Land Acquisition Research Articles

Enhancing Deliberation in Land Acquisition for Public Interest: Realizing a Responsive Agrarian Legal Policy Grounded in Justice

This research examines the implementation of deliberation in determining the form and amount of compensation in land acquisition for public purposes and the Legal Politics of Deliberation in ideal land acquisition for public development. This paper aims to understand the implementation of deliberation in determining the form and amount of compensation in land acquisition for public purposes and the efforts to optimize the Legal Politics of Deliberation in ideal land acquisition for public purposes. This research is based on the constructivist paradigm with a socio-legal approach method. The authors find that the implementation of deliberation in determining the form and amount of compensation in land acquisition is merely procedural and requires optimization of the legal politics of deliberation regarding ideal land acquisition for public purposes, conducted with caution based on Pancasila values.

The Role of Stakeholders in Land Acquisition for the Construction of the Gatot Subroto Underpass in Medan

This research analyzes the role of stakeholders in the land acquisition process for the construction of an underpass on Jalan Gatot Subroto Medan. The construction of this underpass infrastructure aims to reduce congestion and improve accessibility and aesthetics of the city of Medan, especially at the Manhattan Mall intersection in Medan. This research uses a qualitative descriptive method by collecting data through interviews, observation and documentation from various related parties, including the government, land owners, contractors, supervisory consultants and local communities. The research results concluded that there were 18 stakeholders divided into 4 (four) quadrants, namely: subject; key players; other supporters and followers. The resulting conclusion is in the form of a division of roles based on the interest and strength quadrants from Reed's (2009) theory. The success of land acquisition for the construction of the Gatot Subroto Medan underpass is determined by the ability of stakeholders to work together

Impact of Low Public Awareness on BPHTB Payments on the Validity of Land Ownership Certificates in the PTSL Program

This study analyzes the low public awareness in paying the Land and Building Acquisition Duty (BPHTB) and its implications on land ownership and regional revenue. Various factors such as the lack of education and socialization, misunderstanding of the payment procedures, and cultural and social barriers are identified as the main causes of low public compliance. The impacts of this low awareness include risks to the validity of land certificates, property market value, and legal stability affecting investments. Additionally, this research explores how low BPHTB payments contribute to a decline in local revenue (PAD) and create challenges for regional development. To address these issues, this study recommends more effective outreach programs, simplification of the payment process, and improved collaboration between the government and the community to increase awareness and compliance with tax obligations

JOINT OWNERSHIP OF LAND: ISSUES AND SOLUTIONS ACCORDING TO THE NATIONAL LAND CODE 1965 AND ISLAMIC LAW

Joint ownership of land refers to the ownership of land by two or more individuals or entities in undivided shares, known as co-ownership under the National Land Code 1965. This form of ownership can potentially hinder efforts to develop or utilize the land. Therefore, this study aimed to identify related issues and propose appropriate solutions based on the National Land Code 1965 and Islamic law. This qualitative study employed a content analysis design and data as well as information were collected through document analysis, which were then analysed descriptively. Findings indicate various issues in relation to joint ownership of land, including the negative attitude of owners, sale of individual land share or portion by co-owners, partial land acquisition, quit rent (land tax) payments, inheritance distribution, and limited freedom to develop the land. Therefore, this study proposed several solutions including selling or leasing the land, partitioning the land, utilizing the takharuj (partner buyout) or muafakat (mutual agreement) methods, and incorporating the al-Syufah concept into the National Land Code 1965.

Land Banking Policy (Critical Evaluation of the Economic and Social Rights of Traditional Legal Communities)

The problem of land acquisition for customary communities is no longer a contemporary problem, but since massive development there has been a shift in the rights of indigenous communities in managing land. In principle, this has an impact on the property rights and economy of indigenous communities in using land as the most important natural resource in their communities. Therefore, land bank policies and schemes are the most comprehensive policies to protect the land rights of indigenous peoples. The objectives of this research are the concept of protecting land rights as economic property rights of indigenous peoples and policy determination. Land Banking Policy Implications and institutional schemes for implementing Land Banking for indigenous communities in Indonesia. This research is categorized as normative legal research with a philosophical and analytical approach, and analyzed using descriptive analytical methods. The research results show that land rights for indigenous peoples have not been explicitly recognized internationally and nationally, however, the contemporary development of economic ownership rights for customary land is starting to be recognized in several jurisprudence and interpretations. The implications of the land bank policy are carried out and begin with the classification of land objects and strengthening the policies and schemes of land bank institutions.

