Juridical Analysis of Land Procurement Problems

Oct 13, 2025 by magicalceylontours.com 129 views

Introduction

The rapid development of Indonesia demands increasing land needs, which poses a significant challenge for the government. With the limited land of the state, the government is forced to conduct land procurement, a process of obtaining land for the public interest. To regulate this process, the government issued Perpres No. 36 of 2005 concerning Land Procurement, which was then amended by Presidential Regulation No. 65 of 2006. Both Perpres aim to expedite the development process while continuing to protect the rights of landowners. However, the implementation of the two Perpres apparently still holds a number of problems.

Background

The government's need to acquire land for public interest is a complex issue that requires careful consideration of various factors. The process of land procurement involves the acquisition of land from private owners, which can be a contentious issue. The government's primary goal is to expedite the development process, but this must be balanced with the need to protect the rights of landowners. The two Perpres aim to achieve this balance, but their implementation has been marred by several problems.

Juridical Analysis of Land Procurement Problems

A juridical analysis of land procurement problems conducted through literature study reveals that the protection of landowners in terms of land compensation for the public interest is still weak. This is evident in several areas:

Compensation for Non-Physical Losses

The first problem is that Perpres No. 36 of 2005 and Perpres No. 65 of 2006 only regulate compensation for physical losses. There is no explanation of the form of compensation for non-physical losses, such as economic, social, and cultural losses that may be experienced by landowners. This omission has significant implications for landowners, who may suffer losses that are not adequately compensated.

Regulation of the Head of BPN No. 3 of 2007

The second problem is that Regulation of the Head of BPN No. 3 of 2007, which is a guideline for the implementation of the two Presidential Regulations, only sets the deadline for compensation payments in the form of cash no later than 60 days after the compensation decision is issued. There is no explanation of sanctions if the deadline is exceeded. This lack of clarity creates uncertainty for landowners, who may not receive compensation in a timely manner.

Consignment Mechanism

The third problem is that the consignment mechanism, which aims to speed up the land acquisition process, is still prone to be misused. Although this mechanism aims to protect the rights of landowners who do not receive compensation, its use must be accompanied by a strong and transparent reason so as not to harm the land owner.

Solutions to Overcome Land Procurement Problems

To overcome the problems associated with land procurement, several solutions can be implemented:

Completing the Regulation of Non-Physical Compensation

The first solution is to complete the regulation of non-physical compensation in Perpres No. 36 of 2005 and Perpres No. 65 of 2006. This will ensure that landowners receive adequate compensation for losses that are not physical in nature.

Establishing Strict Sanctions

The second solution is to establish strict sanctions for the government if the deadline for payment of compensation is exceeded. This will create a sense of accountability and ensure that landowners receive compensation in a timely manner.

Increasing Transparency and Accountability

The third solution is to increase transparency and accountability in the use of consignment mechanisms. This can be achieved by involving active participation from land and community owners in the decision-making process.

Conclusion

The implementation of Perpres No. 36 of 2005 and Perpres No. 65 of 2006 has been marred by several problems. To overcome these problems, it is essential to complete the regulation of non-physical compensation, establish strict sanctions, and increase transparency and accountability in the use of consignment mechanisms. By improving the implementation of these two Presidential Regulations, it is hoped that the land acquisition process can run more fairly and transparently, so that national development can be carried out well without sacrificing the rights of the community.

Recommendations

Based on the analysis conducted, the following recommendations are made:

The government should complete the regulation of non-physical compensation in Perpres No. 36 of 2005 and Perpres No. 65 of 2006.
The government should establish strict sanctions for the government if the deadline for payment of compensation is exceeded.
The government should increase transparency and accountability in the use of consignment mechanisms.
The government should involve active participation from land and community owners in the decision-making process.

By implementing these recommendations, it is hoped that the land acquisition process can be carried out in a more fair and transparent manner, and that the rights of landowners can be protected.

Q: What is land procurement, and why is it necessary for public interest?

A: Land procurement is the process of obtaining land for the public interest, which is necessary for various development projects, such as infrastructure development, housing, and economic development. The government needs to acquire land from private owners to carry out these projects.

Q: What are the main problems associated with land procurement in Indonesia?

A: The main problems associated with land procurement in Indonesia include the lack of clear regulations on compensation for non-physical losses, the absence of sanctions for late payment of compensation, and the misuse of the consignment mechanism.

Q: What is the consignment mechanism, and how is it used in land procurement?

A: The consignment mechanism is a process where the government temporarily takes possession of land from private owners, with the intention of acquiring it in the future. However, this mechanism is often misused, leading to disputes between the government and landowners.

Q: What are non-physical losses, and why are they important in land procurement?

A: Non-physical losses refer to economic, social, and cultural losses that landowners may experience as a result of land acquisition. These losses can include loss of livelihood, displacement, and cultural heritage loss. Non-physical losses are important in land procurement because they can have a significant impact on the well-being of landowners.

Q: What are the implications of not regulating non-physical losses in land procurement?

A: Not regulating non-physical losses in land procurement can lead to significant losses for landowners, including economic, social, and cultural losses. This can also lead to disputes and conflicts between the government and landowners.

Q: What are the benefits of establishing strict sanctions for late payment of compensation?

A: Establishing strict sanctions for late payment of compensation can create a sense of accountability and ensure that landowners receive compensation in a timely manner. This can also help to prevent disputes and conflicts between the government and landowners.

Q: How can transparency and accountability be increased in the use of consignment mechanisms?

A: Transparency and accountability can be increased in the use of consignment mechanisms by involving active participation from land and community owners in the decision-making process. This can include providing clear information about the consignment mechanism, ensuring that landowners are informed and consulted throughout the process, and establishing clear procedures for resolving disputes.

Q: What are the long-term implications of not addressing land procurement problems in Indonesia?

A: Not addressing land procurement problems in Indonesia can have significant long-term implications, including the displacement of communities, loss of cultural heritage, and economic losses for landowners. It can also lead to social and political instability, as well as conflicts between the government and landowners.

Q: What can be done to address land procurement problems in Indonesia?

A: To address land procurement problems in Indonesia, the government should complete the regulation of non-physical compensation, establish strict sanctions for late payment of compensation, and increase transparency and accountability in the use of consignment mechanisms. The government should also involve active participation from land and community owners in the decision-making process.

Q: What is the role of civil society organizations in addressing land procurement problems in Indonesia?

A: Civil society organizations play a crucial role in addressing land procurement problems in Indonesia by advocating for the rights of landowners, providing support and assistance to affected communities, and promoting transparency and accountability in the use of consignment mechanisms.

Q: What is the future of land procurement in Indonesia, and what challenges lie ahead?

A: The future of land procurement in Indonesia is uncertain, and several challenges lie ahead. The government must address the problems associated with land procurement, including the lack of clear regulations on compensation for non-physical losses, the absence of sanctions for late payment of compensation, and the misuse of the consignment mechanism. The government must also involve active participation from land and community owners in the decision-making process and promote transparency and accountability in the use of consignment mechanisms.