Student Assignment Agrarian Law - Lecturer Ricco Survival Yubaidi (4).pdf

1. Land Acquisition
in Lampung
Dhiva Athala Mazaya Yuva
20410405
a study case of Land Procurement of Trans
Sumatra Toll Road in South Lampung Regency

2. What is Land Acquisition?
Article 1 point 2 Act Number 2 of 2012 concerning Land Procurement for Public
Interest Development,
"Land procurement is the activity of providing land by providing appropriate
and fair compensation to the entitled party."
Land acquisition for the public interest is carried out through several stages,
namely planning, preparation, implementation, and submission of results
(Article 13 of Law Number 2 of 2012).

3. Case
The land acquisition for the Trans Sumatra Toll Road in South Lampung
Regency, Lampung Province was carried out since 2015. The land parcels
of the community affected by the land acquisition for the Trans Sumatra
Toll Road in South Lampung Regency, Lampung Province, in order to
obtain proper and fair compensation, must be able to prove the basis of
ownership rights the land in accordance with the provisions of the
applicable laws so that it can be accounted for. Although not all parcels of
land in South Lampung Regency are registered at the South Lampung Land
Office, however, the community is required to be able to show and prove
that the land is theirs with the documents they have (proof of ownership)
because the compensation they will receive comes from state finances.

4. Planning
Preparation
Planning stage is carried out by agencies that require land.
The preparatory stage is carried out by the Governor, namely
issuing location determinations.
Implementation of
Land Procurement

5. Implementation
Submission of Results
The implementation stages are carried out by the land agency.
The implementation stages are carried out by the land agency.
Broadly speaking, land acquisition activities for the implementation of
development in the public interest are carried out at the South
Lampung Regency Land Office, after receiving an assignment from
the Lampung Province National Land Agency Regional Office, namely
forming a Decree for the Implementation of Land Procurement and
the Secretariat, and also forming a Decree on the formation of
Decree on the establishment of Task Force A and Task Force B for
Land Acquisition.

6. Activities carried out by the Land Procurement Executor and the Secretariat
include: implementation of counseling on the implementation of land acquisition
for development, stage of inventory and identification of entitled parties and
objects of land acquisition, stage of announcement of inventory results and
identification, stage of assessment and proposal for compensation based on the
determination of the Land Price Appraisal Team, as well as the stage of
deliberation implementation.
At this stage, if an agreement is not reached, then consignment efforts and the
revocation of land rights are taken. Meanwhile, in the event that an agreement is
reached, the next stage is the implementation of the payment of compensation
which is then followed up by making Minutes of Release of Rights or Transfer of
Land Rights and Termination of Legal Relations.

7. The implementation of the Presidential Regulation of the
Republic of Indonesia Number 71 of 2012 on the Implementation
of Land Procurement for Development in the Public Interest on
the implementation of land acquisition for the Trans Sumatra
Toll Road in South Lampung Regency has been carried out with
applicable legal provisions and the holders of land rights are
given compensation for their land.
Furthermore, the implementation of the Presidential Regulation
can be seen from the determination of land ownership rights in
the expropriation of community land for development in the
public interest starting with an inventory and identification of
control, ownership, use, and utilization of land carried out by
Task Force A and Task Force B.

8. Despite it has been conducted out properly and in line with applicable legal provisions,
the implementation of Presidential Regulation Number 71 of 2012 has not been
carried out optimally as the function of law as a tool of social engineering has not been
fully achieved.
Evaluation of the Obstacle
It is proven that there are still many individuals who are unaware of the importance of
registering their land at the South Lampung Regency Land Office for orderly land
administration and also legal certainty, thereby minimizing the possibility of ownership
disputes.
Consequently, this hampers the implementation of land
acquisition related to the determination of land ownership
rights in the acquisition of community land for the
construction of the Trans Sumatra Toll Road in South
Lampung Regency.

9. On the other hand, the residents impacted by the land acquisition have not
yet fully experienced the expected community welfare brought about by the
construction of the Trans Sumatra Toll Road in South Lampung Regency, as
it is evident that some still have doubts about the value or amount of the
compensation offered.
The barricade includes: proof of ownership of land rights owned by the
community is not complete, some even do not have a basis for land
ownership rights; the existence of dispute over the ownership of land
rights; the rights base is made after the governor's location determination
related to land acquisition for toll roads; and more.

10. Although it is undeniable that the implementation of the Presidential Regulation
Number 71 of 2012 regarding the Implementation of Land Procurement for
Development in the Public Interest on the determination of land ownership rights in the
acquisition of community land for development in the public interest has been
conducted in accordance with the applicable legal provisions and compensation for
land rights holders on the land, yet its current implementation is inseparable from
various obstacles that arise in the process, making its implementation cannot be done
maximally.
Conclusion & Suggestion
It is suggested that the Land Office of South Lampung Regency ought to take
action by fully educated the public about the requirements that must be met by
the community in order to receive compensation for the transfer of their land
for the building of toll roads.

11. thank you!