Legal reconstruction of land procurement regulations for development in public interest based on the values of Pancasila justice
Gunarto, Nurna Ningsih, Anis Mashdurohatun
The purpose of this research is to analyze the weaknesses of the regulation of land acquisition for development in favor of the public interest that isn't just yet and how to reconstruct the law in order to realize a law that is able to fulfill the public interest based on the value of Pancasila justice which is analyzed using the constructivism paradigm with sociological juridical approach method to solve research problems by examining secondary data and primary data by finding the legal reality experienced in the field as well as qualitative descriptive methods, namely where the data obtained are then arranged systematically so that a comprehensive picture will be obtained, where later the data will be presented in detail. The results of the study indicate that the weakness of the regulation on land acquisition for development in the public interest is the legal substance, legal structure, and legal culture. therefore, there needs to be a Reconstruction of land acquisition regulations for development in the public interest based on the value of Pancasila justice, namely in Law No. 2 of 2012 by adding special rules related to the concept of land acquisition and the concept of revocation of land rights as well as the event of revocation of land rights during deliberation to achieve agreement on the construction site and the provision of compensation failed. Then in Government Regulation Number 19 of 2021 Article 69 paragraph (3), Article 70 paragraph (1) - (4), Article 71 paragraph (1), and additional articles in the Regulation of the Minister of Agrarian and Spatial Planning / Head of the National Land Agency of the Republic of Indonesia No. 17 of 2021 which was placed after the tenth part, namely the Provision of Compensation for the destroyed land, to became the 19th article.
Gunarto, Nurna Ningsih, Anis Mashdurohatun. Legal reconstruction of land procurement regulations for development in public interest based on the values of Pancasila justice. International Journal of Law, Volume 8, Issue 4, 2022, Pages 235-240