Legal Analysis of Delay in Compensation Payment for Community Land for The National Strategic Projects Development

This study discusses the priority development projects of the Government to improve Infrastructure, which is expected to benefit the community. In the process there are problems that arise, including delays in payment of compensation for land acquisition for public interest for development. This research method uses an empirical legal approach, data obtained from field research and library research will be analyzed qualitatively to answer the problems in the payment research, there are 3 factors, namely the absence of an accurate budget estimate, incomplete payment files, and there is land in a forest area. Delays in payment of compensation will have economic and social impacts on the community and of course hinder project development for the community. Therefore, to fulfill a sense of justice, legal certainty is needed in the form of clarity regarding compensation for the community.

Menelisik Respon Pemerintah Daerah Kabupaten Sumbawa Barat dalam Memfasilitasi Proses Pembebasan Lahan Pembangunan Smelter

The purpose of this Community Service Activity is to examine the response of the community and government regarding the smelter development program. This activity was conducted in the villages of Benete and Maluk, West Sumbawa Regency. The activity, held in December 2021, involved 126 participants. The details of the participants include 6 local government officials, 15 youth representatives, 15 community leaders, 15 religious leaders, and 15 community members directly impacted by the Smelter project in Maluk village, as well as 15 youth representatives, 15 community leaders, 15 religious leaders, and 15 community leaders directly impacted by the Smelter project in Benete village. The method used in this activity is the interview method with informants through a qualitative approach. The research findings indicate that the local government supports the construction of a smelter in Sumbawa Regency to boost development and improve the local economy, strongly backing the smelter project in West Sumbawa Regency by facilitating land acquisition.

Flow regime mechanisms in sequencing batch reactor (SBR) configurations on aerobic granular sludge formation using particle image velocimetry (PIV)

Indah Water Konsortium (IWK) consistently encounters challenges in managing over 7000 sewage treatment plants (STPs) due to inadequate infrastructure for centralized treatment. In addressing the challenge of land acquisition during STP upgrades, aerobic granular sludge (AGS) technology is worth exploring. The AGS systems are designed in sequencing batch reactors (SBRs) as a superior alternative to reduce land requirements. Research trends on AGS formation by flow regime mechanism are not yet fully comprehended for different SBR configurations (column and rectangular-type) as sufficient adjusted aeration rates in producing high-quality effluent. In this study, mature AGS of about 2736 μm was achieved at 57 days of formation in rectangular-type SBR by laminar flow with an aeration rate of 4 L/min. Due to transitional flow dynamics, there was a delay of about 54 % of mature AGS (2505 μm) on day 88 in column-type SBR at an aeration rate of 6 L/min. Microbial growth indicated that effective mixing was essential in wastewater treatment to ensure uniform distribution of oxygen, nutrients, and microorganisms, while excessive agitation must be avoided to maintain granular integrity. Thus, this research offers insights into the novelty of AGS for full-scale application.

ANALISIS PENGADAAN TANAH BAGI KEPENTINGAN UMUM DI KABUPATEN LUWU TIMUR

This research aims to find out and analyze how the implementation of land acquisition for development for public interest in East Luwu Regency. To find out what are the obstacles in the implementation of land acquisition for development in the public interest in East Luwu Regency. This research was conducted using the Normative Empirical legal research method, research was conducted in East Luwu Regency. The implementation of land acquisition in East Luwu Regency is carried out in accordance with applicable laws and regulations. Where the implementation process is carried out by planning, preparation, implementation and then delivery of results. Obstacles in implementing land acquisition in East Luwu Regency are related to the lack of budget funds in procuring capital expenditures, as well as the amount of compensation determined by the government based on an assessment, which is binding.

