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  • Thursday, 8 January 2015

    DETERMINATION OF COMPENSATION FOR DEVELOPMENT IN LAND ACQUISITION FOR PUBLIC INTEREST BY LAW NUMBER 2 IN 2012


    ABSTRACT
    The purposes of this research are to know and analyze the implementation determining of compensation in land acquisition to development for public importance at Bengkulu Tengah Regency and the constraints in that implementation based on Constitution Nomer 2 in 2012 about Procurement of Land to Development for Public Importance. Method of the research is the research descriptively with approach case study. Method of data collecting through interview. The analyze method is qualitative analysis.

    Results of this research showed that First, the implementation determining of compensation in land acquisition to development for public importance are  (a) in determining amount of compensation is formed Implementer Team Land Acquisition is called Nine Team. This thing showed appraisal of compensation suits with stipulation in Constitution No. 2 in 2012 Paragraph Rule 31, (b) before do determining amount of compensation, Nine Team didn’t do preparation of land acquisition is identification and verification, ownersihp, using, and utilization of land. This thing showed determining amount of compensation doesn’t suit with stipulation in Constitution No. 2 in 2012 Paragraph Rule 28, 29, and 30, (c) results of appraisal by Nine Team are informed to Agency of National Land Affairs of Bengkulu Tengah Regency in form of program announcement.This things showed results appraisal amount of compensation don’t suit with stipulation in Constitution No. 2 in 2012 Paragraph Rule 37 clause (2), (d) value of compensation to non-productive land based on price of land in local area and for productive land based on Decision Letter of Bengkulu Governor Nomer P.2245.VI in 2010 about Standard of Compensation to Cultivation in Bengkulu Province, but in Constitution No. 2 in 2012, there is not Paragraph Rules or clauses describe certainty in determining amount of compensation in land acquisition, (e) determining of compensation through conference of determining compensation by Nine Team. This thing showed determining of compensation suits with stipulation in Constitution No. 2 in 2012 Paragaraph Rule 37 and  (f) form of compensation is cash money that delivery through Branch Office Unit BRI (Bank Rakyat Indonesia) Talang Empat District, Bengkulu Tengah Regency. This thing showed giving of compensation suits with stipulation in Constitution No. 2 in 2012 Paragraph Rule 36. Second, the constraints in determining of compensation of land acquisition to development for public importance are (a) the election of certainty in determining of compensation was given by organization need land to subject’s of land and (b) availability do funds from organization need land wanta to amount of compensation as small as possible, on the contrary subject of land wants to value of compensation as big as possible.
    Keywords: Land Acquisition; Determining of Compensation
    THANKS FOR VISITING