2. The Bener Dam is a national project that has been
established through Presidential Regulation No. 56 of
2013 concerning the fourth amendment to Presidential
Regulation no. 24 of 2010 concerning the Position of
Duties and Functions of the State Ministries and
Organizational Structure of Echelon I Tasks and
Functions of the State Ministries, Decree of the
Governor of Central Java Number 590/41/2018
concerning Permit for Determination of the Location of
the Bener Dam and Decree of the Governor of Central
Java Number 660.1/20 Year 2018 regarding the
Environmental Permit for the True Development Plan.
In this land acquisition, the land to be acquired is
mostly dry fields, fields and rice fields. While the
houses of residents who are entitled to land are only
about a dozen. Land acquisition is not only freeing the
land of the residents, there is also land belonging to
the village government, village treasury land, or waqf.
3. The agrarian conflict that occurred in Wadas Village, Bener District,
Purworejo Regency, Central Java became public attention. The cause of
the agrarian conflict was that some residents rejected the planned
andesite mining activity. The refusal was marked by a series of protests
that ended in clashes with heavily armed officers. The incident was
declared an agrarian conflict because there were two land acquisition
projects in the public interest. The first project is land acquisition for the
public interest with the aim of building a dam, and the second project is
land acquisition for the public interest, namely the mining of andesite
stone used to build the first project (Bener Dam). The government's choice
to prioritize repressive actions through the apparatus resulted in a conflict
between the apparatus and the residents of Wadas Village who rejected
the mining project. The solution that is considered the most beneficial for
each party is urgently needed so that the very useful policy of the Bener
Dam National Strategic Project (hereinafter referred to as PSN) can be
built immediately by minimizing agrarian conflicts.
4. Based on Article 13 of Law no. 2 of 2012 that land
acquisition for the public interest is carried out
through the following stages:
Planning (stage 1)
Implementation
(stage 3)
Preparation (stage 2)
Submission of results
(stage 4)
5. Agencies requiring land
(TPT) make Land
Procurement Plans (PPT)
which are compiled in
the form of Land
Procurement planning
documents.
Based on the results of the study, land acquisition for the construction of the
Bener Dam in Wadas Village was only carried out at the planning stage
(Stage 1). The planning stages of land acquisition in Wadas Village include:
Land acquisition planning
for development is based on
the Regional Spatial Plan
and development priorities
listed in the Medium Term
Development Plan, Strategic
Plan, TPT Work Plan.
Public Consultation
on the development
plan is carried out to
obtain agreement on
the location of the
development plan
from the Entitled
Party.
6. The Public Consultation involves the residents of Wadas
village or through representatives with a power of
attorney from and by the party entitled to the land. In
the public consultation regarding land acquisition
planning for the construction of the Benar Dam in
Wadas Village, no agreement was reached. The
residents of Wadas Village as a whole refuse to have
their village area designated as land for land
acquisition, because the land affected by land
acquisition in Wadas Village is productive land. The
productive land is the source of their daily family needs.
For example, vegetables are planted and some are for
raising chickens, ducks, goats and cows.
7. Article 18 of the BAL provides a legal basis that for
taking land rights, namely for the public interest,
including the interests of the nation and state as well as
the common interests of all the people, land rights can
be revoked and appropriate compensation given
according to the method regulated in the legislation. .
The important thing that needs to be considered in land
acquisition for the public interest is the agreement
between the holder of land rights to the agency that
needs the land with a public consultation mechanism or
known as deliberation.
Meanwhile, the public consultation process or
deliberation in land acquisition for the Bener Dam in
Wadas Village did not run smoothly. This is because the
residents of Wadas Village, Purworejo Regency, refused
to use their land as the object of land acquisition for the
construction of the Bener Dam.
8. Article 23 of Law no. 2 of 2012 explains that if the
determination of the construction location carried
out by the Governor still has objections to the
location determination, the entitled party can file a
lawsuit to the local State Administrative Court no
later than 30 (thirty) working days after the issuance
of the location determination. However, in their
refusal, the residents of Wadas Village did not file a
lawsuit to the Administrative Court because they did
not know the procedures or rules in Law no. 2 of
2012. This is a legal consequence that the residents
of Wadas Village must accept for not filing a lawsuit
to the Administrative Court, so the land is legally
designated as the object of land acquisition for the
construction of the Bener Dam, Purworejo Regency.
9. The mechanism for implementing the
Bener Dam Land Procurement in Wadas
Village, Purworejo Regency has been
implemented correctly, namely in
accordance with Law No. 2 of 2012
concerning Land Procurement for
Development in the Public Interest. As a
result of the law, the residents of Wadas
Village did not file a lawsuit in the State
Administrative Court on the Decree of the
location determination by the Governor,
the location of the land acquisition
remained in Wadas Village even though
they refused by holding an anarchist
demonstration.
10. Dispute between the
Wadas residents of
Wadas village and the
River Basin Center
(BBWS) as the party who
needs land, namely the
taking of soft stones
(batu lemosoh) in Wadas
Village
There are 2 (two) obstacles in land acquisition in
the construction of the Bener Dam in Wadas
Village, Purworejo Regency:
There is absentee ownership, in
which case the land owner is
not in the area where the land
is located. The owner of the
land is domiciled outside
Wadas Village, namely abroad
as an Indonesian Migrant
Worker (TKI) so that approval or
agreement regarding the
location of the land will be
subject to land acquisition for
the construction of the dam.
11. There are two solutions to overcome obstacles in land
acquisition for the Bener Dam in Wadas Village, Purworejo
Regency:
1. The existence of an active role of the Land Procurement
Committee (P2T) in conducting socialization or deliberation
to obtain consensus by disseminating the meaning of
social functions and public interests that have been
regulated in the applicable laws and regulations.
2. The Land Procurement Committee (P2T) conducted
mediation and a persuasive approach aimed at
persuading the community to give up their land rights by
emphasizing that if they did not agree, the President would
revoke their land rights based on Law no. 20 of 1961
concerning the revocation of rights to land and objects on
it.
Conclusion
