Land Acquisition Process Research Articles

THE LANDS WERE NOT EMPTY

THE LANDS WERE NOT EMPTY

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.

Forestalling Conflict in Compensation of Compulsorily Acquired Customary Land: The Intergenerational Payment Option

Land in the traditional African society is owned in collectivism and does not belong to individuals but the entire family which comprises the living, the reverend souls of the ancestors and the generations yet unborn. Meanwhile, when a family land is acquired compulsorily by the government or through the market by private firms, only a few family members of the family enjoy the compensation proceeds. The under-aged family members and the yet unborn generations are usually left out from the compensation proceeds from the family heritage (land). This has resulted in encroachment of land and land conflict to reclaim lost heritage by the then under-aged family members and the “yet unborn” generation when they come of age. It has also resulted in violent land conflicts and delay in projects planned for the acquired land. This paper examines the prospect of using intergenerational compensation (IGC) which will extend payment beyond a generation as a strategy for compensation in the customary land acquisition process. Utilising a qualitative approach, the paper examines the views of representatives of 23 selected indigenous landholding families (ILFs) and key informants in government offices providing land administrative services (GOPLAS) in Lagos State on the concept of intergenerational compensation. The findings reveal the willingness of the ILFs to accept the IGC payment strategy but the GOPLAS were unwilling to support the strategy. It also provides information on reasons for the support and opposition to the strategy and how it can be implemented.

Dampak Proses Pembangunan Bendungan Sidan terhadap Sosial Ekonomi Masyarakat dan Lingkungan di Desa Buahan Kaja, Kabupaten Gianyar dan Desa Sidan, Kabupaten Badung

Impact of Sidan Dam Construction Process on Socio-Economic Community and Environment in Buahan Kaja Village, Gianyar Regency and Sidan Village, Badung Regency. The construction of Sidan dam is a national strategic project stipulated under Presidential Regulation No. 56 of 2018. The purpose of this study is to identify social impacts, analyze economic impacts and estimate the environmental impact of the Sidan dam construction process. The research methods used in this study use quantitative and qualitative descriptive research. The process of building Sidan dam has no social impact on the community measured from 4 parameters consisting of social activities, land acquisition processes, the emergence of criminality and lifestyle changes. However, the process of building Sidan dam has a social impact on the community, measured from 3 other parameters consisting of communication between farmers, the usefulness of dam construction and payment of compensation. The process of building the Sidan dam has no economic impact on the community, measured from the parameters of increasing the selling price of agricultural commodities. However, the process of building Sidan dam has an economic impact measured from 4 other parameters consisting of income, land prices, property ownership and job additions. The Sidan dam construction process has no environmental impact measured from 3 parameters consisting of water and air pollution, environmental cleanliness and water quality and quantity. However, the Sidan dam construction process has an environmental impact measured from 3 other parameters consisting of loss of agricultural land, noise and road access around the agricultural area.

Land Banking Establishment as the First Step Acceleration for Post COVID-19 Pandemic Investment

The collapse of the country's economy as a result of the COVID-19 pandemic is necessary to be resurrected, one of which is through investment, including investment inland. Thus, through the Law of Republic Indonesia No. 11 of 2020 on Job Creation and Government Regulation No. 64 2021 on Land Banking, the government has defined the formation of a body of Land Banking that has been authorized specifically to manage land. Does this post to highlight two issues: 1) the urgency of the bank's establishment in response to the question of the land itself in Indonesia's investment activities? 2) the role of the bank bodies as the first step acceleration of the national economy post-covid-19 pandemic? The research method used was the juridic-normative law research method, which used secondary data and was acquired through literature studies. According to the authors, there are at least 3 problems in the land: a) license and bureaucratic deliberations; b) the lengthy process of land acquisition; and c) high cost. However, the presence of ground bank agencies as the land keeper, land warranty, land valuer, land distributor, land manager, can help to accelerate the investment. Keywords: Land Banking, Investment Acceleration, COVID-19 Pandemic

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.

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.

Land Procurement Policy For Development From the Perspective of Utilitarianism

Land issues become more crucial when population growth and increased development activities both by the government and by communities and individuals move on a relatively fixed land area, which simultaneously increases various land-use problems. The existence of various interests that seem to conflict with one another regarding land issues in development causes the process of land acquisition for development purposes to become a protracted problem. Therefore, it is necessary to review the policies that have been issued by the Government so far regarding land acquisition for infrastructure development, which is very closely related to the public interest based on a utilitarian perspective.

