JUSTICE IMPLEMENTATION OF COMPENSATION FOR LAND ACQUISITION BY PUBLIC APPRAISAL SERVICE OFFICE
DOI:
https://doi.org/10.17605/OSF.IO/V75CKKeywords:
justice, compensation, land acquisition, KJPP.Abstract
The Land Procurement Law only mentions what objects must be taken into account in carrying out an assessment of land, but does not explain in detail the procedure for determining the nominal value of the land. In addition, the Land Procurement Law states that the amount of compensation is determined from the results of the assessment from the appraisal team. The formulation of the problem in this study is how to resolve disputes in land acquisition assessed by KJPP without any comparison for land acquisition in the public interest? and how is the fairness of giving compensation for land acquisition which is assessed by the Public Appraisal Service Office (KJPP)? This research is a normative juridical research with a statutory and case approach. The source of legal materials in this study is secondary data consisting of primary, secondary and tertiary legal materials using library-based legal materials collection techniques. The analysis of legal materials used is systematic interpretation. The theory used in this research is the theory of dispute resolution according to Yahya Harahap and the theory of justice according to John Rawls. The results of the study indicate that the settlement of disputes in land acquisition assessed by KJPP without any comparison for land acquisition in the public interest, namely the party entitled as the owner of the object of land acquisition can file an objection to the local District Court whose jurisdiction covers the location of the object of the Land Procurement within the longest period of time. 14 (fourteen) working days after the deliberation on the determination of Compensation. In addition, an objection to the amount of compensation must be submitted to the two agencies, in this case the agency, namely the Regional Office of the National Land Agency and the Ministry of Public Works and Public Housing of the Republic of Indonesia
Downloads
Published
Issue
Section
License
This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.
Under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License (CC BY-NC-ND 4.0 DEED).
You are free to:
- Share — copy and redistribute the material in any medium or format
- The licensor cannot revoke these freedoms as long as you follow the license terms.
Under the following terms:
- Attribution — You must give appropriate credit , provide a link to the license, and indicate if changes were made . You may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.
- NonCommercial — You may not use the material for commercial purposes .
- NoDerivatives — If you remix, transform, or build upon the material, you may not distribute the modified material.
- No additional restrictions — You may not apply legal terms or technological measures that legally restrict others from doing anything the license permits.
Notices:
You do not have to comply with the license for elements of the material in the public domain or where your use is permitted by an applicable exception or limitation .
No warranties are given. The license may not give you all of the permissions necessary for your intended use. For example, other rights such as publicity, privacy, or moral rights may limit how you use the material.
Rights of Authors
Authors retain the following rights:
1. Copyright and other proprietary rights relating to the article, such as patent rights,
2. the right to use the substance of the article in future works, including lectures and books,
3. the right to reproduce the article for own purposes, provided the copies are not offered for sale,
4. the right to self-archive the article.
