Juridical Aspects of the Implementation of Land Procurement for Public Interest After the Issuance of Presidential Regulation Number 36 of 2005

Oct 13, 2025 by orovajewels.com 80 views

Juridical Aspects of the Implementation of Land Procurement for Public Interest After the Issuance of Presidential Regulation Number 36 of 2005

Introduction

Land procurement for the public interest is a complex process that often causes conflict. The implementation of land acquisition was previously regulated in Presidential Decree Number 55 of 1993 as an implementation of Article 6 of the Agrarian Acting Law (UUPA) on land as a social function. However, after the issuance of Presidential Regulation Number 36 of 2005, Presidential Decree Number 55 of 1993 was no longer valid. This study examined the implementation of land acquisition for the public interest after the issuance of Presidential Regulation No. 36 of 2005, with a focus on the case study of the Kwala Namu Airport project in Labu Pantai District and the Tanjung Morawa road widening project in Buntu Bedimbar Village, Tanjung Morawa District, Deli Serdang Regency.

Background

Land procurement for the public interest is a process that involves the acquisition of land from private individuals or communities for the benefit of the public. This process is often complex and can cause conflict between the government and the affected communities. The implementation of land acquisition is regulated by laws and regulations, including Presidential Decree Number 55 of 1993 and Presidential Regulation Number 36 of 2005. However, the implementation of these laws and regulations has been criticized for being unfair and causing conflict.

Research Questions

This study aims to answer the following research questions:

How is the regulation of implementing land procurement for the public interest before and after the issuance of Presidential Regulation Number 36 of 2005?
How is the determination of the amount of compensation in the implementation of land acquisition for the public interest before and after the issuance of Presidential Regulation Number 36 of 2005?
What constraints are faced in the process of implementing land procurement for the public interest?

Methodology

This study uses legal research methods with a normative juridical approach. The research location was conducted in Pantai Labu District and Buntu Bedimbar Village, Tanjung Morawa District, Deli Serdang Regency. The research population is all people affected by land acquisition for the public interest in the region. Research samples were taken randomly as many as 30 respondents in Pantai Labu District and 30 respondents in Buntu Bedimbar Village.

Research data obtained from primary data through the distribution of questionnaires to respondents and informants, as well as interviews. In addition, secondary data are also obtained from various sources such as primary, secondary and tertiary legal materials.

Results

The results of the study showed that the implementation of land acquisition in the public interest, both before and after the enactment of Presidential Regulation No. 36 of 2005, was still not fully in accordance with applicable laws and regulations. Some problems arise, such as:

Determination of the amount of compensation not through consensus, but is carried out with threats and intimidation. This causes community dissatisfaction and triggers conflict.
Determination of the criteria for compensation prices was determined in advance by the Regional Government, not based on the results of deliberations between the community and the land acquisition committee. This is not fair and harmful to the community.
Constraints encountered in the implementation of compensation are the limited funds in the APBD. As a result, the government provides compensation funds below the supposed price, which makes people feel disadvantaged.
The deliberations carried out did not run democratically because of the threat and intimidation to the community. This makes people reluctant to release their land for the public interest.

Discussion

The results of the study indicate that the implementation of land acquisition for the public interest is still not fully in accordance with applicable laws and regulations. The determination of the amount of compensation is not carried out through consensus, but is carried out with threats and intimidation. This causes community dissatisfaction and triggers conflict.

The determination of the criteria for compensation prices is also not fair and harmful to the community. The constraints encountered in the implementation of compensation are the limited funds in the APBD. As a result, the government provides compensation funds below the supposed price, which makes people feel disadvantaged.

The deliberations carried out did not run democratically because of the threat and intimidation to the community. This makes people reluctant to release their land for the public interest.

Conclusion

Based on the results of the study, some suggestions that can be given to improve the implementation of land acquisition for the public interest are:

Using the term "compensation" not "compensation" in statutory regulations. The term "compensation" contains the meaning that the community is always disadvantaged, while "compensation" is more neutral and shows efforts to compensate the loss experienced by the community.
Implement formal and substantial land acquisition by implementing applicable laws and regulations. This is important to ensure a fair and transparent land acquisition process.
Form an independent institution whose job is to oversee the implementation of land acquisition for the public interest. This institution can help in ensuring that the land acquisition committee can carry out their duties in accordance with applicable laws and regulations and protect the rights of the community.

By making these improvements, it is hoped that the implementation of land acquisition for the public interest can run better, more fairly, and more transparently, so as to minimize conflict and improve the welfare of the community.

Recommendations

Based on the results of the study, the following recommendations are made:

The government should improve the implementation of land acquisition for the public interest by using the term "compensation" not "compensation" in statutory regulations.
The government should implement formal and substantial land acquisition by implementing applicable laws and regulations.
The government should form an independent institution whose job is to oversee the implementation of land acquisition for the public interest.

