PERLINDUNGAN HUKUM BAGI PEMEGANG HAK ATAS TANAH MENGENAI GANTI RUGI PADA TANAH SISA YANG TIDAK DIGANTI AKIBAT PENGADAAN TANAH UNTUK KEPENTINGAN UMUM PADA PEMBANGUNAN JALAN TOL PEKANBARU BANGKINANG

Abstract

In land acquisition, providing adequate and fair compensation for remaining land
resulting from development for the public interest is a form of legal protection for land rights
holders. However, what happened during the construction of the Pekanbaru-Bangkinang Toll
road was that compensation for the remaining land belonging to a land rights holder was not
assessed by the land procurement executive involved. therefore, the aim of this thesis research
is: first, to find out why the remaining land belonging to the land rights holder was not
compensated by the land acquisition executive committee and the appraisal team during the
construction of the Pekanbaru-Bangkinang Toll Road. Second, to find out legal protection
efforts for land rights holders regarding settlement of compensation for remaining land that
was not replaced due to land acquisition for public purposes during the construction of the
Pekanbaru-Bangkinang Toll road.
This research is classified as a type of sociological juridical research. With the
research location at the Regional Office of the Riau Province National Land Agency and the
Abdullah Fitriantoro and Pekanbaru Public Appraisal Services Office, the population and
sample are all parties related to the problem under study. This research uses data sources in
the form of primary data and secondary data, and data collection techniques are carried out
by means of non-structured interviews.
From the research results, there are two main things that can be concluded. First, the
reason why the remaining land belonging to the land rights holder was not compensated by
the land acquisition executive committee and the appraisal team during the construction of the
Pekanbaru-Bangkinang Toll Road, because based on the results of the inventory and
identification, it was stated that the remaining land belonging to the land rights holder could
still be utilized and had not lost its economic value, so the land procurement implementing
committee decided that the remaining plot of land was not included in the remaining land
criteria. As a result, the assessment team did not assess compensation for the remaining land.
Second, the legal protection measure for land rights holders regarding the settlement of
compensation for remaining land that has not been replaced as a result of land acquisition for
public purposes during the construction of the Pekanbaru-Bangkinang Toll Road is to file a
lawsuit with the District Court, then if the land rights holder still objects to the Court's decision
The State can file a cassation with the Supreme Court in an effort to maintain its rights to the
remaining land it owns. The decision of the District Court/Supreme Court which has legal force
remains the basis for payment of compensation for the remaining land to the land rights holder.
Keywords: Legal Protection - Compensation - Residual Land