Implementation Of Land Acquisition Research Articles

Exploring land acquisition and restructuring policy in Addis Ababa

This study examines the political economy underlying the design and implementation of land acquisition and restructuring, a territorial policy aimed at reducing affluence disparity. It focuses on the city of Addis Ababa, Ethiopia, where major land invasions occurred between September 2015 and March 2022 in response to prolonged and acute inequality. Local authorities solicited and even coordinated the arriving land speculators. Moreover, land invasion has been empirically fueled not only by land concentration but also by increasing land prices. To better understand this relationship, a regression analysis was conducted on 154 incidents of land attained throughout the silk-lafto sub-cities of Addis Ababa. The study examined various indicators including the concentration of land ownership, market competition, land invaded per capita, literacy rate, land expropriated and reassigned per capita, and unemployment rate. The results show that Ethiopia's land leasing policy, driven by high speculative prices, intensified land inequality and influenced land invasions throughout the city. This has led to a surge in land prices and worsened the problem of land inequality. The findings provide evidence of political struggles regarding the issue of land ownership inequality and show that socio-political pressures exist in both the planning and implementation phases of land-based policies.

Is Obliterated Land Still Land? Tenure Security and Climate Change in Indonesia

Both human activities and climate change have changed landscapes significantly, especially in coastal areas. Sea level rise and land subsidence foster tidal floods and permanent inundations, thus changing and limiting land use. Though many countries, including Indonesia, are aware of these phenomena, the legal status of this permanently inundated land remains unclear. Indonesia refers to this land legally as obliterated land. This qualification makes former landowners uncertain, as it does not recognize their previous land rights, and creates disputes during land acquisition. In view of policy pressures to develop large-scale projects, the government often fails to include obliterated land legally during land acquisition processes for these projects. This causes unfair and disputed compensation for those former landowners. Current scientific discourses do not yet address this legal quandary. This study therefore has the following three aims: (1) to describe the legal, institutional and procedural contradictions related to obliterated land; (2) to assess the validity of right of the owners whose land parcels are permanently inundated; and (3) to formulate a responsible and tenure responsive policy to deal with obliterated land. We investigate these questions for the construction of a toll road and sea embankment in Kecamatan Sayung, Kabupaten Demak involving obliterated land. We reviewed policies, regulations and documentations related to coastal land and disaster management, and the implementation of land acquisition. We used geospatial data to visualize the ways in which and locations where landscapes, land parcels and land right changed. We determined that legal uncertainty leads to policy inconsistencies in handling obliterated land, specifically during land acquisition. Additionally, former landowners suffer from the legal gaps to establish clarity of land tenure, which prevents them from receiving any compensation. We suggest a law revision that considers the social–historical aspects of land tenure when defining obliterated land. The law should also provide for a fairer and more just compensation for former landowners during land acquisition processes.

Kekuatan Pembuktian Sertipikat Hak Atas Tanah Sebagai Bukti Kepemilikan Objek Pengadaan Tanah Bagi Pembangunan Untuk Kepentingan Umum

Inconsistency between Article 41 paragraph (3) of Law Number 2 of 2012 concerning Land Procurement for Development in the Public Interest and Article 19 paragraph (2) letter c of Law Number 5 of 1960 concerning Basic Regulations on Agrarian Principles in conjunction with Article 32 of Regulation Government Number 24 of 1997 concerning Land Registration. Article 19 paragraph (2) letter c of the UUPA in conjunction with Article 32 of PP Number 24 of 1997 which states that the certificate is valid as a strong evidence. Meanwhile, Article 41 paragraph (3) of Law Number 2 of 2012 explains that the certificate is valid as a means of absolute proof and cannot be contested in the future. The sentence “inviolability in the future raises the perception that Article 41 will give birth to injustice for third parties if he is the rightful owner of the plot of land that is used as the object of land acquisition. This study aims to determine the suitability of the law on land acquisition for development in the public interest with the land registration system in Indonesia and the legal consequences if there are parties who object to proof of ownership of land acquisition objects for development in the public interest. The method used in this research is normative juridical using a statutory approach and a conceptual approach. The method of collecting legal materials is through literature study with deductive analysis. From the results of the study, it can be concluded that the law on land acquisition for development in the public interest is not in accordance with the land registration system in Indonesia which causes if there are parties who object to the certificate as proof of ownership of the object of land acquisition, then that party will lose their land rights along with compensation. losses on the implementation of land acquisition if the objecting party can provide other evidence that can weaken the strength of proof of the certificate.

