Analisis yuridis terhadap pengadaan tanah bagi pembangunan untuk kepentingan umum (studi kasus pengadilan negeri kayu agung no: 84/pdt.P/2013/pn.Kag) = Judicial analysis to land acquisition for development for public interest (study case pengadilan negeri
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Institusion
Universitas Pelita Harapan
Author
Besouw, Alessandro Gabriel Zakarias
Subject
K Law (General)
Datestamp
2021-08-16 07:51:46
Abstract :
Land acquisition in Indonesia cannot be separated from conflicts and disputes. Conflicts and disputes have become the very common situation in society especially when they were pierced into remedy arrangements. The circumstances produce dominating question whether based on the existence of insufficient regulations, or the existence of unqualified authorized personnel, or the existence of the abuse of power for worse. The objective of this study is to describe the land acquisition dispute for toll road project from Palembang to Indralaya between M. Surip and land acquisition agency, by analyzing the verdict made by Kayuagung District Court where the position of the rightful party of the land is cornered by the agency which is by giving improper compensation and overriding the principle of law that regulated in land acquisition law number 2 year 2012. The writing of this study is based on legal approach, case approach and conceptual approach which is examines the laws and legal theory related to the case. Writer?s main concern is about application of the concept of deliberation in providing compensation for entitled party in land acquisition and the application of the fair and just principle in providing compensation for entitled party in land acquisition. In the conclusion, the conference that has been done is legally defect due to deviate from the rules and there is no application of the fair and just principle in providing compensation for entitled party in land acquisition.
Land acquisition in Indonesia cannot be separated from conflicts and disputes. Conflicts and disputes have become the very common situation in society especially when they were pierced into remedy arrangements. The circumstances produce dominating question whether based on the existence of insufficient regulations, or the existence of unqualified authorized personnel, or the existence of the abuse of power for worse. The objective of this study is to describe the land acquisition dispute for toll road project from Palembang to Indralaya between M. Surip and land acquisition agency, by analyzing the verdict made by Kayuagung District Court where the position of the rightful party of the land is cornered by the agency which is by giving improper compensation and overriding the principle of law that regulated in land acquisition law number 2 year 2012. The writing of this study is based on legal approach, case approach and conceptual approach which is examines the laws and legal theory related to the case. Writer?s main concern is about application of the concept of deliberation in providing compensation for entitled party in land acquisition and the application of the fair and just principle in providing compensation for entitled party in land acquisition. In the conclusion, the conference that has been done is legally defect due to deviate from the rules and there is no application of the fair and just principle in providing compensation for entitled party in land acquisition.
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