Student Assignment Agrarian Law - Lecturer Ricco Survival Yubaidi (1).pdf

1. The implementation of land
acquisition in the Batang region
arranged by Maheswari Laksita / 20410158

2. the outline scheme
case study
in this part, talks about the
case that recently happening
from the implementation of
land acquisition, especially in
Batang Region.
introduction
first, in this chapter
will be delivered of
land acquisition on a
legal basis in
accordance with
applicable law
problem formulations
and the resolvement
this section, i will try to
elaborate the resolution that
has been arise based on the
case study.
conclusion
the conclusion of the case .

3. introduction
THE LEGAL BASIS OF LAND
ACQUISITION
CHAPTER I
The legal basis of land acquisition is from The Basic Agrarian Law
Number 5 of 1960 which in article 18 is stated for the public interest,
including the interests of the nation and state as well as for the common
interest of the people, land rights can be revoked, by providing
appropriate compensation and in a manner regulated by law.
while land acquisition has been explicitly regulated in Article no 2 of 2012
concerning land acquisition for the public interest
Decree of the Governor Regulation of Central Java number 590/0001929
regarding land acquisition for development for the public interest in
Central Java

4. The understanding of Land acquisition was stated in chapter Law Number 2
of 2012 1 of section 2 which states “Land Procurement is the activity of
providing land by providing appropriate compensation and fair to those who
deserve it”. Furthermore, Land, upper space, ground and underground,
structures, plants, land-related goods, or other things that may be appraised
are the objects of Land Procurement.
the meanings of "land acquisition"
based on Law

5. case study
CHAPTER II

6. land acquisition which has obstacles faced in the
construction of toll roads on the island of Java.

7. background
This development has the main objective of increasing the
accessibility and capacity of the road network in serving the
northern region of Java which has a high density, so that
the construction of this toll road makes it easier for
Indonesian citizens to move comfortably without taking a
long time. however, In the Land Procurement of the Batang
- Semarang Toll Road is not an easy thing, before the
process of achieving the price there are several obstacles.

8. demonstration
This happened in the case in Kendal Regency,
hundreds of residents affected by the eviction project
of the Batang-Semarang toll road rallied at the Kendal
Regency DPRD Building. The masses asked the
government to act fairly and to re-measure the area
of land used for the toll road project because it was
deemed inappropriate.
problem that
faced
CHAPTER III
the lack understanding of land acquisition
regulations for development in the public interest
from the society
With a background of being a local community
affected by the expulsion of the Batang-Semarang
toll road project, there is also an impediment to
obtaining this land. There are still many people who
do not comprehend or are unaware of public-
interest development.
There is a land certificate that is used as a guarantee
Several citizens have land certificates that are used as
collateral by banks or individuals. This land certificate is
being pawned owing to economic pressures and
communal demands.

9. next..
the society that refuse compensatios
a number of villagers refused to receive
compensation from the government
because it was not as expected. they
consider the compensation money
offered from the government is not worth
it
the unmatched number in measurement results
In this case, there were residents who filed
objections in Gemuh District, Kendal
Regency where the results of land
measurements were carried out by BPN
does not match the size on the land
certificate.

10. t
h
e
d
i
s
u
pute
settlement that done by the
gove
r
n
m
e
n
t
.
CHAPTER IV

11. basically, all of the problem that faced are used
the negotiations to the parties that involved.
but, here's the dispute resolution in accordance
with the existing conflict
demonstration
The government's involvement in resolving the
problem of protests is to invite locals to negotiate the
amount of compensation and register an objection
with the local District Court and Supreme Court. If
you still disagree with the rulings of the local District
Court and Supreme Court, you can file a petition.
the lack understanding of land acquisition
regulations for development in the public interest
from the society
In this situation, the government gives knowledge and
understanding to communities impacted by the Batang-
Semarang Toll Road eviction project in order to acquire
property for development in the public interest. When the
administration held a public consultation, this perspective
was presented.

12. There is a land certificate that
is used as a guarantee
The government's approach is for the
competent government, in this case the
local BPN and the local kelurahan
involved, to invite the bank where the
certificate is used as collateral and the
owner of the land certificate to carry out
the obligation. payment procedure, and if
there is any residual payment, the land
certificate will be issued to the owner.
Meanwhile, pawned certificates will be
brought together between the owner's
land certificate and the mortgaging party.
the society that refuse
compensatios
The responsibility of government
is to solve the problem of
compensation rejection by
directing citizens to negotiate and
register an objection over the
amount of compensation with the
local District Court and Supreme
Court. If you continue to disagree
with the rulings of the local
District Court and Supreme
Court, the government may take
a recourse.
the unmatched number in
measurement results
The Lands Procurement Team
dealt with this issue by re-
measuring the land. If the
stake's condition has vanished,
the Land Procurement Team
will deal with it by changing the
land's size based on the land
certificate.

13. conclusion
CHAPTER V
In short, I believe that any activity related to land acquisition will face many obstacles
which will be a challenge for the government. The reason is that the purpose of land
acquisition is for mutual interests and needs where if one party has not fulfilled his rights,
then he can request these rights in accordance with the applicable laws and regulations.
Furthermore, there is a need for counselling to provide understanding to those living
in rural or distant locations about land purchase for the public good. So that people
are aware that they will be welcomed to join forces in moving forward, rather than
rejecting progress that seeks to improve the Indonesian country.

14. Thank you !