A SHADOWY ‘CITY OF LIGHT’: Private Urbanism, Large‐Scale Land Acquisition and Dispossession in Ghana

AbstractThe rapid expansion of African cities has created both housing deficits and a pluralization of urban orders, including the growth of slum settlements. With an ever‐increasing middle class, urban sub‐Saharan Africa is now also characterized by large‐scale land acquisition processes linked to the construction of wholly private and increasingly enclaved cities. This article maps the impacts of the Appolonia City of Light project—a privately built enclaved city catering to the housing needs of a rapidly growing middle class in Ghana. Building on field research and exploring various dimensions of the development marketed as ‘The City of Light’, we highlight how the project has dramatically altered social relations and resulted in dispossession rippling through nearby local communities. We therefore argue that, instead of merely focusing on the actual physical spaces of private developments or turning attention to often phantasmagoric and utopic visions of the future, research should be directed at changes in the immediate surroundings of urban developments. We highlight the problematic land acquisition inherent to such enclaved developments and demonstrate how these intrinsically constitute assemblages of livelihoods and exemplify dynamics of appropriation, dispossession and commodification.

PENGARUH KETERLAMBATAN PROSES PENGADAAN TANAH TERHADAP PENCAPAIAN WAKTU PROYEK

Land acquisition for the Jambo Aye Kanan Irrigation Network of ± 35 kilometers was started in 2010 and is currently around 28 kilometers or ± 70% of the total land acquisition. The Lhok Guci irrigation network of ± 90 kilometers was started in 2007 and is currently around 45 kilometers or ± 50% of the total land acquisition. It can be concluded that if the land acquisition has not been completed, the project work will be carried out as an addendum. In general, a contract addendum is an addition to the main agreement. Additions or changes that are attached cannot be separated from the main agreement, must remain in accordance with the unity of the agreement. Addendum to this contract can be made even though the term of the agreement has not ended, as long as all parties agree. Based on the description above, the problems identified are what factors are causing delays in land acquisition and the impact of the land acquisition process on the project time. This study aims to identify the effect of the land acquisition process on the achievement of project time performance. The results of this study are expected to be one of the references and information to overcome the problems that have resulted in delays in the completion of the Jambo Aye Kanan irrigation network project and the Lhok Guci irrigation network. The method used in this research is correlation analysis. The results of the correlation analysis using the SPSS application that have a relationship with the land acquisition process on the achievement of time performance are funds/funding, coordination and price. The result of the highest correlation analysis of the factors that influence land acquisition on time performance is the price variable. The correlation of the variables that affect land acquisition with laws and regulations on the time performance variable has a high correlation.

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

Land acquisition processes in flood-prone informal settlements in Dar es Salaam: A rhetoric revealing land governance

Acquisition of land in flood-prone informal settlements is restricted by land-use policies, laws, and regulations in many countries, including Tanzania. Due to rapid urbanisation trends, coupled with growing urban planning deficiencies, many residents, particularly in the low-income group, have resorted to settling in flood-prone informal settlements. This article provides a rhetoric exposé to land governance by exploring the processes that land seekers go through to acquire building land (sites). This includes flood-prone land in informal settlements in Dar es Salaam, despite prohibition by land-use legislation. The study employed a case study design where quantitative and qualitative data were collected, using household questionnaires, key informant interviews, and focus-group discussions. Msasani Bonde la Mpunga, a flood-prone settlement in Dar es Salaam, was selected as a case study area to investigate the processes and actors involved. Results showed that most of the landowners in flood-prone areas of Msasani Bonde la Mpunga acquired land parcels informally after they moved into the city from various parts of the country. Approaches and processes of acquiring land were gone through, using social connections with relatives and friends living in the area, engaging brokers, and obtaining verbal or written selling transfer agreements from ward officials. Some encroached or invaded vacant land. Gradually, building structures emerged, although initially, invaders pretended to put up temporary dwellings. The few who inherited land did not undergo similar processes of acquiring land directly. This article concludes that the processes through which land seekers acquire building land, despite being flood-prone areas, are fuelled by weak governance. Government measures are often top-down and reactive instead of proactive. The article recommends rethinking land-governance efforts that entail bottom-up interventions with substantive involvement in decision-making processes. These should involve communities in the co-production of appropriate land-governance regulatory measures in flood-prone informal settlements.

