scholarly journals IMPLEMENTASI PENGADAAN TANAH UNTUK PEMBANGUNAN JALAN TOL MANADO-BITUNG DI KABUPATEN MINAHASA UTARA

2018 ◽  
Vol 14 (1) ◽  
pp. 355
Author(s):  
Charles R. Ngangi ◽  
Melsje Yellie Memah
Keyword(s):  
Task Force ◽  
Land Ownership ◽  
Land Acquisition ◽  
The Road ◽  
Toll Road ◽  
Road Development ◽  
Third Stage ◽  
Sample Method ◽  
Public Consultations

This study aims to describe (1) implementation and (2) mechanism of land acquisition compensation for Manado-Bitung Toll Road development in North Minahasa Regency based on Law No. 2 Year 2012. The research was conducted on the object of Manado-Bitung Toll Road development of North Minahasa Regency. The study conducted from October 2017 to April 2018. The method used in this research is descriptive qualitative method. Determination of sample method used purposive sampling method. The research found that (1) in the process of land procurement implementation at the stages: (a) planning and (b) the preparation stage were not implemented properly. Initial data not available, multiple location revision fixes, and public consultations not implemented; (c) at the implementation stage by task force A and task force B are constrained by the absence of landowners, no land boundary markers, also at certain track terraces or point of the middle of the road there are coordinate differences, lack of building and plant appraisers, and land ownership issues; at stage (d) the delivery of the results has not yet been delivered as there are still areas ofland that have not been released yet. As for (2) The mechanism for appraisal of compensation is found in stage (a) Determination of Land Appraisal by the Chief of Land Acquisition Officer in the implementation of appraisal by appraissal person there is delay of nominative submission; at stage (b) deliberations that occur are only limited to the determination of the form of indemnity and not the determination of the value of the indemnity. Whereas the determination of compensation value based on deliberation can prevent the occurrence of disagreement which will potentially the occurrence of dispute to the court can even cause riot, third stage (c) there is a consignment for compensation in court due to the existence of parcels that have no agreement in terms of the amount of compensation and still there dispute over land ownership.

scholarly journals The Analysis of Consincing Money Deposits in The State Court As A Form of Accountability of Land Liberation Land Loading In Sumatera Toll Road In Kalianda State Court

2021 ◽  
Vol 7 (1) ◽  
pp. 70-78
Author(s):  
Dilla Nandya Oksitania ◽  
Erlina B ◽  
Yulia Hesti
Keyword(s):  
Land Ownership ◽  
Land Acquisition ◽  
District Court ◽  
State Court ◽  
Or Management ◽  
Toll Road ◽  
Middle Way ◽  
The People ◽  
Cash Payment ◽  
To Receive

Land is the most important element for humans to live, this is because land is a place where natural and man-made resources grow and are also built. Indonesia even regulates land ownership through this Land Law so that land use or management can be carried out carefully in the present and in the future. Land issue is a problem that concerns the most basic rights of the people. If the person in possession of the receivable refuses payment from the debtor, then the party owed can make cash payment of the debt by offering a payment made by the bailiff accompanied by 2 (two) witnesses. If the debtor refuses to receive payment, the money is deposited in the cash registrar of the District Court as a deposit / consignment. The offer and safekeeping must be legalized by a judge's order. By carrying out a consignment, it will be freed from the obligation as the debtor, because a consignment can be equated with making payments. However, all this must be done in a manner regulated by statutory regulations. KThe signaling was carried out after the deliberation mechanism which was supposed to be a means of finding a middle way in determining the amount of compensation often failed to reach an agreement. the consignment was carried out so that government projects for the sake of continued progress   Keywords: Consignment, Settlement of Land Acquisition Loss, Sumatran Toll Road  

scholarly journals ĐÁNH GIÁ CÔNG TÁC BỒI THƯỜNG, HỖ TRỢ KHI NHÀ NƯỚC THU HỒI ĐẤT TẠI MỘT SỐ DỰ ÁN TRÊN ĐỊA BÀN HUYỆN NÔNG SƠN, TỈNH QUẢNG NAM

2021 ◽  
Vol 5 (1) ◽  
pp. 2243-2251
Author(s):  
Nguyễn Văn Bình ◽  
Nguyễn Đình Tiến ◽  
Nguyễn Thị Châu Sơn
Keyword(s):  
Industrial Cluster ◽  
Land Acquisition ◽  
Project Implementation ◽  
Land Area ◽  
Total Cost ◽  
The Road ◽  
The People

