Proceedings of the 2nd Multidisciplinary International Conference, MIC 2022, 12 November 2022, Semarang, Central Java, Indonesia

Research Article

Law Renewal on the Process of Leftover Land Compensation in Land Aquisition for Construction in Public Necessity

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  • @INPROCEEDINGS{10.4108/eai.12-11-2022.2327302,
        author={Dwi Kusumo Wardhani and Faisal  Santiago and Evita Isretno Israhadi},
        title={Law Renewal on the Process of Leftover Land Compensation in Land Aquisition for Construction          in Public Necessity},
        proceedings={Proceedings of the 2nd Multidisciplinary International Conference, MIC 2022, 12 November 2022, Semarang, Central Java, Indonesia},
        publisher={EAI},
        proceedings_a={MIC},
        year={2023},
        month={2},
        keywords={compensation; leftover land; land acquisition; state control rights},
        doi={10.4108/eai.12-11-2022.2327302}
    }
    
  • Dwi Kusumo Wardhani
    Faisal Santiago
    Evita Isretno Israhadi
    Year: 2023
    Law Renewal on the Process of Leftover Land Compensation in Land Aquisition for Construction in Public Necessity
    MIC
    EAI
    DOI: 10.4108/eai.12-11-2022.2327302
Dwi Kusumo Wardhani1,*, Faisal Santiago1, Evita Isretno Israhadi1
  • 1: Borobudur University, Indonesia
*Contact email: dkusumowardhani07@gmail.com

Abstract

Procuring people's land in the context of land acquisition for the public necessity is part of the state's right to control land, is a rational consequence of the social function of land. The results of the study indicate that legal certainty and justice in the replacement of the remaining land in the process of relinquishing land rights are still biased because the biggest problem is that there is no agreement from the holders of land rights either in the technical release of their rights, the technical compensation for the remaining land compensation, the amount of compensation, and premature completion of the legal relationship between the subject of the land owner and the object of the land, both the released land and access to the remaining land. The author's recommendation is to restore natural rights to owned land by prioritizing Indonesian culture through deliberation for consensus in the form of balanced deliberation between all parties by maximizing the state's right to control the state which is public in nature as well as the existence of technical instructions outlining standards for assessing the form and amount of compensation for the remaining land by taking into account the land function.