Legal Reconstruction Of Compensation System “Proper” And “Fair” In Land Acquisition For General Interest

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Hasan Basri , Zainal Asikin , H.M. Arba , Widodo Dwi Putro


According to the Indonesian regulation on land acquisition for the public interest, land acquisition is an activity that provides land by paying proper and fair compensation to the entitled party. However, no explanation is provided as to what an appropriate and suitable settlement will entail, resulting in legal uncertainty and multiple interpretations in its implementation. As a result, legal reconstruction is required to construct a compensation system that meets the intended fair and just principles. According to the findings of this study, the legal structure of a compensation system that meets the principles of fairness and justice must be built on several elements, including the following: first, the aspect of value, which includes the importance of physical and non-physical losses; second, the value is calculated by an independent and professional appraiser; third, the value and form of compensation are determined through fair deliberation and without coercion; and fourth, the bright future is protected.

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