Proceedings of the 2nd International Conference on Law, Economic, Governance, ICOLEG 2021, 29-30 June 2021, Semarang, Indonesia

Research Article

Compensation for Damaged Land: Comparative Study between Indonesia and Japan

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  • @INPROCEEDINGS{10.4108/eai.29-6-2021.2312610,
        author={Embun  Sari and Muhammad  Yamin and Hasim  Purba and Rosnidar  Sembiring},
        title={Compensation for Damaged Land: Comparative Study between Indonesia and Japan},
        proceedings={Proceedings of the 2nd International Conference on Law, Economic, Governance, ICOLEG 2021, 29-30 June 2021, Semarang, Indonesia},
        publisher={EAI},
        proceedings_a={ICOLEG},
        year={2021},
        month={10},
        keywords={land acquisition compensation damaged land compensation money},
        doi={10.4108/eai.29-6-2021.2312610}
    }
    
  • Embun Sari
    Muhammad Yamin
    Hasim Purba
    Rosnidar Sembiring
    Year: 2021
    Compensation for Damaged Land: Comparative Study between Indonesia and Japan
    ICOLEG
    EAI
    DOI: 10.4108/eai.29-6-2021.2312610
Embun Sari1,*, Muhammad Yamin1, Hasim Purba1, Rosnidar Sembiring1
  • 1: Universitas Sumatera Utara
*Contact email: embunsari69@gmail.com

Abstract

Indonesia and Japan regulate compensation for damaged land differently, especially in land expropriation process. This article aims to compare compensation concept of damaged land in Indonesia and Japan to get better understanding of the differences, similarities, and consequences. Using qualitative descriptive approach, rules and regulations that apply in Indonesia and Japan are compered. Land acquisition for development for the public interest is regulated by Law Number 2 of 2012. In land expropriation, the state provides appropriate compensation for the parties involved. In context of land acquisition, there is no compensation for damaged land. Law Number 24 of 2007 concerning Disaster Management mandates the government to oversee disaster management that accommodate compensation for damaged land due to natural disaster. In Japan, land expropriation will not happen unless landowners are appropriately compensated. Regarding compensation value, Japan has superior regulations compared to Indonesia. Japan uses consensus to determined compensation while Indonesia uses single value determined by public appraisal. However, Indonesia has special regulations for damaged land. Therefore, if damaged land is used for the public interest, landowners will not receive compensation through land acquisition procedures but rather through disaster management procedures.