Tinjauan Yuridis Undang-Undang Nomor 2 Tahun 2012 Tentang Pengadaan Tanah Bagi Pembangunan Untuk Kepentingan Umum

Abstract

Land procurement is the Government to acquire land for a variety of development activities, particularly for the public interest. In principle the provision of land is carried out by means of discussion between the parties requiring holders of land and land rights. In practice not uncommon disputes between Government by the community or by private parties. To examine more deeply about how the procurement arrangements for the development of land for the public interest pursuant to Act No. 2 of 2012, and how the synchronization between the presidential Regulation No. 71 in 2012 with Act No. 2 in 2012, then need to do a better research. The research method used is the juridical normative approach, the approach towards the issue by way of a notice in terms of the applicable legislation and the fact that the situation occurred, in particular laws and regulations associated with the provision of land for the construction of the public interest. Then the whole data processed, analyzed and interpreted logically, systematically using the deductive method. Based on the results of research, it turns out the ground for the construction of the procurement arrangements for the public interest pursuant to Act No. 2 of 2012 was carried out or organized through several phases, including planning, preparation, implementation, and delivery of results. Before determining the awarding of damages the Parties shall conduct deliberation about the determination of damages. That the sync between presidential Regulation No. 71 in 2012 with Act No. 2 of 2012 looks with the imperatives of any establishments that require the land to development for the benefit of the public, procurement planning documents to assemble the land, that the object of the procurement of land which has been deposited to replace local District Court on harm and land objects has been awarded damages, the legal relationship between the parties who are entitled to the land being lost. It is therefore suggested, when there are constraints regarding land prices which are not accepted by the owner because it does not correspond to the market price or the price expected by government money that is deposited in the compensation Court Affairs (consignment), and that the implementation of regulations or directives implementation should be made keeping in heeding the interests of citizens whose land affected by the development projects