Akibat Hukum Pengadaan Tanah dengan Tiadanya Kesepakatan Ganti Rugi Tanah Berdasarkan Putusan Pengadilan Negeri Banjarbaru Nomor 16/pdt.g/2020/pn/bjb

Astasari, Virgiani Anindita (2022) Akibat Hukum Pengadaan Tanah dengan Tiadanya Kesepakatan Ganti Rugi Tanah Berdasarkan Putusan Pengadilan Negeri Banjarbaru Nomor 16/pdt.g/2020/pn/bjb. Masters thesis, University of Surabaya.

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Abstract

The research entitled Legal Consequences of Land Procurement With No Agreement on Land Compensation Based on the Banjarbaru District Court Decision Number 16Pdt020Pn.Bjb, is based on the fact that compensation for the release of land rights for development is not in the public interest, but the Committee land acquisition has submitted the results to the agency that requires the land. The problems discussed are what are the legal consequences of land acquisition for development in the public interest in the absence of an agreement in land acquisition and what are the forms of legal protection for land rights holders in land acquisition for development in the public interest in the absence of land compensation agreements. The discussion using the normative method concluded that: Land procurement for development in the public interest in the absence of a compensation agreement refers to Article 18 of the UUPA that land parcels can be revoked or released by providing appropriate compensation and in a manner regulated by law as referred to in Article 18 18 UUPA. Associated with the concept of 3 in 1 in the land acquisition, land acquisition for development for the public interest through 3 three points, namely the starting point, which is the stage of land licensing ocation determination, the decision point, namely the stage of land control release of rights with compensation. and the product point, namely the land certification stage hak use. The concept of land tenure with an agreement to provide compensation, is carried out directly as Article 37 of Law no. 2 of 2012. Land area of 8,470 m2 approximately eight thousand four hundred and seventy square meters, SHM No. 17117304101077 Kelurahan Palam on behalf of Ropingah, has not yet reached an agreement regarding compensation. However, the land agency has submitted the results of the Land Procurement to the Agency that requires the land. Release of Rights without compensation according to Article 48 in conjunction with Article 41 paragraph 2 letter a of Law no. 2 of 2012 null and void. The form of legal protection for land rights holders in land acquisition for development for the public interest in the absence of a compensation agreement, the aggrieved party can file a lawsuit in the district court as referred to in Article 38 of Law no. 2 of 2012, on the basis of unlawful acts committed by the authorities as stipulated in Article 1365 of the Civil Code. Legal protection for holders of land rights for the release of land without compensation is obtained by filing a lawsuit because preventive legal protection has not been successful.

Item Type:	Thesis (Masters)
Subjects:	K Law > K Law (General)
Divisions:	Postgraduate Programs > Master Program in Notary
Depositing User:	BAMBANG SEPTIAWAN
Date Deposited:	15 Sep 2022 06:57
Last Modified:	15 Sep 2022 06:57
URI:	http://repository.ubaya.ac.id/id/eprint/42558

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