Land Acquisition For Development Research Articles

IMPLEMENTATION OF LAND ACQUISITION FOR PUBLIC INTEREST INFRASTRUCTURE DEVELOPMENT IN NORTH LUWU REGENCY REVIEWED FROM THE ASPECT OF JUSTICE

This study aims to explore the implementation of land acquisition processes for development in the public interest in North Luwu District and assess whether they have met the principles of justice. Using a descriptive qualitative approach as the research methodology, data collection was conducted through interviews and literature studies. Based on the discussion and analysis of literature studies and interview results, it can be explained that the land acquisition process involves planning stages, community socialization, land inventory and identification, land valuation, community consultations, and compensation provision. The importance of humanitarian and fairness aspects in land acquisition necessitates the provision of fair and reasonable compensation, taking in to account property value, financial losses, social losses, and non-material losses experienced by affected communities. Involving landowners and communities in the process of valuation and compensation negotiation is key to ensuring justice in the land acquisition process. The conclusion of this study is that land acquisition for development in the public interest in North Luwu District has been conducted effectively and can be considered to have fulfilled the principles of justice.

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.

Land Acquisition for Development in the Public Interest: A Justice and Human Rights Perspective (Land Acquisition Study for Bali Cultural Center Development in Klungkung Regency, Bali)

Land Acquisition for Development in the Public Interest: A Justice and Human Rights Perspective (Land Acquisition Study for Bali Cultural Center Development in Klungkung Regency, Bali)

Analisis Hukum Problematika Jaringan Sutet Sebagai Proyek Strategis Nasional (PSN) Serta Solusi Dari Perspektif Hukum Pancasila

Abstract. Residents of the Talaga Bestari housing complex, Cikupa, Tangerang, agreed to reject the construction of the 500 KV SUTET (Extra High Voltage Airline) line that runs through their residential area because it violates regulations, endangers the community, and has never been included in the Tangerang Spatial Development Plan. The development of the Sutet network by a national strategic project is a form of land acquisition, this is contained in Article 1 point 2 of Law no. 2 of 2012 concerning Land Acquisition for Development in the Public Interest which states that land acquisition is an activity of providing land by providing proper and fair compensation to the entitled party. This study uses a research method that is carried out is a type of normative legal research (doctrinal research), namely. library law research. With the aim of providing solutions to development conflicts with development solutions using the Pancasila perspective.

Validity Of Assessment Policy On Land Acquisition For Development In The Public Interest

The acquisition of land for development for the public interest is a manifestation of the social function of land rights which is seen as the first step in the implementation of development to improve community welfare. Problems in the process of acquiring land for development for public interest often occur due to inappropriate forms and amounts of compensation applied. This study aims to analyze the validity of assessment policies on land acquisition for development in the public interest. This research is normative, and prescriptive, with a legislative and conceptual approach. The results of the study found that land acquisition for the implementation of development the or public interest is carried out by releasing or surrendering land rights, while still providing protection and implementing the principle of respect for parties affected by land acquisition. The determination of the amount of compensation is carried out by the Public Appraiser as a professional Independent Appraiser who has received a license from the Minister. The assessment is carried out by the Assessor based on the Indonesian Assessment Standard 204. The indicator that forms the basis for the validity of the assessment policy on land acquisition for development in the public interest is appropriate compensation to replace with appropriate land in terms of value, benefits, and ability of replacement land, providing plus value, and the community gets the opportunity to live a better life.

Legal Interpretation of Regulation Law No. 2 of 2012 Concerning Land Acquisition for Development in The Public Interest

Law No. 2 of 2012 concerning Land Acquisition for Development in the Public Interest (Land Acquisition Law) has been a guideline for the government in conducting land acquisition for more or less 10 years. In the Land Acquisition Law, land allotment for development in the public interest does not include mining as a part of development in the public interest This research aims to analyze and understand the Legal Interpretation of Regulation Law No. 2 of 2012 Concerning Land Acquisition for Development in The Public Interest. The method of this research is library research as a research in literature or an activity to compile information relevant to topic or object of research and received from books, scientific paper, thesis, dissertation, encyclopedia, internet and other resources. The research shows the result is To ensure the availability of land for public interest by taking into account the balance between the interests of development and the interests of the community.

