspects of neighborhood environment, education, market availability, electricity, and public health services were successful to some extent, while there were significant inconsistencies amongst assessed components within individual cases. Hence, the study reveals that pure monetary compensation process was unsuccessful since it represents the inadequacy to cover all losses of victims. Thus, for a total loss a resettling strategy is essential along with high concentration on the social sustainability aspects. Keywords: Compulsory Land Acquisition, Involuntary Resettlement Policy, Payment of Compensation, Social Sustainability Concept, Satisfaction

A New Grounding Resistance Reduction Method for Wind Turbines by Grounding Grid Connection in Limited Areas

Restricted by cultivated land vegetation, road construction, and land acquisition compensation costs, the grounding electrode extension method is not applicable for grounding resistance reduction of some wind turbines in limited areas. A new grounding resistance reduction method is proposed and verified for wind turbines by connecting nearby wind turbine grounding grids. To study the efficiency of the proposed method, the grounding characteristics of connected grounding grids are calculated. Simulation results indicate that the grounding resistance of connected grounding grids is smaller than that of box extension grounding grids. The grounding characteristics of the grounding grid connection are affected by grounding current frequency and material parameters. The grounding grid connection increases the current dispersion area and reduces the ground potential rise of the grounding conductor.

JUSTICE VALUES FOR PROVISION OF COMPENSATION IN LAND PROCUREMENT FOR PUBLIC INTEREST

Motivation/Background: The legal problems found in providing compensation in land acquisition for the public interest are vague norms in the interests of justice and feasibility. The legislation on land acquisition has not explained the provision of compensation fairly and adequately. Method: This research uses normative legal analysis. Results: This includes that the perspective of fairness in compensation for land acquisition is essentially still characterized by pragmatic development programs and conditions for compensation that the government has determined. Conclusions: This shows that the provision of compensation must refer to the theory of justice, the idea of practicality and the theory of legal certainty to realize the nature of a prosperous legal state based on Indonesian Socialism and Pancasila.

Compensation for Land Acquisition for Public Interest Islamic Law and Agrarian Law Perspective (Case Study in the Yogyakarta International Airport Mega Project)

In general, this study examines the issue of compensation for land acquisition for the public interest in the view of Islam and Agrarian law. While empirically, this study examines the implementation of compensation for land acquisition for the public interest in the Yogyakarta International Airpot Airport project from the perspective of Islamic law and agrarian law. This type of research is library research, namely research whose main objects are library books and other literature, which are related to the title above. So this research is a qualitative research. However, this research is strengthened by research data in the field (file research). In this study, researchers tried to examine and view the law with a complete picture. And to realize it, it must always be carried out in an interdisciplinary manner, where law is a symptom of two aspects, namely normative (das sollen) and empirical (das sein). Therefore, this research is not enough to only use library research, but rather a combination of library research with research surveys in the field. Thus the approach method used is normative juridical and sociological juridical, with descriptive-qualitative research specifications. In connection with this research is empirical legal research, the data sources used are the primary data sources and secondary data sources.

Mining and Social Capital: A Micro-analysis from Odisha, India

The Sustainable Livelihood Framework has identified social capital as one of the means upon which sustainable livelihoods are built. Hence an attempt was made in this study to determine whether mining improves the social capital of a local community in the primary mineral producing state of Odisha, India. A comparative approach utilizing various statistical techniques with mining and non-mining areas was used. It was found that mining is having a significantly adverse impact on the social capital of the mineral-rich region of Odisha in the preference for the nuclear family rather than the larger family size; social tensions due to massive unemployment, migration, or non-payment of compensation for land acquisition; a higher level of alcohol consumption; and, low workforce participation of women in mining villages than in non-mining villages. Even less involvement in associations and groups and weak social networks have been found among people in the mining region. Thus, mining activity in the region has deteriorated, instead of improving, the area's social capital. This depreciation raises the issue of mining as being a truly sustainable source of livelihood. This issue makes it necessary for the administrative machinery to design a strategy appropriate for augmentation of the social capital in India's mineral abundant regions.

