PERIHAL GANTI KERUGIAN DALAM RANGKA PEROLEHAN TANAH UNTUK PEMBANGUNAN: INKONSISTENSI NORMATIF DAN REALITAS PENYIMPANGAN

Abstract

AbstrakThis article is being aimed to deliver more clarification concerningcompensation aspect in land acquisition for public interests in Indonesia.Many land cases and disputes are ensued and persisting ' through manypublic interest projects. Government of the Republic Indonesia has issuedsuch regulation since decade of 1970 until the recent that is intentioned tojust process in land acquisition. The two last Presidential Regulations(number 36 year 2005 and number 65 year 2006) are issued negotiationprocess and consensus between land owner and committee of landacquisition (P2T) have not reflected justice. Inequality is appeared bylimitation of consent given by land owner is only 120 days and then after thatperiod P2T be deemed has authority to occupy the land and do such clearingwithout needs landowner permit. That authority is based on those regulationsby deposit sums of money at district court as well known as "consignatie ".Consignatie itself is as payment method solution under Indonesia Civil Codefor any contractual scheme which ought not applicable through unsuccessfulnegotiation between landowner and P2T clear different transaction to theCivil Code.