Student Assignment Agrarian Law - Lecturer Ricco Survival Yubaidi (7).pdf

1. CASE STUDY
CASE STUDY
SOLO-JOGJA TOLL LAND
SOLO-JOGJA TOLL LAND
PROCUREMENT
PROCUREMENT
Arranged By :
Aldila Surya Orienta - 20410143

2. The National Strategic Project (PSN) of the Solo-Jogja toll
road has become President Joko Widodo's priority in his
two administrations.
This project costs IDR 26.6 trillion for land
acquisition and physical development.
Until the end of 2020 land acquisition has
been completed reaching 1,614 plots.
LAND PROCUREMENT

3. LAND PROCUREMENT
LAND PROCUREMENT
PROCESS
PROCESS
The low compensation for the Solo-Jogja toll road project is due to
several things. First, the appraiser is unable to absorb the residents'
difficulties in finding replacement land.
In several villages in Klaten Regency, the appraisers did not meet the
residents, but only took market price comparison data which was then
processed to be used as the basis for the fair replacement value (NPW).

4. This is experienced by many affected residents who
work as farmers and their rice fields are affected by
the Solo-Jogja toll road project. Second, during the
land acquisition process for the Solo-Jogja toll road
project, there was a lot of pressure from public
officials.
The public officials in question are those who are part
of the Solo-Jogja toll road project, such as commitment
makers (PPK), prosecutors, district government officials,
National Land Agency officials, village heads, hamlet
heads, and even heads of neighborhood
associations/rukun Warga (RT). /RW).

5. LAND PROCUREMENT PROCEDURE
With regard to the procedures regulated in the laws
and presidential regulations, in particular Law no.
2/2012 and Presidential Decree No. 71/2012. Both
regulate land acquisition for the public interest.
In Article 37 of Law no. 2/2012 concerning the holding of
deliberation on the provision of compensation regulated the
form and value of compensation, but in practice or factual
implementation in villages where compensation payments
have been completed, no consultations are held.

6. RESIDENTS ARE FORCED TO ACCEPT WHATEVER
COMPENSATION VALUE IS GIVEN BY THE APPRAISER
THROUGH THE COMMITTEE. IF YOU DON'T AGREE, THE
CONSIGNMENT WILL BE CONTINUED THROUGH THE
COURTS. IN ARTICLE 70 OF PRESIDENTIAL REGULATION
NO. 71/2012 STATES THAT IN THE EVENT THAT AN
AGREEMENT HAS NOT BEEN REACHED, THE
COMPENSATION CONSULTATION CAN BE HELD MORE THAN
ONCE.
In practice this is hidden and is not carried out
by the land acquisition committee. Affected
residents were only given information on the fair
replacement value (NPW) given by the appraiser
and forced to accept it unconditionally.

7. EVALUATION OF SOLO-JOGJA TOLL
LAND PROCUREMENT PROGRAM
In the land acquisition for the national strategic project of the
Solo-Jogja toll road, there has been a mala-administration. The
land acquisition committee hides the value of the non-physical
compensation component given to the community.

8. In the deliberation on the provision of compensation, residents were only
given information about the value of the compensation which included
physical losses consisting of an indication of the market value of land,
buildings, plants, and additional non-physical losses (expenses and
interest waiting period).

9. PHYSICAL AND NON-PHYSICAL
LOSS OF SOLO-JOGJA TOLL
PROCUREMENT
The physical and non-physical losses are then added up and
multiplied by the estimated length of months for liquid
compensation and then multiplied by bank interest (0.5%).
The final result of the sum (physical, non-physical
compensation, and waiting period interest expense) is the
total compensation received by the residents.

10. In the practice of providing compensation that has taken
place, the non-physical compensation component is not
conveyed to the affected residents in the deliberation. As a
result of this non-transparent information, there are often
mistakes that people don't understand.
This is similar to the case of miscalculation of solatium experienced by
12 residents of Kadirojo II, Purwomartani, Sleman, DIY. Residents were
asked to return the excess money for miscalculation of solatium.
Residents also do not know how long they have to wait for liquid
compensation because the charges and interest for the waiting period
are not publicly disclosed.

11. HUMAN RIGHTS
HUMAN RIGHTS
VIOLATION
VIOLATION
There are still structural problems with regard to the concept of
public interest, appropriate and fair compensation, so it should
still be possible in the deliberation to discuss the value of
compensation which does not make the results of the KJPP
appraisal assessment the only basis.
When the community refuses, they are immediately
asked to file a lawsuit to the court within 14 days
and/or accept a consignment. In fact, the government
ignored the Komnas HAM recommendation and used
shortcuts.

12. The takeover of residents' land without deliberation on the
basis of Article 71 of Government Regulation no. 19 of
2021 concerning the Implementation of Land Procurement
for Development in the Public Interest as a new policy as a
result of the Law on Job Creation.
The land acquisition for the Yogyakarta-Solo toll road will
later cross two provinces, namely the 60.93 kilometer route in
DIY and 35.64 kilometers in Central Java. This toll road is
targeted to be operated in stages in 2023 and will be fully
operational in 2024. The total funds needed for land
acquisition payments reach Rp 17 trillion.

13. THANKYOU!
THANKYOU!