The Principle of Justice in the Regulation of Land Acquisition for Public Interest

Citra Solvia Hadi Meilia
Imam Suroso
Citra Solvia Hadi Meilia: Universitas Bhayangkara Surabaya
Imam Suroso: Universitas Bhayangkara Surabaya

Abstract

The acquisition of land for public purposes often leads to conflicts or disputes due to disagreements between landowners and the acquiring parties regarding compensation. The principle of fairness is often neglected by the acquiring parties, resulting in compensation that does not improve the welfare of the community. This research aims to: (1) analyze the provisions for acquiring community land for public purposes, and (2) analyze the principle of fairness that should be applied by implementing officials in acquiring community land for public purposes. This study uses a normative research method, employing a statute approach, a conceptual approach, and a case approach. The compensation received by the community is considered unfair, leading to numerous lawsuits despite the lack of proof of land ownership by the claimants. The research findings indicate that the land acquisition process for public purposes faces challenges such as the difficulty in reaching agreements through deliberation. This is due to the absence of legal norms that establish appropriate land valuation. To achieve the principle of fairness, it is necessary to establish legal provisions that set the value/price of land based on qualifications and impose sanctions on parties that do not comply with the determined pricing.