Nghiên cứu này được thực hiện nhằm đánh giá về công tác bồi thường, hỗ trợ của một số dự án trên địa bàn huyện Nông Sơn, tỉnh Quảng Nam. Thông qua phân tích các tài liệu, văn bản đã thu thập được cho thấy: Trong giai đoạn 2016 - 2019, huyện Nông Sơn đã thực hiện công tác bồi thường, giải phóng mặt bằng cho 26 công trình/dự án. Trong đó, 2 dự án chính được nghiên cứu là dự án Cụm Công nghiệp Nông Sơn và dự án Đường giao thông tránh lũ xã Quế với tổng chi phí bồi thường giải phóng mặt bằng trên 4,4 tỷ đồng và tổng diện tích đất thu hồi trên 38 nghìn m2, ảnh hưởng trực tiếp đến 84 hộ dân trong vùng thực hiện dự án. Có 94,05% hộ dân tham gia phỏng vấn đồng ý về việc việc xác định đối tượng và điều kiện được bồi thường, 86,90% hộ dân đồng ý với giá bồi thường đất và 85,71% hộ dân đồng ý với giá bồi thường tài sản trên đất. Từ các kết quả trên, nghiên cứu đã đưa ra một số đề xuất, giải pháp nhằm nâng cao hiệu quả công tác bồi thường, hỗ trợ tái định cư tại huyện Nông Sơn, tỉnh Quảng Nam trong thời gian tới.  ABSTRACT This study was conducted to evaluate the compensation and support of some projects in the area of ​​Nong Son district, Quang Nam province. Through the analysis of the collected documents, it showed that: In the period of 2016 - 2019, Nong Son district implemented compensation and site clearance for 26 works/projects. In which, two main projects studied were the project of Nong Son Industrial Cluster and the Road to avoid floods in Que Trung commune with a total cost of compensation for site clearance of over 4.4 billion VND and the total land area. over 38,000 m2 of land acquisition, directly affecting 84 households in the project implementation area. 94,05% of households participating in the interview agreed on the determination of beneficiaries and conditions for compensation, 86,90% of the households agreed with the land compensation price and 85,71% of the people agreed with the compensation price for property on land. From the above results, the study has offered some suggestions and solutions to improve the efficiency of compensation and resettlement in Nong Son district, Quang Nam province in the coming time.    

scholarly journals ANALISIS KONSINYASI TITIPAN UANG DI PENGADILAN NEGERI SEBAGAI BENTUK PENYELESAIAN GANTI KERUGIAN PEMBEBASAN LAHAN JALAN TOL SUMATERA DI PENGADILAN NEGERI KALIANDA

2021 ◽  
Vol 19 (2) ◽  
pp. 92-103
Author(s):  
Dilla Nandya Oksitania ◽  
Erlina B ◽  
Yulia Hesti
Keyword(s):  
Land Use ◽  
Land Ownership ◽  
Land Acquisition ◽  
District Court ◽  
Land Law ◽  
Or Management ◽  
Toll Road ◽  
Middle Way ◽  
The People ◽  
Legal Consequences

Abstract Land is the most important element for humans to be able to live, this is because  it is where natural and man-made resources grow and are also built. Indonesia regulates land ownership through this land law so that land use or management can be carried out carefully now and in the future. The land issue concerns the most basic rights of the people. The purpose of the study was to determine the consignment process in the District Court as a form of settlement of compensation for toll road land acquisition and its legal consequences. The results showed that the consignment process for compensation began with an application for consignment safekeeping, then an offer was made by the court bailiff accompanied by 2 (two) witnesses at the respondent's residence. The consignment waives the obligation as the debtor, because the consignment can be equated with making payments. All processes must be carried out in a manner that has been regulated by laws and regulations. Consignment is carried out so that government projects continue to run, through a deliberation mechanism that should be a means to find a middle way in determining the amount of compensation, often no agreement is reached. Keywords : Sumatra Toll Road, Consignment, Land Acquisition.

scholarly journals KONSEP HUKUM PENGADAAN TANAH UNTUK PEMBANGUNAN JALAN TOL DALAM PERSPEKTIF HAK MENGUASAI NEGARA

Yurispruden ◽  
2020 ◽  
Vol 3 (1) ◽  
pp. 93
Author(s):  
Diyan Isnaeni
Keyword(s):  
Road Construction ◽  
The State ◽  
Customary Law ◽  
Land Acquisition ◽  
Legal Concept ◽  
Toll Road ◽  
The People ◽  
Road Development ◽  
The Government ◽  
The Right