By implementing these recommendations, it is hoped that the implementation of land acquisition for the public interest can run better, more fairly, and more transparently, so as to minimize conflict and improve the welfare of the community.

Limitations of the Study

This study has some limitations. The study only focuses on the case study of the Kwala Namu Airport project in Labu Pantai District and the Tanjung Morawa road widening project in Buntu Bedimbar Village, Tanjung Morawa District, Deli Serdang Regency. The study also only examines the implementation of land acquisition for the public interest after the issuance of Presidential Regulation No. 36 of 2005.

Future Research Directions

This study provides some insights into the implementation of land acquisition for the public interest. However, there are still many aspects that need to be studied further. Some future research directions are:

Studying the implementation of land acquisition for the public interest in other regions.
Examining the impact of land acquisition on the community.
Studying the role of the government in the implementation of land acquisition for the public interest.

By studying these aspects, it is hoped that the implementation of land acquisition for the public interest can be improved and the welfare of the community can be enhanced.
Q&A: Juridical Aspects of the Implementation of Land Procurement for Public Interest After the Issuance of Presidential Regulation Number 36 of 2005

Q: What is the main purpose of this study?

A: The main purpose of this study is to examine the implementation of land acquisition for the public interest after the issuance of Presidential Regulation No. 36 of 2005, with a focus on the case study of the Kwala Namu Airport project in Labu Pantai District and the Tanjung Morawa road widening project in Buntu Bedimbar Village, Tanjung Morawa District, Deli Serdang Regency.

Q: What are the research questions of this study?

A: The research questions of this study are:

How is the regulation of implementing land procurement for the public interest before and after the issuance of Presidential Regulation Number 36 of 2005?
How is the determination of the amount of compensation in the implementation of land acquisition for the public interest before and after the issuance of Presidential Regulation Number 36 of 2005?
What constraints are faced in the process of implementing land procurement for the public interest?

Q: What are the main findings of this study?

A: The main findings of this study are:

The implementation of land acquisition in the public interest, both before and after the enactment of Presidential Regulation No. 36 of 2005, was still not fully in accordance with applicable laws and regulations.
The determination of the amount of compensation not through consensus, but is carried out with threats and intimidation.
The determination of the criteria for compensation prices was determined in advance by the Regional Government, not based on the results of deliberations between the community and the land acquisition committee.
Constraints encountered in the implementation of compensation are the limited funds in the APBD.
The deliberations carried out did not run democratically because of the threat and intimidation to the community.

Q: What are the implications of this study?

A: The implications of this study are:

The implementation of land acquisition for the public interest needs to be improved to ensure that it is carried out in accordance with applicable laws and regulations.
The determination of the amount of compensation should be carried out through consensus, not through threats and intimidation.
The determination of the criteria for compensation prices should be based on the results of deliberations between the community and the land acquisition committee.
The constraints encountered in the implementation of compensation should be addressed by increasing the funds in the APBD.
The deliberations carried out should be carried out democratically, without threats and intimidation.

Q: What are the recommendations of this study?

A: The recommendations of this study are:

The government should improve the implementation of land acquisition for the public interest by using the term "compensation" not "compensation" in statutory regulations.
The government should implement formal and substantial land acquisition by implementing applicable laws and regulations.
The government should form an independent institution whose job is to oversee the implementation of land acquisition for the public interest.

Q: What are the limitations of this study?

A: The limitations of this study are:

The study only focuses on the case study of the Kwala Namu Airport project in Labu Pantai District and the Tanjung Morawa road widening project in Buntu Bedimbar Village, Tanjung Morawa District, Deli Serdang Regency.
The study only examines the implementation of land acquisition for the public interest after the issuance of Presidential Regulation No. 36 of 2005.

Q: What are the future research directions of this study?

A: The future research directions of this study are:

Studying the implementation of land acquisition for the public interest in other regions.
Examining the impact of land acquisition on the community.
Studying the role of the government in the implementation of land acquisition for the public interest.

Q: What are the benefits of this study?

A: The benefits of this study are:

The study provides insights into the implementation of land acquisition for the public interest.
The study identifies the problems and constraints encountered in the implementation of land acquisition for the public interest.
The study provides recommendations for improving the implementation of land acquisition for the public interest.

Q: What are the contributions of this study?

A: The contributions of this study are:

The study contributes to the understanding of the implementation of land acquisition for the public interest.
The study contributes to the identification of the problems and constraints encountered in the implementation of land acquisition for the public interest.
The study contributes to the development of recommendations for improving the implementation of land acquisition for the public interest.