LAND DISPUTE SETTLEMENT POST LAW NO. 2 OF 2012; GLAGAH VILLAGE CASE STUDY RELATED TO NYIA AIRPORT

The location for the New Yogyakarta International Airport (NYIA) construction involved in land disputes during the land acquisition process. The land acquisition will always lead to disputes or conflicts with the affected people. It is even more complicated if, in the development process, the ruling elite intervenes, external forces outside the local community that are not directly related to the development. This article deals with the question of the government's public perceptions of the legal polemic of land dispute settlement based on Law No.2 of 2012, and concentrates to examine a new model of land dispute resolution from the perspective of affected communities against NYIA. This research is normative-empirical based on primary and secondary data, namely a literature study, field study, using purposive sampling with interviews, FGD, observation, and qualitative descriptive analysis. The result showed the failure of formal litigation and non-litigation approaches offered by Law No.2 of 2012 to resolve the disputes fairly. Village discussions based on local wisdom as a new model for equitable land dispute resolution needs a political review of Law No. 2 of 2012. The new paradigm of agrarian reform must be based on customary law and local wisdom values in the 1945 Constitution and the Agrarian Law. Given recent controversies concerning land disputes, a law on reform and structuring the national agrarian structure, Agrarian conflict resolution law, and law of natural resources management for the community are urgently needed.

Land acquisition for dams: relocation problem and potential change in livelihood of communities affected villages

Dams are agricultural infrastructure that has very important role in supporting food security. Dams constructions indirectly show a change in resources from land resources (terrestrial) to water resources (aquatic). This study aims to analyze the impact of land acquisitions as a consequence of accelerating agricultural infrastructure development policy in East Java Province. This research was conducted using a multiple case study approach. Data were collected qualitatively through documents study, observation, and in-depth interview. There are three cases of land acquisition for dam construction comparing in this study: Semanthok Dam in Nganjuk District, Bagong Dam in Trenggalek District, and Bendo Dam in Ponorogo District. The result shows that land acquisition for dam construction was not immediately responded well. Conflicts usually begin from the value of compensation that is not in accordance to the community expectation. The land acquisition process for the dams has not included a livelihood plan for the people who are relocated from their village of origin. In fact, the dam construction necessitates a shift from the affected communities who originally used land resources eventually turned into water resources due to the dam constructions. A comprehensive impact analysis mapping has not been found covering: the community upstream dam, the community around dam and the community downstream of the dam.

The Land Acquisition of Inundated Land for The Toll Road Project of Semarang-Demak Sea Embankment

The land acquisition process has been viewed as the most challenging phase in developing road infrastructures in Indonesia. Since the northern coast serves as a vital road corridor to support efficient population mobility and goods transport, the government set to improve the connectivity infrastructure by constructing a toll road project in Semarang – Demak Sea embankment (TTLSD). However, the development of toll road infrastructure for public purposes is often complex because it needs the acquisition of a massive quantity of land. In contrast, land supply is minimal, especially in degraded coastal zones. The study aims to investigate the land acquisition process in the inundated land, which impacts economic and social aspects. The research uses a mixed-methods approach, incorporating quantitative and qualitative research methods and spatial-based analysis techniques that utilize geographical information systems and remote sensing. This analysis shows that the majority of land parcels (92%) in the TTLSD construction project site were inundated lands. This phenomenon resulted in a slow land acquisition process because there were no technical laws and regulations to determine the status of flooded land. There was no mechanism for the transfer of rights to land in Indonesia. Moreover, the land acquisition was hampered by inappropriate compensation, which could not meet the community's expectations, and there were no clear land boundaries due to the flood.

Traditional authorities as development brokers in rural education: evidence from the PPTAP in Ghana

ABSTRACT Development brokerage has become a crucial and enduring phenomenon where local actors link their communities to the international development and aid system. Using the case of the World Bank-led Promoting Partnerships with Traditional Authorities Project (PPTAP) with the Asanteman Council in 2003, this study investigates the brokerage roles played by Traditional Authorities (TA) towards rural education. This study finds that the role of TAs was significant concerning improved time-bound projects, greater community participation and ownership, de-politicisation of projects, and accelerated land acquisition processes. However, issues of sustainability and gender remain critical concerns for the overall success of TAs as development brokers.

Blemish of place: Territorial stigmatization and the depreciation of displaced villagers' resettlement houses in Chengdu, China

In the 2010s, China witnessed a return of the state in land acquisition and urban (re)development processes. This return of the state has resulted in a new type of neighborhood, namely displaced villagers' resettlement community (DVRC), which is well built by the government and located close to middle-income communities' amenities. The displaced villagers are entitled to full ownership and sale right of their resettlement houses. However, these houses in DVRCs are depreciated in the housing market. This study examines and explains the housing depreciation in DVRCs with a combination of quantitative hedonic models and qualitative field investigations. We explain the housing depreciation in DVRCs through the lens of territorial stigmatization theory. Based on the findings, we argue that the housing depreciation DVRCs is caused by the entrenched prejudice towards the peasantry in Chinese society. This prejudice has mutated into territorial stigmatization of DVRCs as uncivilized and poor neighborhoods. This paper innovatively bridges territorial stigmatization thesis and housing price research to provide a new method to reveal territorial stigmatization in the context of rising market approach to social housing. It contributes to the debate on whether social mix development can avoid the stigmatization of social housing communities.

