PENETAPAN NILAI GANTI RUGI KERUGIAN ATAS TANAH DALAM HAL PENGADAAN TANAH DEMI KEPENTINGAN UMUM (STUDI KASUS PUTUSAN NO. REG. 297/PDT.G/2018/PN. CBI)

Keywords:

Compensation,, Evidence,, Public Interest

Abstract

The purpose of making this thesis is because there are still many people who are misguided about compensation in terms of land acquisition for the public interest. And to find out how the legal  arrangements in land acquisition are carried out in the public interest and how to determine the value of compensation for losses if the community does not agree with the value set by the government. The
data collection carried out in this thesis research was carried out by library research. The purpose of this approach is that research is based on the main legal material by examining theories, concepts, legal principles and laws and regulations related to this research. The results obtained from the research objectives, the first is the legal regulation of determining the value of compensation for land used for the public interest, which is the physical replacement of the land value not only multiplying the land with the NJOP but also relating to the land value and market value of one plot of land. as the basis for calculating land prices, of course, it is intended that the level of welfare of former rights holders does not suffer losses related to the social function of land rights, in addition to implying that  land rights must be used in accordance with the nature and purpose of their rights, so that they are  beneficial for the right holder and for the community. The second is when the compensation has been  deposited in the District Court as the ownership or rights to the land and the party entitled to be The purpose of making this thesis is because there are still many people who are misguided about compensation in terms of land acquisition for the public interest. And to find out how the legal  arrangements in land acquisition are carried out in the public interest and how to determine the value of compensation for losses if the community does not agree with the value set by the government. The data collection carried out in this thesis research was carried out by library research. The purpose of this approach is that research is based on the main legal material by examining theories, concepts, legal principles and laws and regulations related to this research. The results obtained from the research objectives, the first is the legal regulation of determining the value of compensation for land used for the public interest, which is the physical replacement of the land value not only multiplying the land with the NJOP but also relating to the land value and market value of one plot of land. as the basis for calculating land prices, of course, it is intended that the level of welfare of former rights holders does not suffer losses related to the social function of land rights, in addition to implying that
land rights must be used in accordance with the nature and purpose of their rights, so that they are  beneficial for the right holder and for the community. The second is when the compensation has been  deposited in the District Court as the ownership or rights to the land and the party entitled to be deleted and the evidence of their rights is declared invalid and the land becomes land that is directly controlled by the state.

Published

2022-05-29