Overview and Perspective of Integrated Photovoltaics with a Focus on the European Union

The global cumulative installed PV capacity is anticipated to surpass 2 TWp by the end of 2024, which is an increase in three orders of magnitude from the 1 GWp at the end of 2004. Depending on the energy transition scenarios, up to 8 kWp per capita have to be operational by 2050 globally. In Europe, this capacity could even be 50% higher, and this will have consequences on the decisions regarding where to install this capacity; thus, these decisions will be significantly impacted. This paper gives an overview of the technology options for installing PV systems in areas already used for other human activities as well as integrating them into ships and vehicles without the acquisition of extra land. The focus of this paper is on the situations within the European Union, such as land competition, and presents innovative solutions.

Tinjauan Yuridis Hukum Administrasi Negara terhadap Pengadaan Tanah bagi Kepentingan Umum berdasarkan Peraturan Pemerintah Nomor 19 Tahun 2021

Land Acquisition for the Public Interest aims to provide land for the implementation of development to improve the welfare and prosperity of the nation, state and society while still guaranteeing the legal interests of the Eligible Parties. Based on Government Regulation Number 19 of 2021, the research method used is normative juridical with an approach through literature study and analyzed qualitatively. This study concludes that land banks have a strategic role as a national land management tool, especially in terms of land tenure and management, so as to realize greater prosperity for the people. This is also reinforced by the fact that land bank activities have been successfully implemented in various developed countries to systematically overcome various land problems, for example, land that has been developed, abandoned land or vacant land and land that is considered abandoned, as well as land that is considered occupied. potential growth to be more efficient. That there are 3 (three) basic values of law, called legal ideals, where the law must fulfill these basic values, namely: justice, expediency (zweckmaszigkeit) and legal certainty. As a basic value that must be respected, the instrument for regulating land reserves in the future must be able to take into account the achievement of these three basic values.

Globalization and Conflicts: the Good, the Bad, and the Ugly of Corporations in Africa

Abstract Using a novel georeferenced datataset on the affiliates and headquarters of multinational enterprises between 2007 and 2018 together with georeferenced conflict data for the African continent, this work establishes a causal link between the activities of multinational enterprises and violent conflicts: multinationals’ activity increases the number of conflicts. This applies particularly to sectors intense in scarce resources, especially land. As farming is the primary source of food and income for Africans, land-intensive activity on the part of the multinationals increases local grievance, escalating to violent actions. These effects are magnified in areas targeted for large-scale land acquisitions.

Agrarian Conflicts After the Establishment of the Land Bank Agency in Indonesia

The establishment of the Land Bank in Indonesia may lead to conflicts of interest and the existence of customary land may be forgotten for reasons of land stateisation. The process of acquiring customary land for reasons of stateisation may affect the legal protection of indigenous peoples' rights. This article examines agrarian conflicts after the establishment of the Land Bank Agency and the legal protection of indigenous peoples' land. This research is examined using the normative juridical method with a statutory approach. The results of the study found that the concept of the Land Bank is in contrast to agrarian reform in terms of land acquisition operations, because land can be obtained through the transfer of land ownership by the state which is intended for investment and infrastructure development. The government needs to improve the land sector Job Creation Law and the legal regulations of the Land Bank, the government must revise the rules related to the Land Bank so that this institution can maintain a balance of land utilisation for various interests fairly. The Land Bank should be a representative of the state to protect vulnerable groups of people, one of which is indigenous peoples. Then the community must be pro-active in applying for a Material Test on articles that have negative potential, especially the regulation of land stateisation in the Job Creation Law and the legal rules regarding the Land Bank in an effort to consolidate guarantees and justifications for land rights over indigenous peoples.

Using the R Package, nsink, to assess landscape N removal in coastal catchments.

