Original Article
ISSN (Online): 2350-0530
ISSN (Print): 2394-3629
International Journal of Research - GRANTHAALAYAH
January 2022 10(1), 161–169
How to cite this article (APA): Prawesthi, W., Khoidin, M., Suhartono, S., Setyadji, S. (2022). Justice Values for Provision of
Compensation in Land Procurement for Public Interest. International Journal of Research - GRANTHAALAYAH, 10(1), 161-169. doi:
10.29121/granthaalayah.v10.i1.2022.4472
161
JUSTICE VALUES FOR PROVISION OF COMPENSATION IN LAND
PROCUREMENT FOR PUBLIC INTEREST
Wahyu Prawesthi
1
, M. Khoidin
1
, Slamet Suhartono
1
, Sri Setyadji
1
1
Faculty of Law, Universitas 17 Agustus 1945 Surabaya, Indonesia
Received 9 November 2021
Accepted 19 December 2021
Published 31 January 2022
Corresponding Author
Wahyu Prawesthi,
wahyuprawesthi20@gmail.com
DOI
10.29121/granthaalayah.v10.i1.2022
.4472
Funding: This research received no
specific grant from any funding agency in
the public, commercial, or not-for-profit
sectors.
Copyright: © 2022 The Author(s).
This is an open access article
distributed under the terms of the
Creative Commons Attribution
License, which permits unrestricted
use, distribution, and reproduction in
any medium, provided the original
author and source are credited.
ABSTRACT
Motivation/Background: The legal problems found in providing compensation in land
acquisition for the public interest are vague norms in the interests of justice and
feasibility. The legislation on land acquisition has not explained the provision of
compensation fairly and adequately.
Method: This research uses normative legal analysis.
Results: This includes that the perspective of fairness in compensation for land
acquisition is essentially still characterized by pragmatic development programs and
conditions for compensation that the government has determined.
Conclusions: This shows that the provision of compensation must refer to the theory of
justice, the idea of practicality and the theory of legal certainty to realize the nature of a
prosperous legal state based on Indonesian Socialism and Pancasila.
Keywords: Justice, Compensation, Land Acquisition
1. INTRODUCTION
Proper land use can provide benefits, one of which is in the tourism industry
Riyadi et al. (2019) and impact on economic stability Warjiyati et al. (2020). The
land is one of the most vital sources of life for humans, one of the functions of
land is used to live with the establishment of a house as a place to live Lubis
(2019).Other types of land ownership include Eigendom, which means
"permanent ownership," and verbonding, a tax bill on land. Therefore, Eigendom
is a solid right of ownership. The term "verbonding" refers to a letter tax bill on
land ownership. The type of land rights known as property rights is the most
powerful. The law will no longer protect other land rights and these types of
property rights if it doesn't have certificate evidence Iskandar (2019). The term
"property rights" stems from the Dutch word "Eigendom," while "ownership" is
used in the Dutch language Anatami (2017). According to Simanjuntak, property
rights are the right to enjoy the use of an object and act freely. Against the thing
with complete sovereignty, as long as it does not contradict general laws or
regulations enacted by a competent body determine it. Furthermore, they do not
infringe on other people's rights Simanjuntak (2015).
Assessors assessed the compensation value of the land field by field.
Recommendation, in compensation discussions, as much consensus as feasible
should be obtained Subekti (2016).