Deposit of Compensation in Land Acquisition for the Construction of the Padang-Pekanbaru Toll Road in Public Interest

Deposit of compensation at the Court which is carried out in land acquisition for the public interest is one of the solutions to accelerate the development process. The disagreement of the parties regarding compensation has made the agency managing the project use a consignment mechanism to solve this compensation problem. Therefore, this research is focused on 3 (three) main problems. First, what is the process of assessing and determining compensation for land acquisition for the construction of the Padang-Pekanbaru toll road on Jalan Padang-Sicincin? Second, what is the process of filing an objection to the determination of the form and / or amount of compensation at the Pariaman District Court? Third, how is the implementation of deposit for compensation in land acquisition for the construction of the Padang-Pekanbaru toll road on the Padang-Sicincin road? This type of research is empirical juridical legal research and to answer the above problems, this study uses primary data and secondary data. Primary data is obtained through field research, while secondary data is obtained from tracing laws and regulations and decisions of Constitutional Court judges. The data analysis was conducted in a descriptive qualitative manner. The results showed that the process of appraising and determining compensation for land acquisition was carried out starting from the process of appointing the appraisal team, the assessment of compensation by the appraisal team, deliberation, and the process of determining the compensation. The appointment of an appraisal team is determined by the Chief Executive of Land Acquisition using the direct procurement method. The appraiser makes an appraisal using the Fair Replacement Value and refers to the SPI 306 Technical Guidelines. The results of the appraisal are used as the basis for deliberations to determine compensation. The fact is that the deliberations are carried out as it should be, but the price set by the Appraiser (Appraisal) is as if only a final price that must be agreed upon by the entitled Party, even though the price recommended by the Appraisal is a price that is the price for negotiating with the community land owner. The process for filing an objection to the determination of the form and / or amount of compensation at the Pariaman District Court is in accordance with the Supreme Court Regulation No.3 of 2016 and is a form of legal protection for land rights owners. The implementation of land’s deposit compensation at the Pariaman District Court is carried out in accordance with the Supreme Court Regulation Number 3 of 2016 and in the Compensation of the Damages awaits a court process that has permanent legal force so that the money can be given to the party entitled to receive it

The Meaning of Land Acquisition Compensation and its Utilization Strategy in Affected Communities in the Pejagan-Pemalang Toll Road Construction.

The process of negotiation and compensation in land acquisition is often accompanied by dramatic actions between the community and the management and the government. However, this phenomenon did not arise in the case of land acquisition that occurred in the construction of the Pejagan-Pemalang toll road. The purpose of this study is to uncover and thoroughly describe how people interpret the compensation payments for the land they receive and how they use the compensation for their lives. Qualitatively the research data was collected through interviews, observations, FGDs and documentation, aimed at several informants both the affected communities and the project management of the toll road. Henceforth the data will be analyzed interactively by paying attention to the validity of the data using triangulation. The results showed there was a shift in the meaning of compensation money in the Kalimati village community from "ganti rugi" changed to "ganti untung". Whereas the strategy in utilizing the compensation money is patterned accumulation, consolidation and survival based on rational, instrumental, affective and value-oriented actions.

Pemberian Ganti Kerugian Dalam Pengadaan Tanah Untuk Pembangunan Runway 3 Bandar Udara Internasional Soekarno-Hatta

The provision of compensation for land acquisition for the construction of runway 3 at Soekarno-Hatta International Airport found problems that made the implementation of the development not complete according to the determined target. The research objective is to determine the implementation of compensation, the problems that occur and the solutions in solving them. This research uses qualitative methods with a descriptive approach. Research results: problems in the provision of compensation, namely differences in community understanding regarding deliberations to determine compensation, objections to the amount of compensation, parties who have the right not known their whereabouts, payment of separate compensation for land and buildings that have been consigned and disputes over ownership of land acquisition objects. The settlement of the problem of giving compensation is carried out by referring to the land acquisition law, while matters that are not regulated and/or incomplete in the regulation are resolved by the policy of the land acquisition executor.

Do The Meek Inherit The Earth? A Study of Land Acquisition Litigation in Karnataka and Maharashtra

The social, political and economic consequences of the Land Acquisition Act, 1894 have been widely studied, but there has been comparatively less focus on the judicial burden imposed by this legislation. The wide interpretation of ‘public purpose’ and inadequate compensation flooded courts across India with litigation under this legislation. Apart from delaying the process of land acquisition, such litigation also added to the burden of the already burgeoning caseload of Indian courts. This paper examines the nature of land acquisition litigation in the states of Maharashtra and Karnataka under the Land Acquisition Act, 1894 and the time taken to dispose such cases. The paper analyses whether the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Rehabilitation Act, 2013 has tackled the root causes for such litigation.

