Land Procurement Research Articles

The Urgency Of Land Bank: Maintaining The Existence Of Land Acquisition For Development

This study aims to analyze the urgency of land bank in maintaining the existence of land acquisition for development. This research method uses a normative legal research method with a statutory approach and a conceptual approach. The types and sources of legal materials used are primary, secondary and non-legal materials. The method of collecting legal materials uses the literature study method. Analysis of legal materials using qualitative descriptive analysis. Based on the research results show that the urgency of the Land Bank in Land Procurement activities for development has a function to overcome the problem of the form and value of compensation for land acquisition objects, prevent the growth of an inventory of land needs for development activities for the public interest and reduce land acquisition activities that require large costs and which take rights.

The Implementation of Compensation for the Rest of the Land in Land Procurement for the Construction of Public Facilities

This study aims to find out and analyze the implementation of compensation for the remaining land parcels in land acquisition for the construction of public facilities in Bogor Regency, as well as to find out and analyze the obstacles and solutions in the implementation of compensation for the remaining land parcels in land acquisition for the construction of public facilities in the Regency. Bogor. This research method uses a sociological juridical approach, namely legal research that uses secondary data as initial data, which is then followed by primary data in the field or on the community. Based on the results of the study concluded: 1) The implementation of compensation for the remaining land parcels in land acquisition for the construction of public facilities in Bogor Regency, namely the implementation of the construction of the Bogor Outer Ring Road (BORR) as a whole has not been carried out optimally because there is still land that has not been paid for with various kinds of problems. . Until the end of this research, there are still 36 (thirty six) of the 171 (one hundred and seventy one) remaining land parcels that have not received compensation, namely the remaining land parcels located in Cibadak Village and Kayu Manis Village; 2) Implementation of compensation for the remaining land there are several obstacles that hinder the implementation, namely obstacles from the community which include objections to the amount of compensation, objections to the provisions on the area of the remaining land parcels to be compensated, and the application for compensation for the remaining land which is not done collectively. Meanwhile, the obstacle from the government is that there is a legal vacuum regarding the compensation mechanism for the remaining land which has an area of more than 100 m2.

LEGAL INCONSISTENCY OF LAND PROCUREMENT FOR MINING IN FOREST AREA

Damage to natural resources in Indonesia is starting to have an impact on the community as a result of mining that does not heed environmental sustainability resulting in ecosystem damage such as water pollution, loss of ground cover and increased levels of hazardous substances. The type of research carried out is by using normative legal research which is limited to the study of the application of positive law under study. Procurement of land for the mining business sector involves many aspects of statutory regulations including the Forestry Law, Conservation Law, Environmental Law, Land Law, Investment Law and the Law governing Mining itself which consists of from the Minerba Law, the Oil and Gas Law and the Geothermal Law. the impact that arises as a result of legal inconsistencies in the mining sector, such as the presence of several mining companies mining in areas prohibited for mining.

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.

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>

Land Procurement for Public Interest Against Destroyed Land: Natural Events and Legal Certaint

Based on a case study on the construction of the Semarang-Demak Toll Road, this study aims to investigate and investigate land acquisition for the public interest for land that has been destroyed as a result of natural events and its legal certainty. The research method used is socio-legal with primary data in identification, field measurements, and other supporting data. Semarang-Demak Toll Road property acquisition demonstrated tidal inundation on the north shore. Subsidence exacerbates Semarang's flooding. On flooded land, sea dikes and retention ponds prevent tidal floods. If just for transportation, the Semarang-Demak Toll Road can be built in flood-free areas or over the sea, like Bali's Mandra Toll Road. Land acquisition concerns delayed the Semarang-Demak Toll Road. Lack of land limitations has delayed land purchases. In the Semarang-Demak Toll Road land acquisition, destroyed land is not a problem under Indonesian law. 2021's Regulation 18 defines destroyed land. Destroyed land will drive people to take better care of their land and be more concerned about global warming or land subsidence. The state honors the landowner's emotional connection by paying for spiritual care. Doi: 10.28991/CEJ-2022-08-06-06 Full Text: PDF

Land Acquisition for Public Interest Case Study of Toll Road Development in Indonesia

This research is conducted with aim of knowing how to regulate, determine procedures, and find obstacles and solutions to the land acquisition for the construction of toll roads for the public interest. This research uses a normative juridical method with a statutory approach and a conceptual approach. The results of the research show that the procedure of land acquisition for toll road infrastructure for development in the public interest according to Law number 2 of 2012 stipulates that land acquisition is the activity of providing land by giving proper and fair compensation to the entitled party. Procedurally, the Land Procurement in the construction of toll road infrastructure by the State-Owned Enterprises (SOE) or BUMN (in this case is Persero) has fulfilled the principle of public interest, in which the development is actually owned by the government, carried out by the government (through SEO Persero), and does not seek profit so that it can be qualified as land acquisition in the public interest. Several land acquisition constraints identified are (1) difficulty in reaching a major compensation agreement, (2) lack of knowledge and awareness of land owners about the social function of land rights, (3) the importance of infrastructure development including toll roads, (4) limited procurement land funds, (5) there is a land ownership dispute. In addition, the solution is (a) a persuasive approach to the community (b) providing an understanding of the valuation system that takes into account the principle of “the highest and the best use”, (c) taking over the process and funding of land acquisition by the government through agencies that require land, and (d) consignment. Other than that, the legal settlement mechanism when the owner of land rights refuses the form and amount of compensation is set based on Law number 2 of 2012.

