Tinjauan yuridis proses pelaksanaan pengadaan tanah bagi pembangunan untuk kepentingan umum (studi penetapan nomor 3/pdt.p/2015/pn.kag) = Juridical review of land procurement implementation process for development of public interest (study verdict number 3/pdt.P/2015/pn.kag)

Dermawan, Regina (2020) Tinjauan yuridis proses pelaksanaan pengadaan tanah bagi pembangunan untuk kepentingan umum (studi penetapan nomor 3/pdt.p/2015/pn.kag) = Juridical review of land procurement implementation process for development of public interest (study verdict number 3/pdt.P/2015/pn.kag). Bachelor thesis, Universitas Pelita Harapan.

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Abstract

In order to improve the welfare of the people and advance the economy there must be adequate infrastructure. Infrastructure improvement can be done with national development activities. Every country, including Indonesia, always conducts national development, one of them by carrying out development for the public interest. The process of implementing the waiver on land should refer to Law No. 2 of 2012 and other statutory regulations. In land procurement for development of public interest it is not uncommon to pose disputes/conflicts between the government and communities. The problem of compensation is always the most complicated central issue of handling in the land procurement efforts by the government. Where the amount of compensation in the land procurement is always accompanied by discontent/unfairness in the community whose right to land is exposed to the development project. The kind of research is a normative research by using secondary data within primary, secondary, and tertiary law sources. Based on Verdict Number 3/PDT.P/2015/PN.KAG, landowners feel the harm to the value of land losses received due to the implementation of land procurement for the construction of the toll road Palembang-Indralaya does not organize a major deliberation of compensation to the landlords affected by liberation. The executor is based on the Presidential Regulation No. 71 of 2012 which does not recognize the deliberation because the magnitude of the value of the compensation has been determined by land assessment, but in Law No. 2 of 2012 the determination of the large settlement of compensation. There is a significant difference in one of the chapters between those two rules. Given that the Presidential Regulation No. 71 of 2012 is the implementing regulation of Law No. 2 of 2012, it should not be contrary to higher regulations. Therefore Law No. 2 of 2012 may rule out lower rules based on lex superior derogat legi inferior principles. The judges of the District Court of Justice Kayuagung should grant the application of landowners stating that the deliberation carried out by the organizer is a legal defect. Because in setting the amount of compensation in the procurement of land should still involve the owner of the land through deliberation with land procurement executor and reached the agreement of the process of hearing each other, to give and receive opinions, based on volunteeration and equality. The result of the assessment of land appraisal is only used as standard and the benchmark in the deliberation of the determination of the major compensation, so that it is not fixed/final but still can change with the implementation of deliberation.

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