INTERNATIONAL PRACTICE OF DETERMINING THE VALUE OF LAND AND THE AMOUNT OF COMPENSATION FOR EXPROPRIATION FOR STATE AND MUNICIPAL NEEDS

Considered the international practice of determining the value of land and the size of compensation for land acquisition for state and municipal needs, as well as methodological recommendations for calculating the amount of compensation.

Review on the Social Conflicts of Land Acquisition and Demolition and its causes in China: From the Perspectives of Stakeholders and Institutions

In China, with the accelerating process of urbanization, social conflicts usually occur during the process of land acquisition and demolition, which has brought about large negative social impacts. Faced with the needs of the practice, this paper conducts a comprehensive review to sort out the performances of conflicts, to explore the causes and to provide some suggestions from both the stakeholders and institutional perspective. The study contends that there are three main manifestations of social conflicts in land acquisition and demolition: (1) violent enforcement of demolition; (2) differences in compensation needs; and (3) problems of landless people’s disorderly struggle. At the same time, in order to solve these problems, the government should establish a sense of “service-oriented governance”, distinguish the relationship between public interests and personal interests, enrich the public feedback channels to enhance the public’s right to speak. For developers, the government should strengthen control and avoid corruption caused by the combination of officials and businessmen. Finally, the government should improve the compensation and supervision mechanism for land acquisition and demolition, fundamentally solving the chaotic state that no great laws to follow.

Pengaturan Ganti Kerugian Dalam Pengadaan Tanah Berdasarkan Undang-Undang No. 2 Tahun 2012

The objective of the research was to find out the regulation on compensation for land acquisition for publik interest, based of Law No. 2/2012. The juridicial sources were primary, secondary, and tertiary legal materials. The data were gathered by conducting documentary study. The research used juridical normative and prescriptive approach. The conclusion of the research was that Law No. 2/2012 regulated compensation for physical and non-physical loss even though the compensation for non-physical loss was too limited. Remaining property could not be classified or grouped into non-physical loss.

Implementation of Compensation for Land Acquisition in the Construction of 150kv SUTT Tower for Public Interest

Electricity development really needs land. The government of the share permit holder seeks to improve service to the community by building large-scale power plant centers and transmission or High Voltage Air Channel networks (abbreviated in Indonesian as 150 kV SUTT) as a medium to deliver electricity to load centers or to customers. This article describes how to carry out compensation for land acquisition in the construction of the 150 kV SUTT tower for public interest. This study uses juridical empirical method as well as statute and conceptual approaches. The results of the study indicated that the process of communication or discussion between interested parties is carried out to achieve understanding and agreement in determining the location of land acquisition activities in the construction for the public interest. After an agreement in the public consultation for location determination occurs, the assessment of compensation is carried out by an assessment team formed by the governor through the local National Land Agency. Furthermore, a new assessment is carried out through discussion to determine the value of compensation in fulfilling the rights of the community whose land is affected by land acquisition for the construction of a 150kV SUTT tower.

Land Acquisition in India: A Pareto and Kaldor-Hicks Perspective

Land acquisition by the government or a private entity to aid industrialization remains a critical policy concern. In 2013, The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act (LARR Act of 2013) became the premier land law in India. The Act creates a transparent process through which buyers can acquire land for industrialization and other commercial activities. However, the succeeding government was dissatisfied with some provisions in the original Act and floated two Amendment Bills in 2014 and 2015. In this article, we examine if the proposed removal of the “Consent” clause, a key provision in the original Act, is necessary. The removal would allow the government to impose eminent domain under certain conditions. We propose that removing the “Consent” clause is necessary for social welfare maximization and maintain that compensation based on marginal utility of income is the correct approach as it maximizes social welfare and helps maintain a balanced budget.

