PELAKSANAAN PEMBERIAN GANTI RUGI KEPADA PEMEGANG HAK ATAS TANAH DALAM PENGADAAN TANAH UNTUK KEPENTINGAN UMUM (STUDI KASUS PUTUSAN KONSINYASI NO.13/ PDT.P/KONS/2017/PN.PBR)

Abstract

Infrastructure development in this case the highway itself is still very much needed as
a means of supporting land transportation to help the economy in the community. The
increasing volume of commercial land transportation vehicles (motorbikes, cars), public
transportation (buses, minibuses) and freight transportation (trucks) certainly requires a
lot of land / land so that there is no overcrowding of vehicles, especially during peak hours
that occur sustainably. In carrying out this infrastructure development, parties who need
land can use the other party's land rights by seeking approval from the land rights holder.
Parties who need land can be pursued through the transfer of rights in the form of buying
and selling, or the release of land rights by the holder by providing compensation by the
parties who need the land to the holder of the land rights. To anticipate land disputes and
conflicts that will occur, legal tools and a neat and orderly land administration system are
needed, so as to guarantee and be able to provide legal protection to land rights owners
and can regulate the ownership, transfer and allotment of land in a fair and
comprehensive manner.
Research using a type of Empirical Juridical research or Legal Sociology research is
an approach used to see something legal reality in society. The Sociology of Law approach
is an approach used to look at legal aspects in social interaction in society and serves as a
support for identifying and clarifying findings of non-legal materials for the purposes of
legal research or writing.
From the results of the first study, the implementation of the provision of
compensation to land rights holders based on convoluted Consignment Decisions cannot
be proven due to misunderstandings starting from the preparation stage, implementation,
to submission of results and the implementation of the compensation process has been
carried out in accordance with laws and regulations. The lack of public understanding and
the laws governing the reference point of land assessment make this compensation process
time-consuming and do not show transparency of justice in question. Secondly, The
implementation of compensation is hampered because there are parties who refuse the
amount of compensation offered by the land acquisition implementation team with the
results of calculations from an independent. There is a discrepancy between the name of
the previous land title holder and the current land owner, and the constraints of finding the
owner of the land because the owner who has died or has also moved his domicile makes
the provision of compensation entrusted in court (consignment)
Keywords: Consignment - Land Acquisition - Land Rights - Compansation