Student Assignment Agrarian Law - Lecturer Ricco Survival Yubaidi (21).pdf

1. LAND PROCUREMENT PROBLEMS WITH ULAYAT
LAND OBJECTS (CASE OF PADANG-SICINCIN TOLL
ROAD)

2. Infrastructure development is considered to be one of the important factors in
increasing national economic growth, both in the macro and micro sectors, as well as
as a means to improve the welfare and quality of life of the community (Haris 2005,
Srinivasu and Rao 2013).
Infrastructure development to support economic growth is often constrained by
problems of protracted land acquisition because it affects land owned by the
community or even relocates residents. Land acquisition is the most crucial stage
considering that this activity is related to the relinquishment of land rights and
requires a large amount of money to acquire land from the community.
Background of the case

3. Land acquisition problems arise at every stage, even from the very beginning or the planning
stage. This is found in one of the cases that occurred in Sumatra, precisely in the case of land
acquisition with the object of ulayat/customary land. The essence of this case is that the
implementation of the toll road construction is hampered due to problems in land acquisition.
In its implementation, the Pekanbaru-Padang toll road which passes through 5 sub-
districts and 15 nagari in the Padang Pariaman district shows that the procurement for this
route has only realized the payment of compensation for 9 parcels of land with an area of ​​
1.78 hectares of the 29 hectares of toll roads identified by committee for land acquisition
implementation

4. In mapping this problem, there are 3 domains that can provide an
analysis, the first is related to the object of land acquisition, the
agencies involved or the community who are entitled/affected and
what are the procedures for land acquisition.

5. The construction of the Padang-Lubuk-Alung-Padang Panjang-Bukittinggi toll road, the Padang-Sicincin
section, is a National Strategic Project (PSN) which is a government program in the development of state
infrastructure, in this case the agency that needs land is the Ministry of PUPR, Directorate General of Bina
Marga. Based on Government Regulation of the Republic of Indonesia No. 26 of 2008 concerning the
National Spatial Plan, the Padang-Bukittinggi Toll Road is one of the highways in West Sumatra Province
which is a priority to be built.
Case introduction
Toll roads are built to facilitate traffic in areas that have developed and increase the usability and
efficiency of goods and services distribution services in order to support increased economic
growth.

6. The construction of the Padang toll road at that location is mostly used as agricultural land and
residential areas. Determination of the location of land acquisition based on the Decree of the
Governor of West Sumatra No. 620-80-2018 on February 5 2018, with an area of ​​±35 Ha
consisting of 50 plots. After identification by Task Force A and Task Force, it is known that
the total number of land parcels that are the object of land acquisition is 129 parcels with a total
area of ​​26 hectares.
The land acquisition process encountered several obstacles related to compensation,
it was known from 129 fields that were entitled to only 9 fields and 8 plant owners
who received compensation payments. While the rest is included in the determination
of the consignment.

7. Mapping of Land Procurement Problems for the Padang-
Sicincin Toll Road
Based on data from the Land Office of Padang Pariaman Regency in 2019, the land acquisition in this
route has only realized the payment of compensation for 9 plots of land (approximately 1.78 hectares)
of the 129 plots (± 26 hectares) identified by the procurement committee. soil. Most of the entitled
parties do not agree with the amount of compensation.

8. Status of Land Acquisition Object
As regulated in the Regional Regulation of West Sumatra Province Number 16 of 2008
concerning Communal Land and Its Utilization, customary land in West Sumatra based on its
structure and type consists of:
a. Nagari ulayat land, is ulayat land, namely along with the resources above and within
it. The use of nagari land is usually for general purposes such as mosques, markets,
and so on.
b. The ulayat land of the people, is the high inheritance land, the land which is owned by a
people together and obtained from generation to generation whose supervision is in the hands
of the Mamak Head of Inheritance (MKW). The ownership of the ulayat land of the people is
based on ranji based on the lineage of the mother.
C. Tribal ulayat lands are collective property rights controlled by tribal members and
managed to meet the needs of the tribe. The highest ruler over tribal ulayat lands is the
mamak of the tribal chief (datuk).

9. Some important issues related to customary land in land acquisition practices in Kabupaten
Padang Pariaman are:
a. The status of the land at the planning stage was not clearly differentiated, whether it was
ulayat nagari land, tribal ulayat, ulayat clan or ulayat rajo, so that the subject of the rights
became unclear;
b. At the time of preparation, the public consultation carried out did not involve all the right
subjects, considering that at the time of planning the ulayat status had not been identified.
c. At the implementation stage, although Task Force A and Task Force B have performed
their duties well, the subject who receives compensation is also not clear. In the nominative
list, the subject of the rights is still written 2 (two), 3 (three), or even more names, the
execution or settlement of which is left to the court.

