Reconstruction of Land Procurement Policies and Land Losses Compensation in the Name of Public Interests Based on Justice Value

Abstract

In its development, the implementation of Law Number 2 of 2012 in Indonesia has not been in accordance with the mandate of Article 28D of the 1945 Constitution of the Republic of Indonesia, this can be seen in the case of land acquisition in the name of public interest for the construction of toll roads in Sido Gemah where the amount compensation is not in accordance with the expectations of the affected community. This and many other similar cases are what makes the author interested in discussing it in a study with the main problem of what weaknesses arise in the implementation of land acquisition policies and compensation for land losses for development in the name of public interest and how is the policy reconstruction based on the value of justice. The research method used in this article is a non-doctrinal method with a constructivist paradigm. Based on the research conducted, it was found that the implementation is not yet based on a justice value as seen from the unclear length of time to pay off land compensation after determining the location, unclear standards in determining the amount of compensation, and lack of transparency in the compensation process for the affected communities; As for the weaknesses in the compensation system for land acquisition for development for the benefit of Indonesia at this time, namely the weaknesses related to the laws and regulations, which both Law Number 2 of 2012 and Presidential Regulation Number 148 of 2015 do not clearly state the length of time to pay off the compensation, the amount of compensation, as well as community involvement in relation to compensation for land acquisition for development in the public interest; so it is necessary to carry out legal reconstruction both in Law Number 2 of 2012 and Presidential Regulation Number 148 of 2015 to set a better standard so that it can reflect the value of justice better.