Development of Waqf Objects through Public Private Partnership (PPP) as a Means of Infrastructure Development for the Public Interest

Waqf as an amaliyah service should be an instrument to improve the welfare of the wider community. Various waqf cases in the Religious Courts can be a reflection for the future so that the objects that have been pledged can be fit for their intended purpose. With a public private partnership (PPP) scheme, existing waqf objects will be more optimally developed. To follow up on efforts to develop waqf objects, research was carried out using a type of normative legal research that relies on related principles and norms. The legal materials used are primary legal materials in the form of decisions and statutory regulations related to waqf and PPP. Meanwhile, the secondary legal materials used are journals and books on waqf law, PPP, and land acquisition for development in the public interest. The results of the research found that so far efforts to develop waqf objects are still very minimal, on the other hand, there are also government provisions through Law 2/2012 PTBPUKU which require citizens to surrender their land rights if they are affected by construction for the public interest. This provision is in line with Law 41/2004 concerning Waqf which requires that waqf objects can be used for public purposes as long as they obtain permission from the Minister through the waqf body. Apart from that, in the context of development for the public interest and development of waqf objects, the government often uses the PPP model to financially optimize waqf objects. The most ideal scheme to use in increasing waqf objects can be carried out in the form of PPP in the form of BOT, BOOT or ROOT. Its use and designation are adjusted to the permits and designation of the waqf pledge as stated in statutory regulations and sharia principles.

The Mechanism of Establishing Compensation in Land Procurement of the Construction of the Kulon Progo Yogyakarta Solo Toll Road in Klaten District

This journal examines how compensation is determined for land acquisition for toll road construction in Klaten Regency. Instead, the amount of compensation must be decided through deliberations between the land acquisition committee and the party entitled to it. Because they are considered not to care about justice, there are still many people who do not agree with the amount of compensation given. Based on Law Number 2 of 2012 concerning Land Acquisition for Development in the Public Interest and the Indonesian Appraisal Standard, the price of land for public use is determined by the appraisal team by taking into account physical and non-physical values. This study uses empirical research methods with a focus on descriptive research. Research finding is that there are still many people who do not agree with the amount of compensation given and provide justification to the local District Court, resulting in delays in payment of compensation.

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.

Tinjauan Yuridis terhadap Proses Pemberian Ganti Kerugian Pengadaan Tanah bagi Pembangunan untuk Kepentingan Umum dalam Pembangunan Pelabuhan Terminal Multipurpose Kualatanjung di Kabupaten Batubara

The aim of the study was to analyze the application of Law Number 2 of 2012 in the public interest to the process of granting compensation for land in land acquisition for development in the public interest in the construction of the Kualatanjung Multipurpose Terminal Port in Batubara Regency and the constraints encountered. The research method used is normative legal research, with data collection instruments namely interviews and documentation as well as data analysis using descriptive analysis. Based on research, the application of Law Number 2 of 2012 to the process of granting compensation for land in land acquisition in the construction of the Kualatanjung Multipurpose Terminal Port in the Regency is carried out through: a. Planning, b. Preparation, c. implementation, d. submission of results. The obstacles encountered during the compensation process for the land acquisition process for the construction of the Kualatanjung Multipurpose Terminal Port in Batubara Regency, namely: a. Lack of awareness and understanding of the community about the meaning of development for the public interest, b. rejection of the amount of compensation, c. there are people who do not have land rights, d. many people did not attend the process of measuring land plots, e. there are disputes over land objects controlled by landowners with other parties that have not been resolved.

