Student Assignment Agrarian Law - Lecturer Ricco Survival Yubaidi (10).pdf

1. Analysis of Land
Acquisition for Public
Interest for the
Implementation of
Railway Infrastructure
Development in Barru
Regency, South Sulawesi.
Alika Asmir - 20410625

2. ● Railway plan in Sulawesi connecting South Sulawesi - West
Sulawesi - Central Sulawesi - North Sulawesi (started in
June 2014).
● The Trans-Sulawesi railway project is targeted to reach a
length of 2,000 kilometers from Makassar to Manado.
● This railway line uses a track width of 1,435 mm
(international standard track width) and its operations are
delegated to PT Kereta Api in Indonesia.
● Makassar - Parepare railroad crossing (first stage of
development)
Introduction
starting from Barru Regency about 120 km north of
Makassar, with land acquisition about 30 km, and
rail work using APBD and APBN funds of 108 billion
rupiah.

3. ● Arrangement of Public Interest (Law Number 5 of 1960
concerning the Basic Agrarian Law (BAL) article 18)
● Arrangement of land procurement process (Law
number 2 of 2012 concerning Land Procurement for
Development in the Public Interest)
● Arrangement of land acquisition implementation
(Presidential Regulation number 71 of 2012 concerning the
Implementation of Land Procurement for Public Interest)
Regulations

4. Stages of Land Acquisition for
The Railway Line in
Barru Regency
Planning Preparation
Implementation
Submission of
Result
01
03
02
04

5. Planning
01

6. Planning of land acquisition in Barru Regency
At the stage of development planning for the railway in Barru regency,
the government agency that needs land is the government agency that
requires the land, in this case the Director General of Railways of
Indonesia, together with the governor, which is then handed over to the
Barru regional land office. The planning document contains the
following:
1. the purpose and objectives of the railway in Sulawesi
2. conformity with the Regional Spatial Plan and National and
Regional Development Plans
3. land location
4. area of land required, general description of land status
5. estimated time for the implementation of Land Procurement
6. estimated period of development implementation
7. estimated land value
8. budget plan

7. Preparation
02

8. Preparation of land acquisition in Barru Regency
● Implement development plan notification
The Land Acquisition Committee makes notification of the
development plan to the community at the location of the
development plan, namely by providing explanations and
counseling through socialization to the community whose
land will be affected by land acquisition for the railway track
construction.
● Initial data collection of the location of the
development plan
There was no official report regarding the initial data
collection on the location of the development plan, but based
on data obtained from sources and respondents,
the Land Acquisition Committee at this stage
carried out an initial data collection of the
location of the development plan, namely
collecting initial data on the entitled party
and the object of the Land Acquisition.

9. Preparation of land acquisition in Barru Regency
● Public consultation on development plans
Public consultation on development plans in land acquisition
for the construction of railway is carried out by the
Government to former land rights holders by means of
socialization and deliberation. In the public consultation
stage, the former land rights holders agree with the
Government regarding the location of the development plan

10. Implementation
03

11. Implementation of land acquisition in Barru Regency
● Determination of development location
Determination of development locations in land acquisition
for the construction of railway lines is carried out in (five) areas
including Makassar City, Maros Regency, Pangkep, Barru and
Pare-Pare City.
Counseling/socialization was carried out more than once, the first
was carried out in general with the presence of people affected by
the construction of the railway track and the second was carried out
only for people whose land, buildings and plants (gardens) were
affected by the construction of the railway track.
In the land acquisition for the railway track, the Land Acquisition
Committee together with the agencies that require land at this stage
make an announcement on the determination of the construction
location for the railway track.

12. Implementation of land acquisition in Barru Regency
● Determination of compensation value
The determination of the compensation value for land prices is
carried out by the Land Acquisition Committee for the construction of
railway in the Barru is based on the results of the appraisal service of a public
appraiser. The normal land price is Rp. 75,000 per meter and what is
determined as compensation is around Rp. 90,000 per meter to Rp. 95,000
per meter. Determination of the value of compensation to former holders of
land rights or determined by an appraiser service that is higher than the
market price on the sale of land so that it can be profitable for the
holder/owner of land rights.
● Deliberation on determining the form of compensation
Deliberation in the form of compensation for former rights holders in Land
Acquisition for the construction of railway in Barru based on information from
respondents and data obtained from the Land Acquisition Committee and the
community, the Land Acquisition Committee has carried out several times
until a mutual agreement between the Government and the rightful parties
regarding the form of compensation is made and an official report is made.