Penyelesaian Sengketa Pengadaan Tanah Pada Pembangunan New Yogyakarta International Airport Berdasarkan Undang-Undang tentang Pengadaan Tanah Bagi Pembangunan Untuk Kepentingan Umum

Resolving land acquisition disputes for the public interest, it is fitting for the state to pay attention to values outside of the rule of law itself, including the value of social justice and the value of benefits to guarantee the basic rights of affected communities. This study aims to find out provisions for land acquisition for development in the public interest and implementation of Law Number 2 of 2012 concerning Land Procurement in the construction of New Yogyakarta International Airport. The process of land acquisition for development in the public interest is carried out in the stages of planning, preparation, implementation, and submission of results. The implementation of land acquisition is intended as an instrument for infrastructure development programs for community welfare as mandated by Law Number 2 of 2012 concerning Land Procurement for Development in the Public Interest.

Analisis Permasalahan Pengadaan Aset Tetap Tanah Sekolah Luar Biasa di Dinas Pendidikan Provinsi Jawa Barat

This research aims to find out how the school land fixed asset procurement system is currently running by the West Java Provincial Education Office for SLB Centra 2 PK PLK Cimahi City and the problems in it, as well as analyze recommendations for the land fixed asset procurement system so that land fixed assets procurement is immediately carried out. This research method is descriptive qualitative research.. Data collection techniques in this research used triangulation techniques by combining interviews, observations, and document studies. The data analysis technique in this research used the Root Cause Analysis method. The results of this research indicate that this land acquisition system is guided by Government Regulation No. 19 of 2021 concerning the Implementation of Land Procurement for Public Interest. However, the method and process, leadership, and external factors caused delays in the implementation of land acquisition. The recommendation for this problem is that the Principal of SLB Centra 2 PK PLK Cimahi City immediately resubmits the land acquisition proposal to the Regional VII Education Office Branch Office, re-budgets land acquisition in its entirety or in stages, or conducts procurement not by buying such as asset utilization unused local government agencies and transfer ownership of local private schools to public schools, and utilize electronic procurement services in the acquisition of school land.

Perlindungan Hukum Terhadap Kepemilikan Hak Atas Tanah Dalam Sistem Pertanahan di Indonesia Berdasarkan Perpres Nomor 36 Tahun 2005 Dan Perpres Nomor 65 Tahun 2006 Terhadap Pemilik Hak Atas Tanah Dalam Pengadaan Tanah Bagi Kepentingan Jalan Tol

The implementation of land acquisition, both related to land acquisition for development purposes for toll roads, as well as land acquisition for private interests, always causes problems, especially in terms of compensation, due to the unpreparedness of the apparatus. The research method used in this research is normative juridical using the approach of legal history, sociology of law, legal politics, and philosophy of law. The data used is secondary data in the form of primary legal materials, secondary legal materials, and tertiary legal materials. Qualitative data analysis in this study is a description of positive law and systematization of positive law. The results of this study are that, the implementation of forms of compensation according to the Presidential Regulation of the Republic of Indonesia Number 99 of 2014 concerning the Implementation of Land Procurement for Development in the Public Interest, in Article 1 number 2 that compensation is appropriate and fair to the parties entitled to the land acquisition process. Compensation value is carried out per plot of land, including: land, aboveground and underground space, buildings, plants, objects related to land, and other losses that can be assessed in the form of: money, replacement land, resettlement, share ownership and other forms agreed by both parties. The mechanism for the amount of compensation, the entitled party can file an objection to the local District Court within a maximum of 14 working days after signing the minutes of the results of the deliberation