ABSTRACT Problems faced by the government in the implementation of development include the issue of providing land for development itself, including the acquisition of land for toll road construction. because state land which is directly controlled by the state is limited or can be said to be almost nothing anymore. To acquire land for toll road development by the government by freeing people's land, both controlled by customary law, and other rights attached to it. In implementing Law Number 2 of 2012 as a juridical basis, the government carrying out land acquisition for toll road construction often creates problems both juridical and empirical.The legal concept of land acquisition for toll road development in the perspective of the right to control the state, must be returned to the nature of the public interest and the nature of the state's right to control for the greatest prosperity of the people by continuing to create development based on humanitarian principles, meaning that it must continue to prioritize and pay attention to private rights which constitute constitutional rights of the people. Keywords: Land Procurement, toll road construction   ABSTRAK Permasalahan yang dihadapi oleh pemerintah dalam pelaksanaan pembangunan diantaranya adalah masalah penyediaan tanah untuk pembangunan itu sendiri, termasuk pengadaan tanah untuk pembangunan jalan tol.  karena tanah negara yang dikuasai langsung oleh negara terbatas atau dapat dikatakan hampir tidak ada lagi. Untuk memperoleh tanah untuk pembangunan jalan tol oleh pemerintah dengan membebaskan tanah milik rakyat, baik yang dikuasai oleh hukum adat, maupun hak-hak lainnya yang melekat diatasnya. Dalam implementasinya Undang-Undang Nomor 2 Tahun 2012 sebagai landasan yuridis pemerintah melaksanakan pengadaan tanah untuk pembangunan jalan tol  sering menimbulkan permasalahan baik secara yuridis maupun empiris.Konsep hukum pengadaan tanah untuk pembangunan jalan tol dalam perspektif hak menguasai negara, harus dikembalikan pada hakekat kepentingan umum dan hakekat hak menguasai negara yaitu untuk sebesar-besar kemakmuran rakyat dengan tetap menciptakan pembangunan yang berlandaskan asas kemanusiaan artinya harus tetap  memprioritaskan dan memperhatikan hak privat yang merupakan hak konstitusional rakyat. Kata Kunci: Pengadaan Tanah, pembangunan jalan tol

scholarly journals Deposit of Compensation in Land Acquisition for the Construction of the Padang-Pekanbaru Toll Road in Public Interest

2020 ◽  
Vol 7 (8) ◽  
pp. 285
Author(s):  
Debby Khristina ◽  
Kurnia Warman ◽  
Hengki Andora
Keyword(s):  
Supreme Court ◽  
Public Interest ◽  
Legal Protection ◽  
Secondary Data ◽  
Land Acquisition ◽  
District Court ◽  
Primary Data ◽  
Toll Road ◽  
The Supreme Court

Deposit of compensation at the Court which is carried out in land acquisition for the public interest is one of the solutions to accelerate the development process. The disagreement of the parties regarding compensation has made the agency managing the project use a consignment mechanism to solve this compensation problem. Therefore, this research is focused on 3 (three) main problems. First, what is the process of assessing and determining compensation for land acquisition for the construction of the Padang-Pekanbaru toll road on Jalan Padang-Sicincin? Second, what is the process of filing an objection to the determination of the form and / or amount of compensation at the Pariaman District Court? Third, how is the implementation of deposit for compensation in land acquisition for the construction of the Padang-Pekanbaru toll road on the Padang-Sicincin road? This type of research is empirical juridical legal research and to answer the above problems, this study uses primary data and secondary data. Primary data is obtained through field research, while secondary data is obtained from tracing laws and regulations and decisions of Constitutional Court judges. The data analysis was conducted in a descriptive qualitative manner. The results showed that the process of appraising and determining compensation for land acquisition was carried out starting from the process of appointing the appraisal team, the assessment of compensation by the appraisal team, deliberation, and the process of determining the compensation. The appointment of an appraisal team is determined by the Chief Executive of Land Acquisition using the direct procurement method. The appraiser makes an appraisal using the Fair Replacement Value and refers to the SPI 306 Technical Guidelines. The results of the appraisal are used as the basis for deliberations to determine compensation. The fact is that the deliberations are carried out as it should be, but the price set by the Appraiser (Appraisal) is as if only a final price that must be agreed upon by the entitled Party, even though the price recommended by the Appraisal is a price that is the price for negotiating with the community land owner. The process for filing an objection to the determination of the form and / or amount of compensation at the Pariaman District Court is in accordance with the Supreme Court Regulation No.3 of 2016 and is a form of legal protection for land rights owners. The implementation of land’s deposit compensation at the Pariaman District Court is carried out in accordance with the Supreme Court Regulation Number 3 of 2016 and in the Compensation of the Damages awaits a court process that has permanent legal force so that the money can be given to the party entitled to receive it

