Worthy and Fair Compensation for the Owner of Land Rights in Land Procurement for Development in Public Interest

Mulyadi, Mulyadi (2022) Worthy and Fair Compensation for the Owner of Land Rights in Land Procurement for Development in Public Interest. Doctoral thesis, Untag 1945 Surabaya.

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Abstract

The problems discussed in this dissertation are: What is the nature of proper and fair compensation for the owners of land rights in Land Procurement for development in the public interest? and What is the concept of proper and fair compensation for the owner of land rights in Land Procurement for development in the public interest? The type of research in writing this dissertation is normative legal research, namely research on the rule of law, legal principles, and legal doctrines related to the nature of proper and fair compensation for owners of land rights in Land Procurement for development in the public interest. The conclusions in this study are as follows: The essence of proper and fair compensation for the owner of land rights in land procurement for development for the public interest, namely: compensation, is not only based on respect for land rights that have been mandated by the constitution, but also based on the function of land among the community. . The function possessed by the land as a social asset is that in society, especially customary law communities, land functions as a binder of social unity to live and live on it. While the function of capital assets means that land is capital in the development, development and driving of the economy both on a micro and macro scale. The concept of proper and fair compensation for the owner of land rights in Land Procurement for development for the public interest. Compensation is a replacement for the value of land and or other objects related to land as a result of relinquishing rights or revocation of land rights. The deliberation shall be held no later than 30 working days since the results of the appraisal from the Appraiser are submitted to the Land Agency to determine the form and or amount of compensation. In the event that there is no agreement regarding the form and amount of compensation, the entitled party may file an objection to the local District Court within a maximum period of 14 (fourteen) working days. The District Court shall decide the form and or amount of compensation within a maximum period of 30 (thirty) working days from the receipt of the objection. If the party entitled to object to the decision of the District Court, he is given the right to file an appeal to the Supreme Court within 14 days from the decision of the District Court. The decision of the Supreme Court/District Court that has obtained legal force remains the basis for payment of compensation to the entitled party.

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