Kekuatan Pembuktian Sertifikat Hak Atas Tanah Sebagai Bukti Kepemilikan Objek Pengadaan Tanah Bagi Pembangunan Untuk Kepentingan Umum

ABSTRACT: Inconsistency between Article 41 paragraph (3) of Law Number 2 of 2012 concerning Land Procurement for Development in the Public Interest and Article 19 paragraph (2) letter c of Law Number 5 of 1960 concerning Basic Regulations on Agrarian Principles in conjunction with Article 32 of Regulation Government Number 24 of 1997 concerning Land Registration. Article 19 paragraph (2) letter c of the UUPA in conjunction with Article 32 of PP Number 24 of 1997 which states that the certificate is valid as a strong evidence. Meanwhile, Article 41 paragraph (3) of Law Number 2 of 2012 explains that the certificate is valid as a means of absolute proof and cannot be contested in the future. The sentence “inviolability in the future raises the perception that Article 41 will give birth to injustice for third parties if he is the rightful owner of the plot of land that is used as the object of land acquisition. This study aims to determine the suitability of the law on land acquisition for development in the public interest with the land registration system in Indonesia and the legal consequences if there are parties who object to proof of ownership of land acquisition objects for development in the public interest. The method used in this research is normative juridical using a statutory approach and a conceptual approach. The method of collecting legal materials is through literature study with deductive analysis. From the results of the study, it can be concluded that the law on land acquisition for development in the public interest is not in accordance with the land registration system in Indonesia which causes if there are parties who object to the certificate as proof of ownership of the object of land acquisition, then that party will lose their land rights along with compensation. losses on the implementation of land acquisition if the objecting party can provide other evidence that can weaken the strength of proof of the certificate.
 KEYWORDS: certificate, land registration, land acquisition

Evaluasi Pengadaan Tanah Skala Kecil dengan dan tanpa Penetapan Lokasi di Kabupaten Sleman

Land availability is the great significant part in infrastructure development. To support the land availability, the government pursues a program called land acquisition. Land acquisition is regulated in Law Number 2 of 2012 and Government Regulation Number 71 of 2012. Based on Government Regulation Number 40 of 2014, land acquisition is divided into two, including large scale with an area of more than 5 hectares and small scale based with an area of less than 5 hectares. Small-scale land acquisition is further regulated in Presidential Regulation Number 148 of 2015 Article 121 paragraph (3) which does not require a determination of location. The purpose of this study was to determine the implementation process as well as the advantages and disadvantages of small-scale land acquisition with and without location determination in Sleman Regency. This research used a qualitative method with a descriptive approach. The results of this research showed that the implementation of land acquisition with determination of location has advantages (4) and weaknesses (6) while land acquisition without determination of location has advantages (6) and disadvantages (4).

Practical Dilemma and Path Innovation of Social Governance: A Case Study of Land Expropriation in China

In the “Internet+” era, conflicts of land requisition frequently occur. Existing research emphasizes the lack of systems but rarely considers the problems in the implementation of the system. Based on “Internet+”, this article adopts a case analysis method to discuss the governance of land requisition conflicts. This study analyzes the contradictions in the implementation of land acquisition, benefit distribution, procedures and information feedback. The dilemma of social governance stems from the “autonomous space”, “three-dimensional competition” and “independent space” of local governments. The innovation path of social governance needs to emphasize the supervision and regulation in the implementation of the system, the optimization of the system and the setting of the system and the flexible setting of the local field.