Pergulatan Mazhab Hukum dalam Pengadaan Tanah Milik Masyarakat Adat untuk Kepentingan Umum

In the discourse on land acquisition for development in the public interest, problems often arise regarding the amount of compensation to land rights holders. The problem becomes even more widespread when the land acquired intersects with and originates from customary land. This article aims to provide an elaboration of thoughts from a philosophical perspective on law and justice, especially on positive legal formalism in the implementation of land acquisition belonging to customary law communities in Indonesia. The research used in this article is normative legal research using a legislative approach, a conceptual approach and a case approach. The legal materials used are primary legal materials and secondary materials which are connected with schools of legal philosophy, such as the Natural Law School, Legal Positivism, and the Historical School. The research results show that the sharp gap between the legal positivism school and the historical legal school lies in the sources and forms of law. If legal positivism prioritizes formal forms and the authoritative institutions that create them, then the historical legal school states that laws are not made but are found in society. Sociological Jurisprudence describes a "middle way" to bridge the flow of historical law in traditional law communities whose existence is respected in the formation of law to provide just legal certainty. In the context of Indonesia, which has a civil law tradition, we can consider the formation of legislation as an important component for the social engineering process. Therefore, laws and regulations related to land acquisition should involve indigenous communities in the formation process because most of Indonesia's territory is still customary territory/land in the form of fields, forests, and so on.

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.

Dispute Settlement Model of Land Acquisition for Public Interest

<p><em>This study aims to analyze</em><em> </em><em>obstacles in resolving conflicts over land acquisition for public interest in Pohuwato Regency</em><em>, as well asformulate</em><em>the ideal model for resolving conflicts over land acquisition for the public interest in Pohuwato Regency</em><em>. This type of research uses empirical research, by using a statutory approach, a conceptual approach, and a case approach. Sources of data used are primary data and secondary data. The data that has been completed is analyzed using qualitative descriptive. Based on the research results that have been described, there are several findings in this study, namely (1)</em><em>There are </em><em>obstacles in resolving conflicts over land acquisition for public interest in Pohuwato Regency. The first obstacle is related to legal factors where in terms of legal substance, there is a regulation on the use of consignments as a safe</em><em>-</em><em>keeping of compensation</em><em> </em><em>private law provisions which shift to public law provisions. And the second obstacle is the determination of compensation, which should be based on an agreement with the land owners, turned out to be unilaterally determined by the Land Procurement Committee. estimate the amount of compensation for the holders of land rights.</em><em>(2) </em><em>T</em><em>he ideal model for resolving conflicts over land acquisition for the public interest in Pohuwato Regency, namely the non-adjudication settlement model, namely through deliberation where all parties involved carry out</em><em>activities that involve listening to each other, giving and receiving mutual opinions, as well as a desire to reach an agreement on the form and amount of compensation and other issues related to land acquisition activities on a voluntary basis. As well as a settlement model by adjudication or through a court route, where the Court has the authority to decide the amount and form of loss given to the holder of land rights whose rights are affected by land acquisition for development in the public interest.</em></p>

EKSISTENSI HAK ATAS TANAH DAN PENGADAAN TANAH UNTUK KEPENTINGAN UMUM

The state of Indonesia is a legal state; this provision is guaranteed in the 1945 Constitution of the Republic of Indonesia (1945 Constitution of the Republic of Indonesia). The legal state of Indonesia is based on the concept of a welfare state, which aims for the greatest prosperity of the people. One of the most important natural resources for ensuring prosperity in the Indonesian legal state in the current era of globalization is land. The urgency of land for human life was appreciated by the government of the Republic of Indonesia through the national land policy with the issuance of Law Number 5 of 1960 concerning Agrarian Principles. Land acquisition is a government activity that involves acquiring land for various developments, especially those of public interest. Land acquisition for public purposes refers to Article 6 of the UUPA, which states that all land rights have a social function. The development of the public interest is regulated in Law No. 12/2012 concerning Land Acquisition for Development in the Public Interest. The implementing regulations have regulated the mechanism of land acquisition by the government for public development as well as the rights and legal remedies available to land owners.

