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Journal : Amicus Curiae

PEMBERIAN GANTI KERUGIAN DALAM PENGADAAN TANAH DI BAWAH 5 (LIMA) HEKTAR DI KOTA BEKASI (STUDI KASUS PROYEK PEMBANGUNAN INSTALASI PENGELOLAAN AIR (IPA)): Granting of Compensation in Land Procurement under 5 (Five) Hectars in Bekasi City (Case Study of Water Management Instalation Development Project) Sari, Fary Fitriana Gita; Sihombing, Irene Eka
AMICUS CURIAE Vol. 1 No. 2 (2024): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v1i2.19741

Abstract

The purpose of this study is to describe the provision of compensation in land acquisition under 5 (five) hectares in Bekasi City and in this case makes the author conduct further research with the formulation of the problem whether the process of providing compensation in land acquisition under 5 (five) ) hectares in Bekasi City (Case Study of the Water Management Installation Project Development Project is in accordance with Law Number 2 of 2012 and how to provide compensation in the procurement of land under 5 (five) hectares in Bekasi City (Case Study of the Installation Construction Project Water Management in terms of the position of the community with ownership status of Freehold Land and State Land.The research conducted is normative legal research, with the nature of descriptive research, the type of data used is secondary data.The research is conducted qualitatively by drawing deductive logical conclusions. The results of the research are that the process of providing compensation to the project is in accordance with Law Number 2 of 2012, but in the process of providing compensation there are obstacles at the deliberation stage where the community objects to the results of the compensation assessment and also to the people who use the land and constructing buildings on state land The author's conclusion regarding the obstacles that have occurred have been resolved by the land procurement committee.
GANTI KERUGIAN PENGADAAN TANAH LRT JABODEBEK TERHADAP BANGUNAN PENGGARAP DI ATAS TANAH BUMN: Compensation For LRT Jabodebek Land Acquisition For Cultivator Buildings on BUMN-Owned Asset Land Medianti, Innayah Rahmatunisa; Sihombing, Irene Eka
AMICUS CURIAE Vol. 1 No. 4 (2024): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/mbbkxf42

Abstract

Land acquisition for the construction of the Jabodebek LRT Phase I needs to be considered about proper and fair compensation for those who are entitled. The main issues discussed are the mechanism for providing compensation to buildings on BUMN land assets affected by the Jabodebek LRT Phase I construction and how to resolve compensation for cultivator buildings whose ownership is still disputed over BUMN asset land. Regarding the compensation mechanism for land acquisition, it is regulated in Article 28-41 of Law No. 2 of 2012. In addition, the cultivator's building covering an area of ​​29 m2 could not be given directly because there was no agreement on the resolution of the ownership dispute. In conclusion, compensation was deposited at the local district court in accordance with Article 42 paragraph (2) letter b and settlement of compensation for the disputed cultivator's building with Decision Number 45/Pdt.G/2021/PN.Ckr. It should be given directly if there is a prior agreement to resolve the ownership dispute and the cultivator provides detailed proof of building ownership