KONSEP KEPENTINGAN UMUM DALAM PENGADAAN TANAH DIHUBUNGKAN DENGAN KEPASTIAN HUKUM

The debate arises regarding the meaning of the concept of public interest. The concept of public interest changes, not the same/different so it is not clear, not firm and not standard, both in regulations, in the opinion of experts, in court decisions, and the implementation of land acquisition. As a result of the concept of public interest is interpreted differently, namely interpreted in the interests of the private, business (commercial) and financiers to seek maximum profits. The research approach used is juridical normative, with the nature of descriptive-analytical research. The research source uses secondary data consisting of primary, secondary, and tertiary legal materials. The results of the first research are the concept of public interest in land acquisition, that the concept of public interest is regulated in several laws and regulations, in the opinion of experts, court decisions, and implementation of non-standard land acquisition. The concept of public interest in Article 1 Number (6) of Law No. 2 of 2012 is not clear. For this reason, the concept of public interest is made standard so that it is not interpreted differently, that is, interpreted for business purposes in the context of seeking profit. If interpreted for business purposes, it is not useful for everyone, including the community and the state. The results of the research of the two concepts of public interest in the land acquisition are related to legal certainty, that the concept of public interest is regulated in several laws and regulations, in the opinion of experts, court decisions, and the implementation of non-standard land acquisition, then there is no legal certainty. The concept of public interest in Article 1 Number (6) of Law No. 2 of 2012 is unclear which ultimately does not provide legal certainty. The meaning of legal certainty is order, what is allowed, and what is not allowed. To guarantee legal certainty, the concept of public interest in the article is added to the element of public interest that is not for business purposes, so that the article is in the interest of the nation, state, and society as much as possible for the prosperity of the people and not for business. Keywords : Public Interest, Land Acquisition, Benefit Principle.

ANALISIS PELAKSANAAN PENGADAAN TANAH UNTUK KEPENTINGAN UMUM DI KABUPATEN KONAWE KEPULAUAN

The purpose of this study is to find out and study the analysis of the implementation of land acquisition for public use in Konawe Kepulauan Regency. The method in this research is descriptive qualitative with a case study approach. Research locus in Langara City, with research informants namely parties involved in land acquisition. Data collection is done by in-depth interview techniques, observations, and document studies, while data analysis techniques are done qualitatively and quantitatively. The results of the study show that: analysis of the implementation of land acquisition for the construction of public facilities in Konawe Kepulauan Regency uses eight stages of procedures, where at each stage the authority of the regional government working together National Land Agency is quite dominant in policy making, such as location determination, socialization, land measurement, land survey, announcements the results of land survey and compensation. Whereas the community or landowner is the party that has suffered a lot from land acquisition policies, due to inadequate types of compensation, low compensation, and delays in fulfilling the rights of landowners. Other findings also indicate the occurrence of a conflict of interest between the land owner and the land acquisition (local government) related to the status and claim on the land so that it impacts on the legality of the land, whether including land owned or state land

Land Acquisition for Public Interests: A Review from the Human Rights Context

Land acquisition for public purposes is an activity intended for the public interest that uses community land. To be able to carry out development in the public interest, the government uses state land. If state land is not sufficient or cannot maximize development, the government can use land from individuals or groups by carrying out the land acquisition. In implementing land acquisition, the land acquisition team must pay attention to the rights of the people affected by land acquisition. Irregularities that often occur in the implementation of land acquisition are related to discrimination, intimidation, and violence. These rights are included in human rights, which must be upheld and protected because this is closely related to property rights. Human rights give an understanding that the right to own something is the right of every citizen, including the right to own land is one of the human rights inherent in each person per person in groups. While property rights must not be taken arbitrarily and against the law, such matters are regulated in Article 28H of the 1945 Constitution. This paper concludes that the construction activities of the New Yogyakarta International Airport (NYIA) carried out violated human rights; this is because the land acquisition team has committed violence, discrimination, and violence against the people affected by land acquisition. The form of legal protection provided by the government is proper compensation.

