Aspek Hukum Ganti Rugi Tanah untuk Penanganan Bencana Pasca Gempa di Kabupaten Nias (Studi pada di Kecamatan Gunungsitoli

Abstract

The Natural Disaster in the region of Nanggroe Aceh Darussalam (NAD) and the Nias Island, North Sumatra, on December 26 2004 resulted in damage to most infrastructure and housing in this territory. This disaster was followed with the occurrence of the earthquake in the Nias territory and the surrounding island on March 28 2005. Damage was still happening in the territory the affected coast the direct impact of the earthquake disaster and the tsunami. Besides this damage also happened in the other territory that only was caused by the earthquake, but the continuation earthquake with the strength achieved 8.7 scales reichter caused damage that was difficult enough especially in the Nias Island and Simeulue. Damage and this housing of the infrastructure system caused the decline in the capacity of the infrastructure service drastically in NAD and the Nias Island. The continuation disaster took the fonn of the tectonic earthquake had the force of 8.6 Rechter scales that happened on March 28 2005 in Nias North Sumatra was a natural disaster that was not inferior touching and caused fatalities, property as well as various of the public's other facilities. Saw the background above, then could be formulated by the problem of the status of the land law or the land that was owned by the inhabitants who above were met the building that experienced damage or destruction post the occurrence of the earthquake and the tsunami in the Nias Regency furthermore how the policy and the regulation of compensation of the inbabitants's land for the handling of the disaster post the earthquake in the Nias Regency. To answer this problem the researcher made u e of the methodology of the research that was shaped like a research juridical normative th.at covered the upper study of various instruments of the law that arranged the aspect of the law of land compensation in the handling of the disaster post the earthquake in the Nias Regency. This research will also take the location in the Gunung Sitoli City the Regency Nias North Sumatra, that was the area of the earthquake disaster that was stated as the regional disaster that quite often took fatalities. With the study of literature that gave priority to available legal materials his relations with the problem of land compensation as well as the handling of the disaster post the earthquake in Nias. Results of this research will produce the conclusion that the Status of the law of the community's land that above was received the broken building would the earthquake disaster did not bring the upper change in the status of the law was meant because of the earthquake disaster that happened in the Nias Regency generally to not change the physical condition for the land; the status of upper ownership of the community's Nias land be classed as not all that paid attention to the assurance of the right foundation to the land whether that proprietary rights, the Right for efforts, the Right for the Building, and the other rights, this was proven by the low level of the registration figure of the land in the Body office Land the Nias Regency; the status of the regulation of the rights to the land especially towards land compensation for the development activity post the earthquake disaster nationally was not yet arranged in detail especially that be related to with land compensation. The activity of land compensation for the development activity in the Nias Regency experienced the increase that very fast in connection with the implementation of rehabilitation efforts and the good reconstruction that were carried out by the government and the other side. Saw results of the conclusion then the researcher gave input and the suggestion that is remembering the small size of the registration figure of the land with the right foundation as ownership proof that happens in the Nias Regency it was hoped to the community generally to change the attitude and the behaviour of carelessness of the upper law of aspects the land because although the status of ownership of the available land was inside received the broken building was not based by the status of his ownership was upper legal authentic proof like proprietary rights, HGB, HGU and the other rights. His relations with efforts of land compensation for the development activity for the interests of the public who inside was related to efforts to create the safety of the public in the prevention management and the control of the disaster in the 1ias Regency must pay attention to aspects of justice was based on the provisions of the current law as in arranged in the number Presidential Regulation 36 in 2005.