Siahaan, Albert Lodewyk
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Land Acquisition Conflicts in the Construction of the Jombang-Mojokerto Toll Road Syahputra, Muhammad Daffa; Tjipto, Frederick Xaverius; Siahaan, Albert Lodewyk
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 4 No. 3 (2025): JULY
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v4i3.1725

Abstract

The development of toll road infrastructure is one of the government's strategic steps in improving connectivity and national economic growth. However, the land acquisition process, which is a prerequisite for development, often leads to conflicts between the government and landowners. This paper discusses agrarian conflicts that occurred in the Jombang-Mojokerto Toll Road construction project, by highlighting the main causes of disputes, namely the discrepancy in the value of compensation and the lack of transparency in the deliberation process. Based on agrarian law studies and analysed case studies, this paper proposes several conflict resolution solutions, including open deliberations, fair compensation, strong legal protection, and socio-economic assistance for affected residents. The findings of this study demonstrate that the success of infrastructure projects is dependent not just on technical considerations, but also on the importance of a fair and inclusive land acquisition process. Discrepancies in compensation values can cause social resistance, impeding projects and undermining community trust in government policy. The study also emphasises the significance of providing communities with a better legal awareness of their rights and land acquisition methods in order to avoid misinformation to their disadvantage. This study is unique in that it focuses on social disputes caused by variations in compensation values in toll road projects, as well as how participatory land acquisition techniques can affect project success. This study provides new insights into the relevance of including social issues in land.
Causes and Resolution of Buleleng Bali Customary Land Disputes Siregar, Sheila Ananda; Damanik, Dilla Elfira; Siahaan, Albert Lodewyk
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 4 No. 3 (2025): JULY
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v4i3.1726

Abstract

This study aims to examine the causal factors and mechanisms for resolving customary land disputes in Buleleng Regency, Bali. This research uses a qualitative method by collecting information from various sources such as legal regulations, previous research results, and literature studies. The novelty of this research lies in its focus on the role of Pakraman village as a customary institution in resolving disputes through mediation based on customary law (Awig-awig), as well as the collaborative approach between the community, customary institutions, and the government in handling land conflicts. The results show that customary land disputes in Buleleng are triggered by various factors including community ignorance of the legal status of customary land, unclear land boundaries, and increasing economic value of land. Conflict resolution is carried out through customary mediation with the stages of verification of reports, summoning parties and witnesses and custom-based decision-making. The conclusion of this research is that legal education, participatory mapping, land certification, and strengthening local regulations are very important to prevent conflicts and realise legal certainty for indigenous peoples in the management of customary land.