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VOL. 8, ISSUE 5 (2022)
The urgency of sustainable principle in law no. 2 of 2012 on acquisition of land for development in the public interest “A lesson learnt from billionaires village in Tuban”
Authors
A Fauzan, M Ali H M
Abstract
The rules of the principle of sustainability in land acquisition for development in the legal system in Indonesia is regulated in Article 2 of the Land Acquisition Law. In addition, the principle of sustainability in the Land Acquisition Law is seen as a program from the idea of sustainable development which has been translated into Indonesian with the term sustainable development. Furthermore, the Land Acquisition Law also mandates that its implementation must be carried out through a more complete and more technical elaboration in a Government Regulation (Peraturan pemerintah/ PP). To fulfill these provisions, thus PP No. 19 of 2021 concerning Land Acquisition had been signed by the President after almost a decade from the time of the Land Acquisition Law enaction.The main discussion of this research is: is the form of compensation based on the Government Regulation (Peraturan Pemerintah/ PP) No. 19 of 2021 concerning the Implementation of Law No. 2 of 2012 (Land Acquisition Law) in-line with the sustainability principle in the Land Acquisition Law?. The research method used by the authors is normative juridical research. This research carried out by studying and reviewing legislation and legal theory in Indonesia in accordance with the problems to be studied. The legal material collection method used in this study is the library research method which means that this research is performed by the author through reading, summarizing, and reviewing library materials related to this study in the form of literature, relevant laws, regulations, and directly related to the object of research that is studied and used as a theoretical basis. Then the materials are processed qualitatively and then presented descriptively through explanation, definition, and description according to the problems that are discussed in this research. The results of this study is the Government Regulation (Peraturan Pemerintah/ PP) No. 19 of 2021 concerning the Implementation of Law No. 2 of 2012 (Land Acquisition Law) is still considered not in line with the sustainability principle in the Land Acquisition Law. Specifically, the norm whose contents have inconsistent characteristics is the norm that regulated in Article 77 of the PP on Land Acquisition. This norm still implicitly stipulates that the main form of compensation is in the form of money. Whereas as is known in this discussion, money is a form of compensation with the lowest value when viewed from the principle of sustainability, whereas in fact there are other forms of compensation that have some sustainability values.
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Pages:20-23
How to cite this article:
A Fauzan, M Ali H M "The urgency of sustainable principle in law no. 2 of 2012 on acquisition of land for development in the public interest “A lesson learnt from billionaires village in Tuban”". International Journal of Law, Vol 8, Issue 5, 2022, Pages 20-23
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