Claim Missing Document
Check
Articles

Found 2 Documents
Search

Kepastian Hukum Pelaksanaan Ganti Rugi Pengadaan Tanah Bagi Pembangunan Untuk Kepentingan Umum Jannah, Siti Miftahul; Fanciska, Wira; Mau, Hedwig A.
CENDEKIA : Jurnal Penelitian dan Pengkajian Ilmiah Vol. 2 No. 3 (2025): CENDEKIA : Jurnal Penelitian Dan Pengkajian Ilmiah, Maret 2025
Publisher : Lembaga Pendidikan dan Penelitian Manggala Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62335/cendekia.v2i3.1061

Abstract

Land is a fundamental human need, both for housing, livelihood, and various development needs. Therefore, land is categorized as a natural resource controlled by the state as regulated in Article 33 paragraph (3) of the 1945 Constitution. The state has the authority to regulate land management for the welfare of the people, including in the context of infrastructure development which often requires land acquisition. However, in practice, the land acquisition process for public interest often causes problems, especially related to the provision of fair compensation for land owners. The imbalance between das sein and das sollen in this study is that there is still legal uncertainty in the implementation of compensation for land acquisition for development in the public interest. Therefore, this study focuses on the analysis of legal certainty in the mechanism for providing compensation for land acquisition in DKI Jakarta Province, with the hope of contributing to the improvement of regulations and land acquisition practices that are fairer and more transparent. The formulation of the problem raised in this study is how to implement compensation for land acquisition for development in the public interest and how to ensure legal certainty in the implementation of compensation for land acquisition for development in the public interest. In this study, the author uses the theory of legal certainty and the theory of authority.The research method used is the normative legal approach. This study uses the statute research approach and the analytical approach which in principle originates from primary legal materials consisting of laws and norms or legal rules, secondary legal materials consisting of books, research results, articles and tertiary legal materials from libraries, articles and websites. The legal material analysis technique uses grammatical interpretation techniques.The results of this study show that the implementation of compensation consists of the planning, implementation and results stages. Related to land acquisition for public interest in this case the normalization of the Ciliwung River, sourced from the APBD, namely through the DKI Provincial Government, so that in its implementation it is guided by the Governor's Regulation Number 82 of 2017, in which in the Governor's Regulation compensation is given after the release of rights by the land owner and there is a difference regarding the provision of compensation for land acquisition where based on the Regulation of the Minister of ATR/BPN Number 19 of 2021, compensation is given together with the release of rights, based on the Governor's Regulation Number 82 of 2017, compensation is given after the land owner has first released his land ownership rights, this is one of the obstacles in the implementation of land acquisition for development in the public interest in the Ciliwung River normalization activity. Suggestions are that regional governments in making regional regulations should not conflict with statutory regulations so that there is no confusion in implementing them in the field and it is necessary to harmonize the Regulation of the Minister of ATR/BPN Number 19 of 2021 with the Regulation of the Governor Number 82 of 2017 considering that a regulation that is made must meet the values of certainty, justice and benefit
Penyelesaian Sengketa Pemberian Ganti Kerugian Dalam Pengadaan Tanah Bagi Pembangunan Untuk Kepentingan Umum Atas Tanah Hak Guna Bangunan Diatas Hak Pengelolaan Dikaitkan Dengan Asas Kepastian Hukum Santoso, Purwanto Budi; Fanciska, Wira; Atmadja, Dhody. AR. Widjaja
CENDEKIA : Jurnal Penelitian dan Pengkajian Ilmiah Vol. 2 No. 3 (2025): CENDEKIA : Jurnal Penelitian Dan Pengkajian Ilmiah, Maret 2025
Publisher : Lembaga Pendidikan dan Penelitian Manggala Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62335/cendekia.v2i3.1062

Abstract

Based on Article 33 paragraph 3 earth, water and Natural Resources under it are controlled by the state for the greatest prosperity of the people, from controlling the state issued various land rights. For the benefit of the nation, state and society the right to land can be revoked by providing appropriate compensation and in a manner regulated by law. 1 the problem to be examined in this thesis is how the dispute settlement compensation in the procurement of land for development for the public interest over land rights to building above the right of management and how the legal certainty, through the theory of legal certainty of Jan Michael Otto. The method used in this study is juridical-normative with the support of interviews, namely legal literature research with sources of primary, secondary and tertiary legal materials and with the support of interviews of several speakers. The research approach used is legislation approach, analytical approach, conceptual approach and legal material collection technique is done by identifying the literature of books, journals and other sources of legal materials. For technical analysis of legal materials is carried out by 1)grammatical interpretation, 2) systematic interpretation and analysis of data using quantitative. Based on the results of research with the object of land acquisition for the public interest HGB above HPL in Cilacap industrial estate and land procurement Jakarta-Bandung high speed rail project in Karawang concluded that the process of land acquisition has been held in accordance with procedures stipulated in Law No. 2 of 2012 and its derivatives, but there are still holders of HGB above HPL who feel dissatisfied and file objections and lawsuits so that disputes arise. This is because HGB holders on HPL do not fully understand the provisions stipulated in the legislation on land acquisition for development for the public interest. Among them are the objects of land acquisition that are given compensation and the sources used in determining the amount of compensation. Settlement of compensation disputes through deliberation cannot reach an agreement. Settlement through the court, the District Court and the Supreme Court provide a decision on the amount of compensation for the dispute in accordance with the results of the kjpp assessment. With the decision, the settlement of the dispute in question has also provided legal certainty for the community (the right party) to obtain their rights in accordance with the laws and regulations