Analisis Faktor-Faktor Jual Beli Tanah Secara di Bawah Tangan di Desa Babul Makmur

Buying and selling is something that often happens in all activities. A sale and purchase agreement is an agreement in which one party promises to deliver the goods and the other party pays the promised price. This study intends to examine the things that affect the procurement of artificial land in Babul Makmur Village. The type of research used is a descriptive approach, meaning that here it provides a specific description of the field in the form of facts found in the field and by describing the results of research obtained in the field, including: data that has been obtained from the library, then the researcher makes conclusions and recommendations from all the results that have been studied. The results showed that the things that resulted in the sale and purchase of underhanded land in Babul Makmur Village were: cultural/customary factors, trust and family factors, fast processing factors and low costs, education factors and lack of socialization. Then the registration of land at the Office of the National Land Agency is not a condition for the validity of the sale or not. So if there is an underhand sale and purchase, it is actually legally valid and the land is legally the property of the buyer.

Analisis Faktor-Faktor Jual Beli Tanah Secara di Bawah Tangan di Desa Babul Makmur

Buying and selling is something that often happens in all activities. A sale and purchase agreement is an agreement in which one party promises to deliver the goods and the other party pays the promised price. This study intends to examine the things that affect the procurement of artificial land in Babul Makmur Village. The type of research used is a descriptive approach, meaning that here it provides a specific description of the field in the form of facts found in the field and by describing the results of research obtained in the field, including: data that has been obtained from the library, then the researcher makes conclusions and recommendations from all the results that have been studied. The results showed that the things that resulted in the sale and purchase of underhanded land in Babul Makmur Village were: cultural/customary factors, trust and family factors, fast processing factors and low costs, education factors and lack of socialization. Then the registration of land at the Office of the National Land Agency is not a condition for the validity of the sale or not. So if there is an underhand sale and purchase, it is actually legally valid and the land is legally the property of the buyer.

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.
 
 
 

Penerapan Aspek Keadilan Dalam Pengadaan Tanah Untuk Kepentingan Umum di Indonesia

<p><em>This</em><em> research aims to analyze the application of aspects of justice in the process of implementing land procurement for the public interest in Indonesia. The research method used in is a normative juridical method that is prescriptive. The results of the study can be concluded that, first aspect of justice is something that must be applied in land procurement by providing fair and decent compensation that not only assesses physical losses but assesses non-physical losses also need to be taken into account with reference to laws and regulations. Both concepts of fair and decent compensation are intended so that affected communities or communities whose land rights are revoked can live their lives or even better. For those who refuse the amount of damages are given the right to be able to submit an objection to the District Court then to the Supreme Court if it still objects to the decision from the District Court. The application of justice in the procurement of land in the public interest is to ensure the sustainability of the productivity of communities affected by land procurement so that they can work in the period of fulfillment of their lives and their families to achieve the welfare of life.</em><strong><em></em></strong></p>

ANALISIS HUKUM TERHADAP PERAN PEMERINTAH DAERAH DALAM PENGADAAN TANAH BAGI PEMBANGUNAN

Land is a gift of God Almighty for the people, the nation and the State of Indonesia, which must be cultivated, utilized, and used for the greatest prosperity of the people. This article examines the land procurement oriented to the creation of legal certainty of land procurement for local government. Methods Research used normative research methods with statutory approach and analytical or conceptual approach. The results of research indicate that local government has the right and authority to arange and manage its own regional government affairs according to the principles of regional autonomy, especially in terms of land acquisition for the implementation of development for the public interest. However, the authority given to each local goverment, the application must be in synergy with the central government program. If the existence of local government cannot be separated from the central government

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

The role of agriculture in poverty escapes in Kenya – Developing a capabilities approach in the context of climate change

Rural poverty poses a significant developmental challenge in Kenya. Using a panel survey in rural Kenya and qualitative material from focus groups and life history interviews from the regions of Makueni and Vihiga, we investigate the changing role of how agriculture and farming practices have contributed to sustained escapes from poverty since 2000. In this study we analyse environmental, social and personal structures that facilitate conversion of agricultural strategies that enable poverty escapes in the context of climate change. Our study identifies that agriculture still forms an essential aspect of Kenyan households’ economic and social wellbeing. However, the study results indicate that links between accumulation of assets and poverty escapes are ambiguous, poor households find it problematic to convert agricultural strategies into a profit, and climate change shocks further exasperate these difficulties. We argue that constraints in conversion structures, such as limited infrastructure, and in conversion processes such as ongoing difficulties in land procurement and inheritance, unsustainable farming practices and continued lack of knowledge on climate-smart agriculture affect not only poverty escapes, but also the ability to adapt to and mitigate against environmental shocks. Development of conversion processes to improve existing conversion structures should be at the core of public interventions that seek to sustainably reduce poverty amidst climate change in rural Kenya.

