Proceedings of the 1st International Conference on Education, Humanities, Health and Agriculture, ICEHHA 2021, 3-4 June 2021, Ruteng, Flores, Indonesia

Research Article

Determination versus Deliberation of Indemnity Value Land Procurement for the Public Interest

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  • @INPROCEEDINGS{10.4108/eai.3-6-2021.2310832,
        author={Sufiarina Sufiarina and Sri Wahyuni and Syafrida Syafrida and Gusti Alam},
        title={Determination versus Deliberation of Indemnity Value Land Procurement for the Public Interest},
        proceedings={Proceedings of the 1st International Conference on Education, Humanities, Health and Agriculture, ICEHHA 2021, 3-4 June 2021, Ruteng, Flores, Indonesia},
        publisher={EAI},
        proceedings_a={ICEHHA},
        year={2021},
        month={8},
        keywords={deliberation; determination; replacement money; release of land rights},
        doi={10.4108/eai.3-6-2021.2310832}
    }
    
  • Sufiarina Sufiarina
    Sri Wahyuni
    Syafrida Syafrida
    Gusti Alam
    Year: 2021
    Determination versus Deliberation of Indemnity Value Land Procurement for the Public Interest
    ICEHHA
    EAI
    DOI: 10.4108/eai.3-6-2021.2310832
Sufiarina Sufiarina1,*, Sri Wahyuni2, Syafrida Syafrida2, Gusti Alam1
  • 1: Faculty of Law at Tama Jagakarsa University, Indonesia
  • 2: Faculty of Law at Ubhara University, Indonesia
*Contact email: sufiarina01@gmail.com

Abstract

Every land right has a social function, but in terms of providing land for the public interest, it is not appropriate to apply its social function. Especially if the public interest is commercial. Often the provision of land is used for commercial purposes and there is an increase and jump in the value of land area. Settlement of compensation for the provision of land for public purposes has resulted in various problems. One of the problems is the rejection of the replacement value set by the public assessment team. However, deliberation is to resolve differences in physical data and juridical data on land area released or to resolve other problems. Especially if the provision of land is related to commercial interests and not social interests. The fourth paragraph, Part Four, Chapter IV of Law No. 2 of 2012, uses the subheading of the Deliberation on the Determination of Compensation, in fact the content is an equalization of the perception of physical data and juridical data on the released land objects, so that a settlement can be carried out by conducting deliberation. Meanwhile, the compensation value has been determined as the public authority based on the value of the land zone which cannot be changed. Making the essence of deliberation unrealized.