Effect of AGIS on Implementation of Electronic Land Administration in FCT, Abuja Nigeria

Land administration in Abuja includes processes of land registration, cadastre, valuation and land inventory. Every country in the world pursues these activities in one form or another irrespective of the stage of development. Developing countries particularly, Nigeria are overwhelmed by challenges of land management and administration. Recent efforts to secure tenure and enhance real property markets are under pressure from increasing demand and competition for land. Effort at implementing land administration reform in the Federal Capital Territory (FCT) have led to inefficiency, incoherent and poor land management. This has undermined the huge potentials and global competitiveness in the sector. This study assesses the effectiveness of Abuja Geographic Information Systems (AGIS) on the implementation of electronic land administration in the FCT. Descriptive survey method was adopted in carrying out this study. Data collection involved sample of 150 applicants/beneficiaries of land, drawn across seven districts to determine how electronic land administration system in the FCT has improved the practice. The findings of the study revealed that electronic land administration in AGIS does not address unequal land distribution. Also, management, acquisition and disposal of public land follow unclear procedures and are not applied equitably and transparently. Formal land delivery takes an inordinate amount of time under the existing frameworks and land fees are unaffordable to many residents in the FCT. Based on the findings, the study recommended the empowerment of the Land Use and Allocation Committee (LUAC) to ensure fairness and equity in land acquisition processes, reorganizing the AGIS workflow, installation of state-of-the art technology for efficiency that will make the processes and procedures for acquisition of land clear to the general public. The study also recommended active participation of key stakeholders through public hearings and citizen’s forums.

Public Perception of Tiro Reservoir Development in Blang Rukui Village, Tiro District, Pidie Regency

Development and environment are two components that influence each other. The physical environment is needed as a provider of natural resources which will be further processed, while the social environment provides human resources as development actors. In the implementation of development, knowledge becomes a very important component. Because knowledge is a strong basis for consideration in generating critical thinking. Knowledge, experience, expectations, information will shape the public's perception of a phenomenon, in this case the construction of the Tiro Reservoir. One of the sub-districts that has agricultural potential that has not been managed properly is Tiro District in Pidie District. The government through the Sumatra River Basin I (BWS SI) plans to build a reservoir located in Blang Rukui Village, Tiro District, Pidie Regency. The impact of the refusal of some communities can be clearly seen in the land acquisition process that has not been carried out to date, which means that some communities do not give their land to be paid for by the government. The method in this study is to conduct direct observations to the research site by using a questionnaire to see whether the public's perception supports or does not support the construction of this reservoir. Based on the results of the questionnaire, it is known that the average public perception of the construction of the Tiro Reservoir is 62%, which is included in the criteria for being quite supportive in the construction of the reservoir. From the calculation results, the village affected by the development (village to be relocated) is Blang Rukui Village. Of the 29 samples in the village (Blang Rukui Village) affected by the construction, 25 samples did not support the construction of the reservoir and 4 samples were quite supportive. Meanwhile, in the villages (Pulo Kenari, Dayah Teungoh, Dayah Baroh, Panton Beunot) who received the benefits 47 samples supported the construction of the reservoir and the remaining 19 samples were sufficient to support the construction of the reservoir. Based on the results of calculations and discussions, it can be concluded that the results of community perceptions, although in the low category, are still quite supportive for development.

Konsinyasi dalam Pengadaan Tanah bagi Pembangunan untuk Kepentingan Umum

Land acquisition for generic interests can be made through two systems, namely the release of authority over land and cancellation of authority over land. However, the State must provide consequences in the form of compensation (consignment). This research covers the land acquisition process for public interest according to Law Number 2 of 2012, as well as to find out the procedures for depositing compensation (consignment) for public interest in court in the context of land acquisition. The research method used is normative legal research and problem approach by examining statutory regulations. The results showed that in Law no. 2 of 2012 there is a procedure for providing land which includes the process of planning, preparation, implementation and submission of results. Then, regarding the custody of compensation in court, there are 7 procedures such as the application must be submitted in writing in Indonesian, signed by the applicant and attached with supporting documents for the collector to pay the down payment through the bank, completed with applicant registration, negotiation of repayment, termination and reserve of compensation money. as well as revocation of compensation money.