13. Implementation of land acquisition in Barru Regency
● Implementation of Compensation
Provision of compensation to parties who are entitled to land acquisition for the
construction of railway in the Barru regency is carried out based on the results
of the agreement in deliberation, namely in the form of money and at the stage
of providing compensation. In the process of providing compensation in the
land acquisition for the railway line in the Barru regency, the files/document
that must be met in land ownership for the process of giving compensation.
Then the compensation file which is considered complete and meets the
requirements by the research officer, an official report of the research file is
made and the land owner will be made a savings book (bank account) to make it
easier for the community to take compensation and former holders of land
rights are also made a receipt compensation.
The implementation of the provision of compensation is followed by the release
of rights by the holders of rights to land, buildings and plants stated in the
Declaration of Rights along with the payment of compensation made between:
1. The role of the owner of land, buildings and plants which is then referred
to as the FIRST PARTY.
2. The Government, hereinafter referred to as the SECOND PARTY.

14. Table of lists of names of compensation recipients
Name Land Area (M2
) Amount of
Compensation Received
Burhanuddin 920 Rp. 86.269.008
Amiruddin 1.252 Rp. 123.707.922
Fatmawati 721 Rp. 71.240.745
Abu Bakar 842 Rp. 83.196.542
Umar 1.486 Rp. 147.065.019
Caiyyah 2.315 Rp.230.383.120
Anna Iskandar 182 Rp. 13.191.000
Bahra 613 Rp. 57.725.180
Nurjihad 1.230 Rp. 120.756.245

15. Implementation of land acquisition in Barru Regency
● Release of land acquisition object
In the land acquisition for the construction of railway in
Barru regency, the release of land rights is carried out
simultaneously with the provision of compensation in
accordance with the results of a mutual agreement and
a receipt for compensation for land and buildings and
other objects is made, signed by the agency that
requires the land as well as the budget user, namely the
expenditure treasurer, the holder of land rights and
witnessed by the entire Land Acquisition Committee
From the Chair of the Committee to its members and a
statement of release of rights is made which is signed by
the former right holder.

16. Submission of
Result
04

17. After the implementation of the provision of
compensation to the entitled party and the
relinquishment of rights, as well as the provision of
compensation has been deposited in the Barru district
court, the regional land office of Barru Regency
submits the results of land acquisition to the agency
that requires the land, in this case the Indonesian
Railways, PT Kereta Api Indonesia.
Submission of result of land acquisition in Barru Regency

18. Obstacles Encountered in Land Acquisition
Internal factor (comes from the government or agency)
What is meant by internal factors are negligence committed by the agency that requires land in making planning documents, the
preparation team when conducting public consultations on the determination of the development location and or the land
acquisition committee in inventorying and identifying land so that there are obstacles in the land acquisition process.
External factors (coming from the rightful party or the community)
1. The community refused to accept the construction site for various reasons, ranging from land being a will from parents,
land being a permanent source of income, not in accordance with local land prices, and not agreeing with the form of
compensation.
2. The condition of the land is being disputed in court, namely the land is being contested by two parties who are even
brothers themselves
3. The land owner's whereabouts and where he lives are unknown
4. The economic situation of the people belonging to the lower middle class economy demands the provision of
compensation with a higher value than what has been offered by the land acquisition committee
5. Lack of knowledge or understanding of the community about the purpose of land acquisition for the public interest, also
not knowing the social function of land.
6. The delay in giving compensation by some people because the files they have are not complete. And there are some
respondents (community) who suffered losses due to 1⁄2 rice fields/gardens that were allocated for the purpose of
railway construction, only 1⁄2 were affected by railway construction and the remaining 1⁄2 could no longer be
planted.

19. Conclusions And Suggestions
Conclusion
● The land acquisition process for the construction of railway tracks in Barru
Regency is in accordance with the procedures contained in Law No. 2 of 2012
concerning Land Procurement for the Implementation of Development in the
Public Interest, which has carried out four stages in the Land Acquisition. And
because the implementation took place in 2014 if it is stated with Presidential
Regulation number 71 of 2012 concerning the Implementation of Land
Procurement for Public Interest, the implementation of land acquisition has
been carried out in accordance with applicable law.
● As for the obstacles encountered in the land acquisition, they are divided into
two factors, first, internal factors, namely factors originating from the
government or agency that held the land acquisition. Second, external
factors, namely factors that come from the rightful party or the community.

20. Conclusions And Suggestions
Suggestion
● For the Government, the central government and local governments
should be directly involved in supervising and evaluating the overall
implementation of land acquisition for the sake of the construction of
railway in Barru Regency
● For the community, the community should follow their instincts in
acquiring land and understand that the purpose of land acquisition is
The land is for the public interest later, not following greedy and
stubborn passions by taking advantage of the situation by taking
advantage of existing legal loopholes

21. THANK YOU