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Dispute cases and settlement of land acquisition for the
construction of Yogyakarta International Airport
Muhammad Salman Al-farisi - 20410185
INtroduction
In this introduction, land
acquisition will be presented on a
legal basis in accordance with
applicable law
Based on Law no. 2 of 2012 article 1 paragraph 2 "Land procurement is an activity
to provide land by providing appropriate and fair compensation to the entitled
party.
The legal basis for land acquisition is The Basic Agrarian Law Number 5 of 1960,
which states in article 18 that land rights can be revoked for the public interest,
including the interests of the nation and state, as well as the common interest of
the people, by providing appropriate compensation and in a manner regulated by
law.
The construction of YIA airport itself is regulated through the Decree of the
Minister of Transportation of the Republic of Indonesia Number KM 177 of 2019
concerning Permits to Establish Yogyakarta International Airport Building in
Kulon Progo.
Land acquisition for development in the public interest is an activity of taking over land
carried out by the government for the construction of public facilities. Land acquisition
consists of the planning, preparation, and implementation stages involving the local
government as the executor of land acquisition, the ministry in charge of land affairs,
land rights owners, and affected communities. Provisions for land acquisition are
regulated in Law Number 2 of 2012 concerning Land Procurement for Development in
the Public Interest and Presidential Regulation Number 71 of 2012 concerning
Implementation of Land Procurement for Development in the Public Interest.
Case Study
discussing agrarian cases and
obstacles in the construction of
YIA Airport
General Manager of PT Angkasa Pura I (Persero) Yogyakarta Adisutjipto
International Airport Agus Pandu Purnama said the main reason was the problem
of Adisutjipto Airport which had exceeded passenger capacity. "The capacity of
Adisutjipto Airport is designed to accommodate 1.2-1.5 million passengers per
year, while it has reached 7.8 million passengers.
The length of the airport runway in Sleman Regency is only 2,200 meters, so it
cannot accommodate wide body aircraft. In addition, the apron can only
accommodate 11 aircraft.
The airport is a civil enclave belonging to the Indonesian Air Force which has been
built since 1938 and is designed for military aviation.
The development at Adisutjipto Airport cannot be carried out due to limited land
and natural constraints.
The reason for the construction of YIA airport:
Rejection from local residents
Residents who reject the construction of YIA airport are residents who are
members of the Kulon Progo Residents Against Eviction Association. They
refused on the grounds not because of compensation but about protecting
the private land inherited from their parents, about living space, about
productive agricultural land, about their history of the land. These
questions cannot be measured in money.
The land acquisition, which was marked by riots and physical fights, has been
confirmed to be completed, with the submission of the results of the implementation
of land acquisition for the National Land Agency (BPN) DIY with a total land area of
587.30 hectares and 3,492 hectares being used as an airport location. PT Angkasa
Pura I (Persero) has provided a total compensation of approximately Rp 4.13 trillion.
This compensation is in accordance with the airport's Determination Location
Permit (ILP).
although some still argue that the implementation of land acquisition for
development in the public interest often deviates from the mandate of Law Number
2 of 2012 concerning Land Procurement for Development in the Public Interest. The
land acquisition process for the construction of the New Yogyakarta International
Airport is not in accordance with applicable legal procedures, maladministration and
implementation errors such as lack of socialization, the exclusion of all land rights
holders, and no dialogue process between the parties prior to the determination of
the construction site, and the amount of compensation losses that do not
accommodate all physical and non-physical losses of the community.
Problem Resolve
The district government and PT AP I have prepared a community empowerment
scheme, even though the district government has prepared a lot of compensation
and job transfers through training. In addition, currently there are around 1,000
residents who are already working in the process of building YIA airport.
Residents have also received compensation at a reasonable price, the total
investment funds issued as compensation for 587.3 hectares worth Rp4.13 trillion
The compensation mechanism includes both physical and non-physical
compensation. Forms of physical compensation include land, space above and below
the ground, buildings, objects related to land, and plants.
Meanwhile, non-physical forms of compensation include loss of business/job,
professional transfer, moving costs, transaction costs (taxes), compensation for
waiting periods, residual property values (loss of damaged land/buildings, emotional
related to housing rights (solatium).
The construction of YIA airport has received a lot of cons, especially residents around the
airport for various reasons, because basically the development of large infrastructure always has
obstacles, especially in land acquisition. The good intentions of infrastructure development for
the common interest and need must be accompanied by a good process and of course obeying
applicable laws, especially obeying all land acquisition principles such as Humanity, Justice,
Continuity, Harmony and many more. The government also informs all information and involves
the community at every stage that is passed in land acquisition for development in the public
interest, and considers appropriate compensation to fulfill the mandate of Law No. 12 of 2012,
and of course the surrounding community must continue to guard and play an active role in
infrastructure development, especially seeking information and collaborating in the process of
land acquisition for the public interest, so that it can be carried out in accordance with the
principles of land acquisition and by observing the cultural values ​​that exist in the community.
Conclusion and recommendation
Thank You for
listening!