IMPLEMENTASI PENGADAAN TANAH UNTUK PEMBANGUNAN JALAN TOL MANADO-BITUNG DI KABUPATEN MINAHASA UTARA

This study aims to describe (1) implementation and (2) mechanism of land acquisition compensation for Manado-Bitung Toll Road development in North Minahasa Regency based on Law No. 2 Year 2012. The research was conducted on the object of Manado-Bitung Toll Road development of North Minahasa Regency. The study conducted from October 2017 to April 2018. The method used in this research is descriptive qualitative method. Determination of sample method used purposive sampling method. The research found that (1) in the process of land procurement implementation at the stages: (a) planning and (b) the preparation stage were not implemented properly. Initial data not available, multiple location revision fixes, and public consultations not implemented; (c) at the implementation stage by task force A and task force B are constrained by the absence of landowners, no land boundary markers, also at certain track terraces or point of the middle of the road there are coordinate differences, lack of building and plant appraisers, and land ownership issues; at stage (d) the delivery of the results has not yet been delivered as there are still areas ofland that have not been released yet. As for (2) The mechanism for appraisal of compensation is found in stage (a) Determination of Land Appraisal by the Chief of Land Acquisition Officer in the implementation of appraisal by appraissal person there is delay of nominative submission; at stage (b) deliberations that occur are only limited to the determination of the form of indemnity and not the determination of the value of the indemnity. Whereas the determination of compensation value based on deliberation can prevent the occurrence of disagreement which will potentially the occurrence of dispute to the court can even cause riot, third stage (c) there is a consignment for compensation in court due to the existence of parcels that have no agreement in terms of the amount of compensation and still there dispute over land ownership.

The Right to Fair Compensation under “The Right to Fair Compensation and Transparency in land Acquisition, Rehabilitation and Resettlement Act, 2013”

This paper is mainly focused on compensation and its protection under Indian Constitution, judicial approach and development of concept of compensation, relevant principles of compensation mean general rules whose application enables us to determine the market value. The problem of valuation and determination of present market value in relation to lands and buildings under laws relating to Land Acquisition. Cases decided by the the Supreme Court in Bela Banerjee v. State of West Bengal 2 and State of West Bengal v. Subodh Gopal Bose 3 is deeply analyzed to test the law providing for acquisition or extension of interest of private owners in properties. It is observed that the power of the sovereign to take private property for public use and the consequent rights of the owner to compensation are well established. In justification of the power, two maxims are often cited Salus Populi est Supreme lex (regard for the public welfare is the highest law) and Necessities Public a major est quam Privata (Public necessity is greater than private necessity). The Land Acquisition Act seems to be very special as much legislations are based on it; facilitating awaited industrialization, giving a solution to unemployment4, widening the divide between urban and rural5, threatening environment and propagating disguised unemployment6etc. The tops-turvy journey of Indian Supreme Court has been swaying in between the idea of ‘Social Justice’, ‘Distributive Justice’, land reforms and Zamindari abolition by compensatory acquisition of land. But in doing so the achievement of Indian Supreme Court has that one size fit all type of computation formula for calculation of compensation cannot be applied to each and every case. The Judiciary has discussed all pros and cons of various types of valuation method. However due to variety of properties and allied attachments, one type cannot be applied to each case uniformly.

The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - An Unattainable Utopia?

The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - An Unattainable Utopia?

Towards Global Uniformity and Sustainable Compensation Valuation for Compulsory Land Acquisition

Compulsory land purchase is a tool for the control of land uses as well as land acquisition for developmental projects by the public authorities (governments). The right of government to compulsorily acquire land for its physical project is domicile in relevant laws of different countries and the laws usually provide for compensation often in money terms to the land/property owners whose land were confiscated. This study focuses on the examination of the compensation process of some countries across the continent in a search for a global standard for uniformity. The paper adopted a content analysis of the provisions of compulsory land purchase laws of selected countries and literature review of some papers on compensation for compulsory land acquisition from different countries. It was found that there is no definition of adequate compensation in any of the public land acquisition law. Though, nomenclatures like Just, Fair, Equity and Equivalence appears in most statutes, the lack of globally acceptable definition of adequate compensation has resulted in the adoption of different basis for market value by valuers/appraisers for compensation. Some laws, like Nigeria Land Use Act of 1978, stipulate the methodology and identify what improvement qualifies for compensation. The study further revealed that Nigeria authorities always rely on government valuers’ estimate of compensation amount. The study recommend for a global standardised definition of adequate compensation and methodology for assessment of compensation similar to international financial reporting standard (IFRS) and international valuation standard (RICS Red Book) for other valuations. Such standard will be expected to be incorporated in the statutes on land purchase and compensation to create a global uniformity and sustainable valuation of compensation for land acquisition.