Determination versus Deliberation of Indemnity Value Land Procurement for the Public Interest

Abstract

. Every land right has a social function, but in terms of providing land for the public interest, it is not appropriate to apply its social function. Especially if the public interest is commercial. Often the provision of land is used for commercial purposes and there is an increase and jump in the value of land area. Settlement of compensation for the provision of land for public purposes has resulted in various problems. One of the problems is the rejection of the replacement value set by the public assessment team. Chapter IV part four Paragraph 4 of Law no. 2 of 2012 with the title Deliberation Determination of Compensation. It is necessary to explore the contradiction between the determination of the compensation value and the deliberation on determining the compensation. To do this, a normative juridical study was conducted by examining the norms of Article 37 of Law no. 2 of 2012 which is related to Article 34 and Article 26. The deliberation is not in the framework of agreeing on the difference in replacement price between the version of the public appraisal team and the price expected by the public. However, deliberation is to resolve differences in physical data and juridical data on land area released or to resolve other problems. Meanwhile, the determination of the basic value of the replacement is fixed and is not subject to deliberation. It is not appropriate to provide land for the public interest through compensation for the value of compensation, but it should be done with an appropriate and equitable assessment for the welfare of the community. Especially if the provision of land is related to commercial interests and not social interests. The fourth paragraph, Part Four, Chapter IV of Law No. 2 of 2012, uses the subheading of the Deliberation on the Determination of Compensation, in fact the content is an equalization of the perception of physical data and juridical data on the released land objects, so that a settlement can be carried out by conducting deliberation. Meanwhile, the compensation value has been determined as the public authority based on the value of the land zone which cannot be changed. Making the essence of deliberation unrealized.