PELAKSANAAN PENYELESAIAN GANTI RUGI MELALUI KONSINYASI PENGADAAN TANAH UNTUK KEPENTINGAN UMUM (Studi Kasus Pengadaan Tanah Proyek Jalan Tol Malang-Pandaan di Pengadilan Negeri Kota Malang)
| Main Author: | Windasari, Pitaloka |
|---|---|
| Format: | Thesis NonPeerReviewed Book |
| Bahasa: | eng |
| Terbitan: |
, 2019
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| Subjects: | |
| Online Access: |
http://eprints.umm.ac.id/53098/1/PENDAHULUAN.pdf http://eprints.umm.ac.id/53098/2/BAB%20I.pdf http://eprints.umm.ac.id/53098/3/BAB%20II.pdf http://eprints.umm.ac.id/53098/4/BAB%20III.pdf http://eprints.umm.ac.id/53098/5/BAB%20IV.pdf http://eprints.umm.ac.id/53098/6/LAMPIRAN.pdf http://eprints.umm.ac.id/53098/ |
Daftar Isi:
- The objective of this study is to find out the compensation process, compensation settlements, consignment compensation of land procurement for public interest especially for the development of Malang-Pandaan toll road at Malang city. The acquisition process will never escape the compensation issue. A discussion needs to be done with the existence of land acquisition or land procurement. If an agreement regarding the form and compensation is not reached, a consignment settlement is carried out at the district court. The compensation agreement that was not reached because of the calculation of the amount of compensation did not reflect the true value of the land and compensation of each person was different. Those obstacles made the government carried out a settlement through consignment to accelerate the land acquisition activity for the public interest. The result showed that land procurement process by the government did not meet the Provision of Article 13 of Law number 2 of 2012 on Land Procurement for Public Interest and Article 4 Paragraph (2) and (3) Ministerial Regulation No 72 of 2012 on the operational cost and supporting cost of the implementation of land procurement for public interest which comes from the regional income and expenditure budget. The discussion carried out by the government directly gave the compensation so the discussion only discusses whether or not to agree to compensation. If they disagree then the landowners can appeal in the district court. The discussion by the government should be done by negotiation process according to Law number 2 of 2012 on Land Procurement for Public Interest. Some efforts that can be done by the people who did not receive the compensation that is by file an objection or files an appeal in the district court. The land acquisition committee overcomes the compensation issue by playing an active role in government institutions through an approach to landholder/landowner. Moreover, the compensation settlements through consignment at Malang City District Court carried out by the government is in accordance with the Supreme Court Regulation No 3 of 2016.