Excess nitrogen (N) loading to coastal ecosystems impairs estuarine water quality. Land management decisions made within estuarine watersheds have a direct impact on downstream N delivery. Natural features within watersheds can act as landscape sinks for N, such as wetlands, streams and ponds that transform dissolved N into gaseous N, effectively removing it from the aquatic system. Identifying and evaluating these landscape sinks and their spatial relationship to N sources can help managers understand the effects of alternative decisions on downstream resources. The N-Sink approach uses widely available GIS data to identify landscape sinks within HUC-12 (or larger) catchments, estimate their N removal potential and map the effect of those sinks on N movement through the catchment. Static maps are produced to visualize N removal efficiency, transport and delivery, the latter in the form of an index. The R package nsink was developed to facilitate data acquisition, processing and visualization. nsink creates static maps for a specific HUC-12, or users can visit the University of Connecticut website to explore previously mapped areas. Users can investigate specific flowpaths interactively by clicking on any location within the catchment. A flowpath is generated with a table describing N removal along each segment. We describe the motivation behind developing nsink, discuss implementation in R, and present two use case examples. nsink is available from https://github.com/USEPA/nsink. N-Sink is a decision support tool created for local decision-makers and NGOs to facilitate better understanding of the relationship between land use and downstream N delivery. Local decision-makers that have prioritized N mitigation in their long-term planning can use nsink to better understand the potential impact of proposed development projects, zoning variances, and land acquisition or restoration. nsink also allows resource economists to investigate the tradeoffs among different, often costly, N reduction strategies.

Authorities of The Governor of Bengkulu in Revorcing Mayor Regulation No. 43 of 2019 Concerning Classification of Basic Values of Land and Buildings as The Basis for Imposting Land and Building Rights Acquisition Fees

Authority is the power of govermment agencies and/or officials or others state administrators to act in the realm of public law. 1)what is the authority of the governor of bengkulu in revoking the mayor of bengkulu regulation no 43 of 2019 regarding the classification of the basic value of land and buildings as the imposition of a free for acquiring land and building rights. 2)The basic value of land and buildings as the basis for the imposition of fees for acquisition of land and building rughts. This type of research using a qualitative approach method. Data collection was carried out by means of interviews and documents from the regional govermment of bengkulu province. The results of the research are 1) the authority to repeal the mayor’s regulated in law no 23 of 2014, government regulation number 33 of 2018 and technically is authority is regulated in minister of home affairs regulations no 120 of 2018. 2) The Decree of the Governor of Bengkulu Number T.516.B.2 of 2021 concerning the Cancellation of the Mayor of Bengkulu Regulation Number 43 of 2019 concerning the Classification of the Basic Value of Land and Buildings as the Imposition of Fees for the Acquisition of Land and Building Rights is valid or invalid as regulated in Article 52 of the Law Number 30 of 2014 concerning Government Administration As amended by Law Number 11 of 2020 concerning Job Creation. Which in the law regulates the legal requirements of a decision which states the legal requirements for a decision are determined by an authorized official, made according to procedures, and the substance is in accordance with the object of the decision.

Analisis perhitungan dan pencatatan penerimaan Bea Perolehan Hak atas Tanah dan Bangunan di Badan Pendapatan Daerah Kabupaten Minahasa

Land and Building Acquisition Fee (or BPHTB) is an important source of regional income to support development in Minahasa Regency. This research aims 1) To find out the calculation of fees for acquiring land and building rights at the Regency Regional Revenue Agency Minahasa. 2) To find out the system for recording fees for acquiring rights to land and buildings at the Regency Regional Revenue Agency Minahasa. The data analysis method used in this research is the descriptive analysis method with data collection methods, namely interviews and documentation. The research results show that the calculation of BPHTB is carried out after the NPOP is determined as the basis for taxation minus the Non-Taxable Tax Object Acquisition Value (NPOPTKP) of IDR 60,000,000 for each taxpayer and IDR 300,000,000 for rights due to inheritance or testamentary grants. Then multiplied by a rate of 5%. The calculation has been carried out in accordance with the regulations, namely Minahasa Regency Regional Regulation Number 2 of 2011 concerning Land and Building Acquisition Fees. Recording of BPHTB receipts is adjusted to the taxes received and recording is carried out through proof of deposit, which can be in the form of a Deposit Certificate (SKS) from a bank or bank statement, all payment data is then inputted into the application system digitally. The BPHTB transaction or receipt recording system uses the BPHTB application system which is integrated with the land registration service system by the National Land Agency (or BPN).

