PERMASALAHAN PEMBAYARAN GANTI RUGI PENGADAAN TANAH BAGI PELAKSANAAN PEMBANGUNAN UNTUK KEPENTINGAN UMUM

Abstract

AbstrakThis paper discusses the issues related to land acquisition for the purpose ofbuilding public infrastructure. The land acquisition is carried out by theMinistry of government institution/Agency/Work Unit and funded by theNational or Regional State Budget pursuant to the Presidential RegulationNo. 36/2005 dtd. 3 May 2005 which is revised in Pressidential RegulationNo. 65/2006. The common problem arising is the prolonged land-valuerelated disagreement between the party employing the land acquisition andthe local community or individuals in possession of the land ownershiprights. Often are prices set by landowners far beyond the reasonable ceiling,while fund allocated for the land clearance is very limited. If after manyconsultations an agreement on price cannot be reached, the employer of theland acquisition will determine the form and amount of the compensationpayment and delegate its disbursement to the District Court (Consignment)with jurisdiction covering the land is dispute. This consignment institution isnot legally acknowledged and is contradictory to the state expendituremechanism, which requires public expenditure to be made against legitimatedocuments and proofs for its proper as well as rightful usage. Thedisbursement mechanism of payment made available from the National StateBudget, in particular the payment related to compensation of landacquisition Jar the purpose oj public infrastructure project, requires it to bemade directly to the bearer oj the land ownership rights after the land hasbeen declared as cleared. The receipt oj consignment made to the Courtcannot be considered as a legitimate proof or public expenditure