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Student Assignment Agrarian Law - Lecturer Ricco Survival Yubaidi (2).pdf

  • 1. Dispute cases and settlement of land acquisition for the construction of Yogyakarta International Airport Muhammad Salman Al-farisi - 20410185
  • 2. INtroduction In this introduction, land acquisition will be presented on a legal basis in accordance with applicable law
  • 3. Based on Law no. 2 of 2012 article 1 paragraph 2 "Land procurement is an activity to provide land by providing appropriate and fair compensation to the entitled party. The legal basis for land acquisition is The Basic Agrarian Law Number 5 of 1960, which states in article 18 that land rights can be revoked for the public interest, including the interests of the nation and state, as well as the common interest of the people, by providing appropriate compensation and in a manner regulated by law. The construction of YIA airport itself is regulated through the Decree of the Minister of Transportation of the Republic of Indonesia Number KM 177 of 2019 concerning Permits to Establish Yogyakarta International Airport Building in Kulon Progo.
  • 4. Land acquisition for development in the public interest is an activity of taking over land carried out by the government for the construction of public facilities. Land acquisition consists of the planning, preparation, and implementation stages involving the local government as the executor of land acquisition, the ministry in charge of land affairs, land rights owners, and affected communities. Provisions for land acquisition are regulated in Law Number 2 of 2012 concerning Land Procurement for Development in the Public Interest and Presidential Regulation Number 71 of 2012 concerning Implementation of Land Procurement for Development in the Public Interest.
  • 5. Case Study discussing agrarian cases and obstacles in the construction of YIA Airport
  • 6. General Manager of PT Angkasa Pura I (Persero) Yogyakarta Adisutjipto International Airport Agus Pandu Purnama said the main reason was the problem of Adisutjipto Airport which had exceeded passenger capacity. "The capacity of Adisutjipto Airport is designed to accommodate 1.2-1.5 million passengers per year, while it has reached 7.8 million passengers. The length of the airport runway in Sleman Regency is only 2,200 meters, so it cannot accommodate wide body aircraft. In addition, the apron can only accommodate 11 aircraft. The airport is a civil enclave belonging to the Indonesian Air Force which has been built since 1938 and is designed for military aviation. The development at Adisutjipto Airport cannot be carried out due to limited land and natural constraints. The reason for the construction of YIA airport:
  • 7. Rejection from local residents Residents who reject the construction of YIA airport are residents who are members of the Kulon Progo Residents Against Eviction Association. They refused on the grounds not because of compensation but about protecting the private land inherited from their parents, about living space, about productive agricultural land, about their history of the land. These questions cannot be measured in money.
  • 8. The land acquisition, which was marked by riots and physical fights, has been confirmed to be completed, with the submission of the results of the implementation of land acquisition for the National Land Agency (BPN) DIY with a total land area of 587.30 hectares and 3,492 hectares being used as an airport location. PT Angkasa Pura I (Persero) has provided a total compensation of approximately Rp 4.13 trillion. This compensation is in accordance with the airport's Determination Location Permit (ILP). although some still argue that the implementation of land acquisition for development in the public interest often deviates from the mandate of Law Number 2 of 2012 concerning Land Procurement for Development in the Public Interest. The land acquisition process for the construction of the New Yogyakarta International Airport is not in accordance with applicable legal procedures, maladministration and implementation errors such as lack of socialization, the exclusion of all land rights holders, and no dialogue process between the parties prior to the determination of the construction site, and the amount of compensation losses that do not accommodate all physical and non-physical losses of the community.
  • 10. The district government and PT AP I have prepared a community empowerment scheme, even though the district government has prepared a lot of compensation and job transfers through training. In addition, currently there are around 1,000 residents who are already working in the process of building YIA airport. Residents have also received compensation at a reasonable price, the total investment funds issued as compensation for 587.3 hectares worth Rp4.13 trillion The compensation mechanism includes both physical and non-physical compensation. Forms of physical compensation include land, space above and below the ground, buildings, objects related to land, and plants. Meanwhile, non-physical forms of compensation include loss of business/job, professional transfer, moving costs, transaction costs (taxes), compensation for waiting periods, residual property values (loss of damaged land/buildings, emotional related to housing rights (solatium).
  • 11. The construction of YIA airport has received a lot of cons, especially residents around the airport for various reasons, because basically the development of large infrastructure always has obstacles, especially in land acquisition. The good intentions of infrastructure development for the common interest and need must be accompanied by a good process and of course obeying applicable laws, especially obeying all land acquisition principles such as Humanity, Justice, Continuity, Harmony and many more. The government also informs all information and involves the community at every stage that is passed in land acquisition for development in the public interest, and considers appropriate compensation to fulfill the mandate of Law No. 12 of 2012, and of course the surrounding community must continue to guard and play an active role in infrastructure development, especially seeking information and collaborating in the process of land acquisition for the public interest, so that it can be carried out in accordance with the principles of land acquisition and by observing the cultural values ​​that exist in the community. Conclusion and recommendation