Aspek Keadilan Pengaturan Pemberian Ganti Rugi dalam Pengadaan Tanah untuk Pembangunan bagi Kepentingan Umum

Abstract

The demand for land in the context of public-interest development is growing, but the supply of land is limited. Fairness and compensation mechanisms are usually challenging in the purchase of property for public use. The goal of this research is to look at the rule's fairness elements as well as the method for awarding compensation in the purchase of property for public development. This study is normative and prescriptive, with a regulatory and conceptual approach. The study's findings revealed that a) the fairness aspect in the regulation of land acquisition for development in the public interest must provide a guarantee of proper replacement, as stipulated in Law Number 2 of 2012 concerning Land Acquisition for Development in the Public Interest, Law Number 11 of 2020 concerning Job Creation, Indonesian Assessment Standard 204, and other land acquisition laws and regulations. And b) the compensation mechanism is implemented when the assessment is finished by the Indonesian Assessment Standard 204, Law Number 11 of 2020 about Job Creation, discussions, and validation activities. The payment can be made in Rupiah, as agreed upon by the Land Acquisition Committee and the community, and then transferred to a bank account designated by the government. Keywords: Indemnity; Land Acquisition; Public Interest Development