Land Procurement Regulation in Indonesia

Oct 13, 2025 by magicalceylontours.com 9 views

Land Procurement Mechanism for Infrastructure Development in a Compensation Perspective: Study of Decision Number 55/Pdt.G/2017/PN KLA

Introduction

Land procurement is a crucial step in infrastructure development, particularly in the public interest. This process involves deliberations and consensus between the government and landowners or holders of land rights. Despite the clear legal basis, such as Article 18 of the Agrarian Law (UUPA) and Law No. 2 of 2012 concerning Land Procurement for Development for the Public Interest, problems often arise in its implementation. One of the main challenges is the imbalance between land collection and the amount of compensation offered to the community.

In this study, the authors aim to understand how the regulation and mechanism of land acquisition in Indonesia, as well as the application of land law to the procurement of land for the benefit of infrastructure development, can be seen through decision number 55/Pdt.G/2017/PN KLA. The methodology used is normative juridical research, with secondary data that includes primary, secondary, and tertiary legal materials, which are then analyzed qualitatively.

Land Procurement Regulation in Indonesia

Land procurement for the public interest is regulated by Law No. 2 of 2012. The process is divided into several stages, which include planning, preparation, implementation, and surrender of results. One important principle in land acquisition is deliberation. This principle aims to achieve a fair agreement between the government and landowners regarding the value of compensation. Unfortunately, although there are clear rules, many people do not fully understand this mechanism.

The regulation of land procurement in Indonesia is governed by several laws and regulations, including:

Article 18 of the Agrarian Law (UUPA): This article provides the legal basis for land procurement for the public interest.
Law No. 2 of 2012 concerning Land Procurement for Development for the Public Interest: This law regulates the process of land procurement for the public interest, including the stages of planning, preparation, implementation, and surrender of results.
Government Regulation No. 38 of 2012: This regulation provides further guidelines on the implementation of land procurement for the public interest.

Land Procurement Mechanism for Infrastructure Development

The land acquisition mechanism begins with the identification of land needs for infrastructure projects. After that, the government conducted socialization to the community related to the project to be implemented. The deliberation process is carried out to obtain approval from the landowner. If the agreement is not reached, the government can continue the procurement process through legal channels.

However, often an imbalance arises when people feel the value of compensation offered is not comparable to the value of the land taken. This causes rejection from landowners and increases the tension between the government and the community.

The land procurement mechanism for infrastructure development involves several stages, including:

Identification of land needs: The government identifies the land needed for infrastructure projects.
Socialization: The government conducts socialization to the community related to the project to be implemented.
Deliberation: The deliberation process is carried out to obtain approval from the landowner.
Implementation: If the agreement is not reached, the government can continue the procurement process through legal channels.

Application of Land Law in the Case of Decision Number 55/Pdt.G/2017/PN KLA

In Decision Number 55/Pdt.G/2017/PN KLA, the verdict states that objections from the applicant cannot be accepted because they have crossed the deadline for submission. This shows the importance of community understanding of the legal process and the time period applicable in submitting objections. People often do not get enough information about their rights, so they cannot take the right action in the face of the injustice they feel.

The application of land law in the case of Decision Number 55/Pdt.G/2017/PN KLA highlights the importance of community understanding of the legal process and the time period applicable in submitting objections. The verdict shows that the court has taken into account the legal basis and the time period applicable in submitting objections.

Conclusion

Land procurement mechanisms for the public interest in Indonesia still face various challenges, especially related to community communication and understanding of their rights. Although there are regulations governing land acquisition, there is an imbalance in the value of compensation remains a barrier. Therefore, it is important for the government to be more active in socializing the land acquisition process and providing education about the rights of the community to create justice and balance in its implementation. The court also plays an important role in ensuring that every decision taken involves fair considerations towards all parties involved.

In conclusion, the land procurement mechanism for infrastructure development in Indonesia is a complex process that involves several stages, including planning, preparation, implementation, and surrender of results. The regulation of land procurement in Indonesia is governed by several laws and regulations, including Article 18 of the Agrarian Law (UUPA) and Law No. 2 of 2012 concerning Land Procurement for Development for the Public Interest. The application of land law in the case of Decision Number 55/Pdt.G/2017/PN KLA highlights the importance of community understanding of the legal process and the time period applicable in submitting objections.

Recommendations

Based on the findings of this study, the following recommendations are made:

The government should be more active in socializing the land acquisition process: The government should provide education about the rights of the community and the land acquisition process to create justice and balance in its implementation.
The court should ensure that every decision taken involves fair considerations towards all parties involved: The court should take into account the legal basis and the time period applicable in submitting objections to ensure that every decision taken involves fair considerations towards all parties involved.
The community should be more aware of their rights: The community should be more aware of their rights and the land acquisition process to take the right action in the face of the injustice they feel.

By implementing these recommendations, the land procurement mechanism for infrastructure development in Indonesia can be improved to create justice and balance in its implementation.
Frequently Asked Questions (FAQs) about Land Procurement Mechanism for Infrastructure Development in Indonesia

Q: What is the land procurement mechanism for infrastructure development in Indonesia?

A: The land procurement mechanism for infrastructure development in Indonesia is a process that involves several stages, including planning, preparation, implementation, and surrender of results. The regulation of land procurement in Indonesia is governed by several laws and regulations, including Article 18 of the Agrarian Law (UUPA) and Law No. 2 of 2012 concerning Land Procurement for Development for the Public Interest.

Q: What are the stages of the land procurement mechanism for infrastructure development in Indonesia?

A: The stages of the land procurement mechanism for infrastructure development in Indonesia include:

Identification of land needs: The government identifies the land needed for infrastructure projects.
Socialization: The government conducts socialization to the community related to the project to be implemented.
Deliberation: The deliberation process is carried out to obtain approval from the landowner.
Implementation: If the agreement is not reached, the government can continue the procurement process through legal channels.

Q: What is the role of the government in the land procurement mechanism for infrastructure development in Indonesia?

A: The government plays a crucial role in the land procurement mechanism for infrastructure development in Indonesia. The government is responsible for identifying the land needed for infrastructure projects, conducting socialization to the community, and implementing the land procurement process.

Q: What is the role of the community in the land procurement mechanism for infrastructure development in Indonesia?

A: The community plays a crucial role in the land procurement mechanism for infrastructure development in Indonesia. The community is responsible for providing information about their rights and the land acquisition process to create justice and balance in its implementation.

Q: What are the challenges faced by the land procurement mechanism for infrastructure development in Indonesia?

A: The land procurement mechanism for infrastructure development in Indonesia faces several challenges, including:

Imbalance in the value of compensation: The value of compensation offered to the community is often not comparable to the value of the land taken.
Lack of community understanding of the legal process: The community often does not get enough information about their rights and the land acquisition process.
Lack of government socialization: The government often does not provide enough education about the rights of the community and the land acquisition process.

Q: What are the recommendations for improving the land procurement mechanism for infrastructure development in Indonesia?

A: The following recommendations are made to improve the land procurement mechanism for infrastructure development in Indonesia:

The government should be more active in socializing the land acquisition process: The government should provide education about the rights of the community and the land acquisition process to create justice and balance in its implementation.
The court should ensure that every decision taken involves fair considerations towards all parties involved: The court should take into account the legal basis and the time period applicable in submitting objections to ensure that every decision taken involves fair considerations towards all parties involved.
The community should be more aware of their rights: The community should be more aware of their rights and the land acquisition process to take the right action in the face of the injustice they feel.

By implementing these recommendations, the land procurement mechanism for infrastructure development in Indonesia can be improved to create justice and balance in its implementation.