Indonesia’s National Strategic Project, Displacement, and the New Poverty

The Government of Indonesia initiated the National Strategic Project comprising a wide range of infrastructure programs across the nation in 2016. The project is indicated by a set of supporting regulations and funding schemes. One of the project's supporting laws is Presidential Decree No. 56/2017 on the mitigation of land procurement social impact. This study seeks to examine the impacts of Indonesia's national strategic project, focusing on socio-economic deprivations and suggesting relevant policy frameworks for the displaced population regarding their well-being and human rights. The desk review of displacement status and human rights will provide an analysis of displacement people's socio-economic condition and fundamental rights of displaced people from a selected district in which displacement has been occurring since 2016. The case study of the chosen community will elucidate the causes and consequences of this displacement case. We will utilize both qualitative and quantitative data taken from official government reports and affected residents.

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

Techno-economic perspective of a floating solar PV deployment over urban lakes: A case study of NUST lake Islamabad

Water bodies like small lakes, canals, and rivers in urban areas serve to be a way forward to deploy photovoltaic technology with no constraints to involve land procurement. This article aims to estimate the potential deployment of a floating photovoltaic system on an urban lake site to assess its scope and compare it with a similar specification on-ground photovoltaic system. System Advisor Model (SAM) has been used for techno-economic analysis of a site in Pakistan. The technical analysis involves observing the effect of real time temperature drop and calculation of water reduction efficiency for FPV systems. The economic parameters like net present value (NPV) and payback period are used to judge the economic feasibility of the floating photovoltaic deployment project. The floating photovoltaic deployment in an urban area is subject to soiling as the water reservoir being used exists in an area close to or within the city boundaries. The required cleaning water costs a one-time extraction rate of $1435, while for a floating photovoltaic system, the extraction cost is estimated to be $1.35. Under standard temperature conditions (STC) one-year capacity factor turns out to be 0.70% more, producing an additional energy yield of 64 kWh/kW for lake scenarios when a 10 °C temperature drop is considered. The total power potential for the entire NUST Lake turns out to be 4.47 MW. A 1 MW FPV system in NUST lake would result in a water reduction efficiency of 11.6%/year. Under standard temperature conditions, the net present value for the on-ground system becomes negative while it remains optimistic for the floating photovoltaic system as no land costs are required. Similarly, once the land cost is included in the feasibility analysis, the payback period for the on-ground system goes beyond 15 years which is only 5.37 years for a floating photovoltaic system signifying the economic feasibility of the floating photovoltaic project.

Penyelesaian Sengketa Pelepasan Hak Atas Tanah Oleh Pemerintah Dalam Proses Pendaftaran Tanah

Article 41 paragraph (2) of Law No. 2 of 2012 on Land Procurement for Development in the Public Interest states that, when granting Compensation of Parties Entitled to receive Mandatory Compensation, a. exercising the release of rights; and b. submit evidence of ownership or ownership of Land Procurement Objects to Agencies that require land through land institutions. In the court's ruling stated that the boundaries of the land should be mentioned and how much extent was waived and the rest how much, and the procedure of disengagement of the right there was preparation, planning, implementation and release, and the release of the land rights was always followed by compensation, because this is an unlawful act. The results of this study show that, the release of land rights by the government in the land registration process in the court's ruling states that if 6 (six) landowners relinquish the right, it must be 6 (six) people who relinquish their rights if only 2 (two) are invalid, then a new land is said to be state land after the release of his rights. Any release of land rights must have a reason there can't be no reason land is being released to the state. The procedure for the release of that right is there is preparation, planning, implementation and release, and the release of the land rights is always followed by compensation.

Implementation of Land Procurement for Public Green Open Space Development in Yogyakarta City, Indonesia

The provision of land to build green open spaces in urban areas as in the city of Yogyakarta is important considering that the increasing activities of urban communities will cause various environmental problems, such as an increase in vehicle smoke pollution, a decrease in the quality and quantity of groundwater, flooding, and so on. This study aims to determine how the implementation of land acquisition for the construction of public green open space in Yogyakarta City and the obstacles that arise in land acquisition for the construction of public green open space. This research is a type of empirical juridical research, which begins with understanding the legal rules or norms governing green open spaces in urban areas. Because of the limited land available to build this Public Urban Green Space, what the Yogyakarta City Government does is one of the ways to acquire land to build Public Urban Green Space is to buy people's land as allowed in the Land Acquisition Law and its implementing regulations.