PELAKSANAAN PENGADAAN TANAH UNTUK KEPENTINGAN UMUM BERDASARKAN PERATURAN PRESIDEN NO. 148 TAHUN 2015 (Studi Kasus Pengadaan Tanah Untuk Pembangunan Jalan Tol Di Kabupaten Boyolali)
Authors
JARWADI JARWADI
Abstract
The purpose of this study is to: 1) Review and analyze the procurement of land for
the public interest in the construction of highways in Boyolali district is in
compliance with the legislation. 2) review and analyze the procurement of land for
the public interest in the construction of highways in Boyolali district already meets
the elements of equity for the holders of land rights.
The method of approach in writing this is the juridical sociological. The
specification of this research uses descriptive analytic. Data source use the primary
data and the data of skunder. Engineering data collection using the study interview,
the library and study the documents. To analyze the data, the researchers used a
qualitative descriptive methods of analysis.
Based on the research results obtained conclusions that: 1) the
implementation of the provision of land for the public interest in the construction of
highways in Boyolali Regency based on presidential regulation Number 148 Year
2015 the fourth Change of over Regulation Number 71 Year 2012 President about
organizing the procurement of Land for development for the benefit of the public
that is implemented through the stages: stages of development plans, notification is
done through socialization Councilor. This socialization activity carried out several
times until it gets approval from the Councilor. The next step is done the
assessment of damages that are adapted to the conditions of the location of the
land. The next step is to conduct deliberations awarding damages and
determination of damages. 2) procurement of land for the construction of toll roads,
Solo-Mantingan already meets the elements of fairness, it is indicated by the
existence of the grant of a compensation value corresponds to the market price to
the community as holder of the property rights over the land, so by the existence of
the toll road construction creates happiness and sense of Justice. It is in accordance
with the theory of Justice advanced by John Stuart Mill. John Stuart Mill stated that
justice is aimed at the attainment of happiness.
Keywords: procurement of land, public interest, the elements of Justice.