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All Journal Jurnal Hukum dan Peradilan Jurnal Hukum dan Pembangunan
Nurhasan Ismail
Fakultas Hukum Universitas Gajah Mada Yogyakarta Jl. Sosio Justicia Bulaksumur Yogyakarta
Economics, Econometrics & Finance Environmental Science Law, Crime, Criminology & Criminal Justice

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STATUS KEPEMILIKAN DAN PEMANFAATAN TANAH GRONDKAART DI STASIUN DEPOK BARU, LENTENG AGUNG, DAN TANJUNG BARAT Sulistiowati, Sulistiowati; Ismail, Nurhasan; Rahman, Taufiq El
Jurnal Hukum & Pembangunan
Publisher : UI Scholars Hub

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Abstract

The disputes over land ownership and utilization of Grondkaart for Railway activities between the government and PT KAI should not have occurred due to both having the same vested interest for the state. However, the reality shown that land ownership dan agreement status on land use with the third party. Through the qualitative analysis, the research findings: First, land originating from Grondkaart at the location still belongs to the goverment due to the land still holding the status of the right to use or Hak Pakai during the course of the time the land used by the Government and the land participation as a capital in PT KAI before the process of handling the right of land ownership; Second, there is a difference in the legalty of the land use agreement with a third party, namely the agreement made by PT KAI that does not fulfill 2 (two) legal requirements within the agreement, namely the ability to act and on the agreement and the legality of the clauses, meanwhile the agreement taht should be enacted by the government should fulfill all the valid requirements of the agreement.
National Strategic Projects and Compensation Issues in Land Acquisition in Indonesia: A Justice Theory Perspective Pattra, Lerri; Ismail, Nurhasan; Wibowo, Richo Andi
Jurnal Hukum dan Peradilan Vol 14 No 1 (2025)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.14.1.2025.1-28

Abstract

The compensation issue is still one of the factors inhibiting development in Indonesia. The government must develop to establish a flourishing society, as required by Pancasila and the Constitution. The government implements National Strategic Projects and initiatives designed to foster growth and equitable development, increase employment opportunities, and enhance community welfare. Limited land control by the government means that the government also needs land owned by the community. When it comes to inland procurement for development, the community whose land rights are impacted by the national strategic project is nearly always unhappy, especially regarding loss compensation. The most complicated and contentious part of taking land for public use is usually the compensation for losses that arise when the government purchases a piece of land. The limited government budget for building infrastructure and restrictions on regulations for using other state finances have caused the government to look for forms and amounts of compensation that can provide a sense of fairness and worth to the community without burdening state finances. Upholding respect for human rights is acknowledged as a form of protection offered by the state to its citizens in Indonesia, a country that upholds the rule of law. This protection extends to situations where the state takes over community land to be used for development in the public interest. The strategies put out to resolve the land acquisition dispute are grounded in the idea of social justice, which is still relevant and evolving in the Indonesian culture of society.
Co-Authors Heri Listyawati Hisyam Makmuri Mr. Suyitno Pattra, Lerri Rafael Edy Bosko Richo Andi Wibowo Siti Zubaidah Sulistiowati Sulistiowati Taufiq El Rahman