PENYELESAIAN SENGKETA PENGADAAN TANAH BAGI PEMBANGUNAN JALAN TOL KEDIRI-TULUNGAGUNG YANG BERKAITAN DENGAN WARIS OLEH BADAN PERTANAHAN NASIONAL KOTA KEDIRI

Hermawan, Yudi
Nurbaedah, Nurbaedah

MIZAN, Jurnal Ilmu Hukum
Vol 15 No 2 inpress (2026): Mizan: Jurnal Ilmu Hukum

The vulnerability of issues arising from land acquisition for public purposes requires a legal foundation that guarantees legal certainty in land settlement. One of the land acquisition problems for public purposes occurred in the construction of the Kediri–Tulungagung toll road, where the land release process faced obstacles due to inheritance disputes. The research problems in this study are: 1) How is the settlement of inheritance-related land acquisition disputes for the construction of the Kediri–Tulungagung toll road carried out by the National Land Agency of Kediri City? 2) What are the inhibiting and supporting factors in resolving inheritance-related land acquisition disputes for the construction of the Kediri–Tulungagung toll road by the National Land Agency of Kediri City? This study employs an empirical legal research method. The findings of this research are: 1) The settlement of inheritance disputes in land acquisition for the construction of the Kediri–Tulungagung toll road is carried out through mediation and consignment, as stipulated in Articles 43 and 44 of the Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency of the Republic of Indonesia Number 21 of 2020 concerning the Handling and Settlement of Land Cases, Articles 42 and 43 of Law of the Republic of Indonesia Number 2 of 2012 concerning Land Acquisition for Development in the Public Interest, as well as Articles 128 and 129 of the Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency of the Republic of Indonesia Number 19 of 2021 concerning the Implementation of Government Regulation Number 19 of 2021 on Land Acquisition for Development in the Public Interest. 2) The inhibiting factor in resolving land acquisition disputes for the construction of the Kediri–Tulungagung toll road is the legal culture factor, while the supporting factor is the legal factor, particularly the existence of various regulations concerning consignment.