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All Journal International Journal of Educational Research and Social Sciences (IJERSC)
Gusti Ayu Kade Harry Adhisukmawati, I
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Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Fairness Aspects Of Compensation Arrangements In The Acquisition Of Land For Development For The Public Interest Gusti Ayu Kade Harry Adhisukmawati, I; Gusti Ayu Ketut Rachmi Handayani, I; Karjoko, Lego
International Journal of Educational Research & Social Sciences Vol. 4 No. 1 (2023): February 2023
Publisher : CV. Inara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51601/ijersc.v4i1.606

Abstract

The need for land for development for the public interest is increasingly urgent, while the supply of land is increasingly limited. The fairness and redress mechanisms in the land acquisition are often fraught with problems. This study aims to analyze the fairness aspects of the regulation and the mechanism for providing compensation in the acquisition of land for development for the public interest. This research is normative, and prescriptive, with a regulatory and conceptual approach. The results of the study found that a) the fairness aspect of land acquisition arrangements for the public interest can be seen from the guarantee of adequate compensations stipulated in Law Number 2 of 2012 concerning Land Acquisition for Development for Public Interest, Law Number 11 of 2020 concerning Job Creation, Indonesian Assessment Standard 204, and other laws and regulations that relating to land acquisition. And b) the mechanism for providing compensation is carried out after the assessment is by the Indonesian Assessment Standard 204, Law Number 11 of 2020 concerning Job Creation, deliberations, and validation activities are completed. The payment given can be in the form of money in Rupiah as agreed by the Land Acquisition Committee and the community, then it can be given through a bank account appointed by the Government.
Validity Of Assessment Policy On Land Acquisition For Development In The Public Interest Gusti Ayu Kade Harry Adhisukmawati, I; Gusti Ayu Ketut Rachmi Handayani, I; Karjoko, Lego
International Journal of Educational Research & Social Sciences Vol. 4 No. 2 (2023): April 2023
Publisher : CV. Inara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51601/ijersc.v4i2.629

Abstract

The acquisition of land for development for the public interest is a manifestation of the social function of land rights which is seen as the first step in the implementation of development to improve community welfare. Problems in the process of acquiring land for development for public interest often occur due to inappropriate forms and amounts of compensation applied. This study aims to analyze the validity of assessment policies on land acquisition for development in the public interest. This research is normative, and prescriptive, with a legislative and conceptual approach. The results of the study found that land acquisition for the implementation of development the or public interest is carried out by releasing or surrendering land rights, while still providing protection and implementing the principle of respect for parties affected by land acquisition. The determination of the amount of compensation is carried out by the Public Appraiser as a professional Independent Appraiser who has received a license from the Minister. The assessment is carried out by the Assessor based on the Indonesian Assessment Standard 204. The indicator that forms the basis for the validity of the assessment policy on land acquisition for development in the public interest is appropriate compensation to replace with appropriate land in terms of value, benefits, and ability of replacement land, providing plus value, and the community gets the opportunity to live a better life.
Co-Authors Gusti Ayu Ketut Rachmi Handayani, I Lego Karjoko