Procurement of Land for the Development of Pekanbaru-Kandis-Dumai Toll Road on the Land of Oil and Gulta Business Concession in Riau Province

National development is an effort to improve all aspects of the life of the people, nation and state. Land Procurement for public interest is an activity of providing land for public / public interests for the implementation of development projects carried out by the government or agencies that require land. Riau Province is one of the provinces in Sumatra which is very strategic. The movement of goods and services greatly affects the amount of traffic in the province, especially in the cities of Pekanbaru and Dumai. To overcome and accelerate the movement of goods and services, access is needed to anticipate traffic burdens. One alternative solution is to build the Pekanbaru-Kandis-Dumai Toll Road that connects the movement from Pekanbaru to Dumai. There are problems in the implementation of land acquisition, Commitment Making Officers and the Land Acquisition Committee encounter obstacles in providing compensation because the land / land owned is the land / concession area of PT. Chevron Pacific Indonesia is listed as an asset of the State Property, so the releasing party is the Directorate General of State Assets. The State Property and has been submitted to the Ministry of Finance the Director General of State Assets to be transferred for use of the toll road by the Ministry of Public Works and Public Housing.The method used is analytical descriptive, which reveals laws and regulations relating to Land Acquisition and law in its implementation in the community regarding the resolution of the Land Acquisition problem. This research uses an empirical juridical approach that is conducting research with emphasis on the application of paying land acquisition law in the form of laws, PPs, Permen, Perkaban and other regulations on Land Procurement. Data collected in the form of primary data, obtained from relevant parties in the Land Acquisition in the research location, secondary data obtained from secondary legal materials, primary legal materials and linear legal materials.From the research it was found that the concessionaire PT. Caltex Pacific Indonesia (PT.CPI) based on Decree of the Head of the Riau Level I Swatantra Region in Tanjung Pinang dated June 5, 1959 Number: 091/48/59. The status of land such as the concession must be converted by the concession holder into a Land Right in accordance with the conversion provisions regulated in the Basic Agrarian Law Number 5 of 1960 concerning Basic Agrarian Rules Article IV. But based on DJKN letter No. S-884 / KN.4 / 2017 dated November 7, 2017 concerning the Statement of State Property, the land has been registered as State Property.

Restitution of Non-Physical Impact in Land Acquisition for Development in Public Interest

The research aims to determine the arrangements of restitution for non-physical losses in the implementation of land acquisition for development in the public interest. The research is a normative-legal research with using statute and case approaches. The research was conducted in North Sulawesi Province, Indonesia. The results show that the arrangement of restitution for non-physical impacts in Land Acquisition Act is still very limited. It is caused by the lack of clarity regarding the authority to determine the loss of non-physical impacts, the mechanism for determining the loss, and the absence of a regulation regarding the criteria and indicators of non-physical losses that can be valued. The limited arrangement of compensation for non-physical impacts in these laws causes the implementation of land acquisition related to non-physical losses does not show justice and protection of human rights. Non-physical losses in land acquisition need to be regulated clearly and firmly in terms of authority, mechanism and categories and indicators so that they can become a reference for implementing land acquisition, those who need land and land appraisers to provide legal certainty for them in taking decisions that will not cause any legal issues and harm the country. Keywords: Acquisition; Land; Restitution; Public Interest DOI : 10.7176/EJBM/11-27-18 Publication date :September 30 th 2019

The Right Concept of Countries in the Implementation of Land Procurement for Toll Road Development

