REVIEW OF LEGAL CERTAINTY JURISCICTION OVER LAND ACQUISITION: A CASE STUDY OF LIBERATION OF TOLL ROAD MEDAN CITY - TEBING TINGGI

FIKRI RIZKI, M YAMIN, MARIATI ZENDRATO

Abstract


ABSTRACT

REVIEW OF LEGAL CERTAINTY JURISCICTION OVER LAND ACQUISITION: A CASE STUDY OF LIBERATION OF TOLL ROAD MEDAN CITY - TEBING TINGGI

Fikri Rizki. *)

Prof. Dr. M. Yamin, S.H., M.S., C.N. **)

Mariati Zendrato, S.H., M.Hum. ***)

National development is a reflection of the will of the people of Indonesia to constantly improving the welfare and prosperity of fair and equitable manner. Each development activity, whether physical, always need land as a container of the development activity, while the demand for land in the construction period is greatly increased due to generally hold almost all sectors of development. Therefore, the government held or provide a land-based BAL, with policies through the provision of land for public purposes aimed to achieve progress and prosperity for all people physically and mentally.

This study aims to determine the mechanism for the implementation of land acquisition for the government in terms of legislation on land acquisition (the study of land acquisition motorway Medan-Tebing Tinggi, Deli Serdang), constraints in the procurement of the land, and the form of legal certainty in the implementation of the land acquisition. This research focuses on empirical juridical, which is a legal research methods that serve to see the application of the law in the field and examine how the workings of law in society. Analysis of the data in this paper is to use qualitative data, which is an analysis of the data clearly and described in the form of sentences that describe in detail and systematic use of data of primary, secondary, and tertiary as well as structured interviews in order to obtain a clear picture related to the this thesis.

The conclusion of this study indicate that the implementation of land acquisition motorway Medan-Tebing Tinggi has been run in accordance with the laws and regulations that are used, the Law of the Republic of Indonesia Number 2 Year 2012 on Land Procurement for Development for Public Interest Law Republic of Indonesia Number 5 of 1960 on Basic Agrarian Law, Presidential Decree No. 71 Year 2012 on the Implementation of Land Procurement for Development for Public Interest, Regulation of the National Land Agency of the Republic of Indonesia Number 5 of 2012 on Land Procurement Technical Guidelines. However, the implementation of the authority of both the authority BPN and local authorities are still not effectively implemented and the supervisory authority also has not been effective for many local residents do not understand the law.

Keywords: Land Acquisition, Legislation.

*) Student Faculty of Law Universitas Sumatera Utara

**) Supervisor I, Lecturer Faculty of Law Universitas Sumatera Utara

***) Supervisor II, Lecturer Faculty of Law Universitas Sumatera Utara


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