CD Skripsi
Pelaksanaan Pemberian Ganti Rugi Kepada Pemegang Hak Atas Tanah Dalam Pengadaan Tanah Untuk Kepentingan Umum (Studi Kasus Putusan Konsinyasi No.13/ Pdt.P/Kons/2017/Pn.Pbr)
ABSTRACT
Infrastructure development in this case the highway itself is still very much needed as a means of supporting land transportation to help the economy in the community. The increasing volume of commercial land transportation vehicles (motorbikes, cars), public transportation (buses, minibuses) and freight transportation (trucks) certainly requires a lot of land / land so that there is no overcrowding of vehicles, especially during peak hours that occur sustainably. In carrying out this infrastructure development, parties who need land can use the other party's land rights by seeking approval from the land rights holder. Parties who need land can be pursued through the transfer of rights in the form of buying and selling, or the release of land rights by the holder by providing compensation by the parties who need the land to the holder of the land rights. To anticipate land disputes and conflicts that will occur, legal tools and a neat and orderly land administration system are needed, so as to guarantee and be able to provide legal protection to land rights owners and can regulate the ownership, transfer and allotment of land in a fair and comprehensive manner.
Research using a type of Empirical Juridical research or Legal Sociology research is an approach used to see something legal reality in society. The Sociology of Law approach is an approach used to look at legal aspects in social interaction in society and serves as a support for identifying and clarifying findings of non-legal materials for the purposes of legal research or writing.
From the results of the first study, the implementation of the provision of compensation to land rights holders based on convoluted Consignment Decisions cannot be proven due to misunderstandings starting from the preparation stage, implementation, to submission of results and the implementation of the compensation process has been carried out in accordance with laws and regulations. The lack of public understanding and the laws governing the reference point of land assessment make this compensation process time-consuming and do not show transparency of justice in question. Secondly, The implementation of compensation is hampered because there are parties who refuse the amount of compensation offered by the land acquisition implementation team with the results of calculations from an independent. There is a discrepancy between the name of the previous land title holder and the current land owner, and the constraints of finding the owner of the land because the owner who has died or has also moved his domicile makes the provision of compensation entrusted in court (consignment)
Keywords: Consignment - Land Acquisition - Land Rights - Compansation
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