THE NEW TOLL ROAD FINANCING MODEL DETERMINATION

2016 ◽  
Vol 3 (2) ◽  
Author(s):  
Ayomi Rarasati ◽  
Lukas Sihombing ◽  
Andreas Wibowo ◽  
Yusuf Latief
Keyword(s):  
Financial Models ◽  
Land Acquisition ◽  
Tax Revenue ◽  
State Budget ◽  
Toll Road ◽  
Key Stakeholders ◽  
Depth Interview ◽  
Road Development ◽  
Road Projects ◽  
Financing Model

There are three main problems in Indonesia toll road financing model. First, it is the lack of state budget and delayed funding distribution for land acquisition. The second problem is the lack of financial ability of the winning company which leads to financial closing failure. The third problem is related to the land acquisition process that a special purpose company has to obtain for 100% before it can propose a loan from a bank. Therefore, it is essential to develop a new financial modeling to be implemented in Indonesian toll road development. Seven financial models were identified as having been implemented successfully and effectively. These models are earmarked tax revenue, deep discount bonds, take out financing, tax increment financing, land leases, deferred debt, and private donation. However, these models have never been utilized for toll road projects in Indonesia. Therefore, this research aims to explore those seven financial models and determine the most suitable one to be implemented in Indonesia. Literature review and in-depth interview with the key stakeholders were conducted to collect the data. The results subsequently show that there are four models that have never been implemented in Indonesia. However, the combination of deep discount bond and land leases is the most suitable financing model for Indonesian toll road industry.

scholarly journals Penentuan Jarak Antar Tiang Penerangan Jalan Umum Untuk Jalan Lurus Dan Jalan Melengkung Pada Jalan Tol Ruas Lingkar Luar Jakarta W2 Utara Seksi I

2020 ◽  
Vol 12 (2) ◽  
pp. 121-130
Author(s):  
Ersalia Dewi Nursita
Keyword(s):  
Outer Ring ◽  
Street Lighting ◽  
Ring Road ◽  
The Road ◽  
Toll Road ◽  
Calculation Results ◽  
Road Width ◽  
Curved Paths

The Jakarta Outer Ring Road North W2 Section I has a different road width and also an interchange that is curved like a circle. On this toll road the distance between the piles used in both type of road is the same, that is equal to 30 m. Determination of the distance between the poles of the street lighting for straight roads and curved paths in this thesis using the phytagoras method. Where the distance between the lampposts for a straight road with the width of the road ranges from 4.5 m to 14.5 m from the calculation results require the distance between piles of 21.09 to 29.85 (<30 m) this results in less lighting standard. And for the width of the road ranging from 15.5 m to 30.5 m from the calculation results require the distance between the piles of 31.01 m to 50.82 m (> 30 m) which results in waste in the installation of the number of poles. Whereas for curved roads with a road width of 7.5 m for the placement of light poles in the arches of the road requires a smaller distance between piles of 20.96 m (<30 m).

scholarly journals Watudakon Citizens 'Social Conflict on Joker Toll Road Development in 2017 in Kesamben District, Jombang Regency

2019 ◽  
pp. 945-950
Author(s):  
Ahmad Hasan Afandi ◽  
M. Chairul Basrun Umanailo
Keyword(s):  
Market Price ◽  
Secondary Data ◽  
Road Construction ◽  
Land Acquisition ◽  
Study Approach ◽  
Construction Disputes ◽  
Toll Road ◽  
Road Development ◽  
Land Disputes ◽  
The Government

Potential conflicts between citizens and the government always color the pace of toll road construction, in terms of land acquisition, land acquisition until the completion of the construction phase. The conflict began with the presence of Watudakon villagers protesting against the construction of toll roads that crossed their territory. This happened because the residents considered the land purchased by the implementing party, namely PT Marga Harja Infrastruktur (MHI), far below the general market price. In principle, the construction of the Jombang-Mojokerto toll road is intended for the benefit of the community, but it should be noted that the potential for conflict is still ongoing even though the inauguration of the toll road has been carried out by the Indonesian president Joko Widodo. This situation results in the turmoil of minority conflicts which can result in large conflicts which lead to anarchic actions due to the lack of understanding of the law in the community. The method in this study uses qualitative with a case study approach and the writing is descriptive, that is by examining existing objects and want to give an idea of the object of the research. The data sources used in this study are primary and secondary data. In order to produce a discussion of land disputes, toll road construction disputes, dispute disputes and dispute resolution through court channels to produce the amount of compensation payments to the communities affected by the release.

The Impact of Land Acquisition Delay in Toll Road Development

2010 ◽  
Author(s):  
Lukas B. Sihombing ◽  
Budi S. Soepandji ◽  
Ismeth S. Abidin ◽  
Yusuf Latief
Keyword(s):  
Land Acquisition ◽  
Toll Road ◽  
Road Development ◽  
Acquisition Delay ◽  
The Impact
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