Pemeriksaan Sengketa Khusus Pengadaan Tanah untuk Kepentingan Umum

Land acquisition for public interest often gives rise to various legal issues, including disputes between the government, landowners, and other interested parties. These disputes typically revolve around compensation, the acquisition process, and legal certainty. This article aims to analyze the examination mechanism for specific disputes arising from land acquisition for public purposes, by reviewing relevant laws and regulations. The research employs a normative juridical approach to examine statutes, regulations, and court decisions related to land dispute resolution. The findings indicate that although regulations governing dispute resolution mechanisms exist, their implementation often faces challenges, such as unclear compensation values and lack of transparency in the land acquisition process. Therefore, regulatory reforms and increased oversight are necessary to ensure justice and legal certainty for all involved parties.

Addressing the Impediments to the Perfection of Land Title in Nigeria: A Comparative Discourse with England

Land is an essential natural resource endowed by nature and deposited all over the world for the survival and well-being of humanity. In Nigeria, land control is vested in each federation state's Governor. The Federal Government controls the ownership and exploitation of mineral deposits irrespective of where the mineral deposits may be located. There is often contention about the rights of individual citizens, families, and communities in land ownership. The question of trespassing has often been a subject of litigation in Nigerian courts for decades with the advent of commerce and trade. The primary objective of this article is to examine land ownership, land allocation, and how the certificate of occupancy and Governor's consent affect land ownership, lease, and purchase of land in Nigeria. This article proffers solutions to issues arising in Nigerians’ right to ownership of land. The methodology adopted in this article is essentially doctrinal, using primary sources such as law reports and statutes. The article also refers to secondary sources such as law textbooks, newspapers, and internet materials. It recommends comprehensive reforms toward easing land acquisition and minimising the incidence of trespass to land in Nigeria.

UNVEILING OPPORTUNITIES: EXPLORING THE LANDSCAPE OF COMMERCIAL REAL ESTATE DEVELOPMENT IN BIHAR

Commercial real estate has emerged as a key driver of economic growth and urban development in India. However, most development has concentrated in major metros while Tier-2/3 cities offer huge untapped potential. Bihar is one such state witnessing early stage growth in commercial real estate. This study utilizes primary data from developer/investor interviews and secondary data from industry reports. Quantitative and qualitative analyses were conducted to assess historical trends, current status, growth drivers, challenges, and future outlook. The analysis indicates that office and retail sectors are witnessing maximum growth, driven by factors like increasing demand from IT/ITeS, organized retail, and e-commerce companies. However, challenges like nascent stage of development, infrastructure gaps, lack of financing, land acquisitions, and talent availability need to be addressed. The study provides an in-depth understanding of commercial real estate in Bihar. While immense potential exists, concerted efforts on infrastructure improvement, policy reforms, and private participation are vital to realize the full promise. Targeted recommendations are provided for stakeholders to chart the future growth trajectory.

Local Government Policy of Oil and Natural Gas Governance: A Case Study of Indonesia

This study aims to determine the policies used by the Bojonegoro Government in managing oil and gas in economic resilience and the impact on the development of oil and gas mining in the socio-economic community in Mojodelik Village, Gayam District, Bojonegoro Regency. By using qualitative descriptive methods and using data collection techniques in the form of observation, interviews, and documentation. The results of this study indicate that the realization of economic resilience during the period of Regent Suyoto was achieved through the issuance of Regional Regulation Number 23 of 2011. Furthermore, the negative impacts caused by oil and gas management policies are greater than the positive impacts because the entire community feels more negative impacts such as socio-economic and environmental stability are disrupted, such as reduced community income, the location of agricultural land with houses is getting further away, reduced water absorption, reduced interaction between farmers and farm laborers, and the emergence of envy between farmers affected by land acquisition. And the positive impacts are able to help facilitate travel including speeding up travel distances and shortening travel time between regions considering that roads without obstacles speed up travel time.