10. Agencies Involved in Land Acquisition
The lack of success in the land acquisition process for the Padang-Lubuk Alung-Padang
Panjang-Bukittinggi Toll Road, Padang Sicincin Section, Sta. 0+000 to Sta. 4+200 is
influenced by various factors, one of which is the agency involved in the entire land
acquisition process. The estimated value of the compensation stated in the planning
document is Rp. 350,000,000.00 (350 M) while the value of the compensation generated
by the Assessment Team based on the field inspection is Rp. 15,031,500,000.00 (15 M).
The Regional Government, in this case the Provincial Government of West Sumatra and the District
Government of Padang Pariaman, has a very important role in the success of a land acquisition
project. In the context of land acquisition for the Padang–Pekanbaru Toll Road, the Provincial
Government of West Sumatra and the District Government of Padang Pariaman have responsibilities
in the preparation stage which includes notification of development plans to the community at the
location of the development plan either directly through socialization, face to face, or letters.
notification and indirectly through print media or electronic media.

11. In addition, based on information from one of the informants, it was revealed that the
Provincial Government of West Sumatra and Padang Pariaman Regency gave too much
hope to the community through information on providing high compensation. The results of
the compensation assessment are considered too low which leads to community rejection.
Meanwhile, the land agency in this case the Land Office of Padang Pariaman Regency as
the Executor of Land Procurement has formed an Implementing Committee and Secretariat
as well as Task Forces A and B on February 28, 2018. Task Forces A and B have carried
out an inventory and identification of 109 land parcels as objects for procurement on
February 28, 2018. March 8-16 2018 accompanied by the local Wali Nagari Kasang and Wali
Korong staff. And in this case the parties involved do not agree on the compensation
proposed by the implementing committee. In accordance with Article 73 (1) of Presidential
Regulation 71 of 2012 against public objections, it has been suggested to file an objection to
the local District Court within 14 (fourteen) working days. The objection was submitted by the
entitled party, but the objection was declared unacceptable (niet onvantkelijke verklaard) by
the Pariaman District Court.

12. KJPP MBPRU conducts an assessment of compensation for land acquisition in plots per plot
of land which includes land, above-ground and underground sections, buildings, plants, other
objects related to land and/or other losses that can be assessed.
In general, the appraisal team has carried out the stages of assessment in accordance with
the applicable provisions. However, there are still inhibiting factors originating from the
appraisal agency so that the implementation of the land acquisition for the Padang-Sicinci Toll
Road is less successful.
One of the villages affected by the toll road project is Nagari Kasang. Wali Nagari Kasang said
that basically the community welcomes the toll road construction project, but with a note that
the compensation value is also reasonable. In addition, the community should be provided
with information from the start and involved in socialization and deliberation.
Compensation Assessment
From the field inspection, it is known that most of the land use is for agriculture. There is productive agricultural
land in the form of rice fields and there is also unproductive land in the form of vacant and uncultivated land. Even
at a certain point the condition of the land is in the form of a swamp with a depth of more than 1 meter. The area is
actually no longer suitable for agricultural use.
Meanwhile, for land used for residential purposes, taking into account the use of the surrounding area as well as
the designation determined by the local government/the tendency of buildings around the property location, the
appraiser is of the opinion that the use of land during the assessment as a residential house does not meet the
principle of the highest and best use. in the world of assessment it is called the highest and best use (HBU). The
general condition at the site is that there is no access.

13. Alternative Land Procurement Solutions with Communal
Land Objects
The alternative problem solving proposed is oriented as a preventive measure so
that land acquisition with customary land objects does not face problems at every
stage according to conditions and needs as well as in the corridors of legislation.
This alternative solution is also based on empirical experience about the potential
or things that can support the successful process of land acquisition in the
Padang Pariaman Regency area.
Considering that in Padang Pariaman Regency, there is one success story for
land acquisition, namely land acquisition for Jalan Tarok City. Several
breakthroughs made by the regional government, the nagari guardian, as well as
the active participation of the entitled community and the affected community in
land acquisition, have the potential to contribute in providing alternative solutions
to land acquisition problems with ulayat land objects.

14. Based on the chronology above, actually the Padang Pariaman Regency Kantah as
the Land Procurement Executor has carried out the stages of land acquisition
activities according to the procedures and applicable laws and regulations.
However, related to the lack of success in land acquisition for the Padang-Sicincin
Toll Road, there are inhibiting factors that exist in the land agency :
- First, in the nominative list issued by the District Office of
Padang Pariaman, the subject is not yet clean and clear. Given
the communal nature of ulayat nagari land, the land acquisition
process is also relatively difficult, especially with regard to the
party entitled to compensation.
- Second, this causes another obstacle, namely the consignment
process takes a long time. The collection of compensation money
must be known to all parties listed in the nominative list.