Land Procurement for Public Utility Development in Mimika District, Papua Based on Law Number 2 of 2012 Regarding Land Procurement for Public Interest in The Autonomy Era


 
 
 
 The development of Papua must also be considered in developing Indonesia because it is a unity in the Bhineka Tunggal Ika series. So equality and justice in striving for the welfare of the people are also important for the people of Indonesia. Pancasila is the foundation of the Indonesian nation, which explains the five principles that have strong power in developing Indonesia towards a “Gotong Royong” society. The fifth precept of justice for all Indonesian people wants to show that this idea is Soekarno's idea of how the people enjoy the justice and welfare that is felt for the community both in the formal and non-formal fields which also leads to " cooperation". Then implement it in the Jokowi era which is to build and develop marginalized areas, from Sabang to Marouke, especially in marginalized and neglected areas. Land acquisition for development is the most complicated, namely if an agreement is not reached between the landowner and the constructing party, while the construction must be carried out. One solution that the government can choose is to complete development in a way that is acceptable to society. If all means cannot be implemented and development is urgently needed and the land cannot be moved, its location can be revoked as a final way, which must be regulated in law. Another most complicated problem is that in line with population growth and increasing dynamics of community aspirations, demands for development in the public interest are increasingly becoming. However, activities to meet these demands are faced with the increasingly limited availability of land and an underdeveloped land market. This has led to an uncontrolled increase in land prices, especially in urban areas. This condition also encourages land speculators to seek profit (rent-seeking) on every land transaction. The actions of land speculators often disrupt the smooth allocation of development requiring land, making it difficult to acquire land, especially for the development of public interests and creating a high-cost economy.
 
 
 

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

Implications of the Law of Land Acquisition for Development in the Public Interest on Land Acquisition Conflict Resolution

This study aims to evaluate and analyze legal certainty in resolving conflicts over land acquisition for development in the public interest in the context before and after the enactment of Law No. 2 of 2012. The research uses a normative legal research method with a statute approach. The method of analysis in this study is to use qualitative analysis. The study results indicate that legal certainty in resolving conflicts over land acquisition for development in the public interest in the context before and after the enactment of Law No. 2 of 2012, obviously very different. However, from the two cases, land acquisition and compensation for land rights for development in the public interest have not been processed and run effectively. Based on this conclusion, it is recommended that laws and regulations on land acquisition for development in the public interest be more clarified, particularly regarding deliberation activities and the form/amount of compensation value. In addition, all stakeholders involved in negotiating the agreement must attach importance to the principle of deliberation and consensus regarding land acquisition for development in the public interest.

Changes Land Use in Land Consolidation Area in Seminyak, Kuta

Land Consolidation (LC), is the government's solution in land acquisition for development. In addition, LC aims to improve the quality of the environment by rearranging plots of land to be more organized and equipped with environmental infrastructure, as well as land tenure in accordance with land use plans. The location of the land consolidation area in Seminyak Village which is close to the center of government, economy and tourism has implications for land use in the area. The phenomenon of land use that occurs in this region tends to ignore the spatial planning that has been determined by the government. If this condition is left unchecked, there will be more violations of land use that are not in accordance with the spatial allocation, leading to spatial conflicts and clutter in regional spatial planning. This study aims to identify changes in land use in the area of land consolidation in the Seminyak Village and the dominant factors underlying the changes in land use. Qualitative methods are used to identify changes in land use, and these dominant factors. Primary data obtained from observations, direct documentation, and the results of interviews with informants determined by purposive sampling. The results showed that there was a mismatch of land use with the plan for spatial planning in the area designated for settlement and green open space. The dominant factors underlying the changes in land use are law enforcement, then environmental factors, economic factors, and socio-cultural factors. The results of this study can be input for the government in formulating policies relating to planning and controlling the use of space in order to create safe, comfortable and sustainable use of space.
 Index Terms— land consolidation, land use, land use change

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

LEGAL IMPACT OF LAND ACQUISITION FOR PUBLIC LAND PROCUREMENT DEVELOPMENT

The process of land acquisition for development for wide-ranging public interest is always carried out with the stages as stipulated in Law Number 2 Year 2012 and its implementing regulations. However, other things with the procurement of small-scale land that can be done by way of sale and purchase, exchange or other means agreed by both parties without going through the stages set forth in the laws and regulations implementation. Article 121 of Presidential Regulation No. 148 of 2015 in paragraph (3) states that small-scale land procurement can be carried out without location determination. In the absence of a location stipulation in small-scale land acquisition resulted in agencies requiring land can not consign or take care of damages in court because one of the conditions set forth in Supreme Court Regulation No. 3 of 2016 to do consignment or nursing in court requires determination location set by governor or mayor / regent