LAND OWNERSHIP DISPUTES IN THE IMPLEMENTATION OF LAND PROCUREMENT FOR PUBLIC INTERESTS FOR TOLL ROAD CONSTRUCTION IN LAMPUNG SELATAN DISTRICT (Study Of Decision No 13/Pdt.G/20/2018/PN Kla)

Abstract

The process of land acquisition for the public interest based on Law Number 2 of 2012 concerning Land Acquisition for Development for Public Interest Article 13 is carried out in stages: Planning, Preparation, Implementation, and Submission of results and assisted by the land acquisition committee. Land acquisition must be carried out through a process that ensures that there is no coercion of the will of one party against another. In addition, considering that the community must give up their land for a development activity, it must be guaranteed that their socio-economic welfare will not be worse than the original state, at least it must be equal to the situation before the land was used by the agency requiring the land. The problems are how to implement land acquisition procedures for the public interest against land objects in dispute, how to resolve disputes over ownership of land rights in land acquisition for public interests, and what are the basis for judges' considerations in deciding cases of disputes over land ownership rights in land acquisition for the public interest. This type of research is Normative Empirical, which uses a normative-empirical juridical research approach, namely an approach through literature study by reading, quoting, analyzing legal theories and legislation related to research problems. The data source used is primary data and secondary data which are then analyzed qualitatively. The results of this study indicate the procedures for implementing land acquisition for the public interest which are not in accordance with statutory regulations because in their implementation there are many mistakes made by the government as the party requiring land that ignores one's personal interests as the owner of the land so that this study raises disputes. ownership of land rights.