Since the start of rapid economic development in the new order era until now, the need for land has also increased. Land becomes an object of high economic value and is needed to support the smooth development of the country. One of the issues of concern in the land sector is the issue of land acquisition for toll road construction. The problems faced by the government in the implementation of land acquisition for toll road construction include the problem of providing land for the construction of the toll road itself, because state land which is directly controlled by the state is limited or can be said to be almost nothing anymore. The problem needs to be analyzed is how the concept of the right to control the state in the acquisition of land for toll road construction. The right of the state to control essentially authorizes the state to: regulate and administer the designation, use, supply and maintenance of earth, water, space and natural resources which contained therein is regulated in article 2 of Basic Regulations on Agrarian Principles Number 5 of 1960 and one of the manifestations of such authority is the establishment of Act No. 2 of 2012 concerning Land Procurement for development in the public interest. Philosophically, the concept of state control rights regulated in article 33 of the 1945 Constitution of the Republic of Indonesia is in line with the purpose of land acquisition for toll road construction, which is used for the greatest prosperity of the people. provide equitable access to the people, including customary law communities (MHA) in the implementation of land acquisition, especially in the provision of compensation for land taken for toll road construction. Keywords : State's right to control, land acquisition DOI : 10.7176/JLPG/89-02 Publication date :September 30 th 2019

Development-Induced Displacement and Policy Measures: A Case Study of Lower Suktel Irrigation Project of Balangir in Odisha

The study has attempted to examine the status of the displaced families of Lower Suktel Irrigation Project (LSIP), Balangir, in the Odisha State. The field survey was carried out to find out the implementation of Land Acquisition, Rehabilitation and Resettlement policy measures and their impact on the social-economic life of the displaced persons in LSIP and to scrutinise the issues which the displaced families are confronting due to the projects. The direct interview and focus group discussion was the method of primary data collection from 100 respondents in affected villages of the project. It was found that70 percent of respondents are dissatisfactory due to loss of sustainability livelihood, loss of forest, land and water, 70 percent respondent spent their compensation money in chit fund due to lack of awareness to investment in proper ways; they are depriving the facilities of all governmental programmes in their village for 14 years because they have received compensation amount. In addition to that, no civil society and government agency is working for awareness of their right and policy information with related to rehabilitation and resettlement measure. The results revealed that from the year of 2000 to 2018, the displaced families of the project have received the compensation and rehabilitation package without full-fledged process and having no alternative future subsistence, they are living as a crisis life without displacement.

Musyawarah Dalam Penentuan Ganti Kerugian Bagi Pelaksanaan Pembangunan Untuk Kepentingan Umum

Land acquisition is an activity to provide land for development in the public interest. The implementation of land acquisition is carried out based on Law Number 2 of 2012 concerning the Procurement of Land for Development in the Public Interest and related provisions governing it. This law was made to improve the welfare and prosperity of the nation, the State and society still guarantee the legal interests of the Entitled Party. The regulation of land acquisition in the law is correct but in terms of substance, this strategic and broad-impact law leaves a few records. So this Law which was passed on January 14, 2012 also cannot guarantee the acquisition of land for development. According to the conception of national land law, in principle land acquisition / land acquisition is carried out by means of deliberations between government agencies that require land with entitled parties, in terms of determining the location, form and / or amount of compensation. But there are times when deliberation is not reached or fails. DOI: https://doi.org/10.26905/idjch.v9i2.2770

KONSTRUKSI HAK MENGUASAI NEGARA DALAM TATA LAKSANA PENGADAAN TANAH BAGI KEPENTINGAN UMUM DI KABUPATEN SEMARANG

In the implementation of land acquisition for public purposes (project Semarang-Solo toll road) there has been a priority of the State's Rights. implementation of the State's rights to land are not always parallel with the ideals of prosperity, welfare and even justice. The phenomenon of the right to control the state, namely the practice of takeover of the land belongs to the people in the name of public interest and or preferential right to control the country and even a common trigger factor land conflict. In the development of the law is not only focused on textuality laws alone but must also pay attention to the interests of the community that continues to grow, especially related to land issues. This study uses socio-legal research approach, meaning that not only reviewing an issue of legislation but also the reality that occurs in the community related to the problems discussed. the results obtained to mention that the process of land acquisition for the construction of the Semarang-Solo toll road in accordance with procedures applicable law, namely to put the negotiation process (consensus), especially about the amount of compensation awarded. However, a strong indication of consensus is not performed substantially, only meets the provisions of the Act alone.