The Importance of Fair Compensation in Land Acquisition

Oct 13, 2025 by talynt.org 140 views

Juridical Analysis of Compensation for Land Losses for Public Interests that do not heed the value of fair replacement (Study of Decision Number 1S/Pdt.G/2020/PN Dum)

Introduction

In the pursuit of development needs related to the public interest, the takeover of individual land is often necessary. However, this process does not always run smoothly, especially if the compensation given is not in accordance with the value of reasonable replacement. This article aims to provide a juridical analysis of compensation for land losses for public interests that do not heed the value of fair replacement, using the case of Decision Number 1S/Pdt.G/2020/PN Dum as a reference.

The Importance of Fair Compensation in Land Acquisition

Compensation for land taken for the public interest must be fair and feasible, as stipulated in Law No. 2 of 2012 concerning Land Procurement for Development for the Public Interest. The law provides that compensation can be given in the form of money, land replacement, removal of residents, or other forms agreed by both parties. However, there is often a debate about whether the compensation provided has met the "reasonable" criteria.

The Role of the Court in Determining Fair Compensation

In the case of Decision Number 1S/Pdt.G/2020/PN Dum, the court decided to determine the compensation value of IDR 1,129,872,191 (one billion one hundred twenty-nine million eight hundred seventy-two thousand one hundred ninety-one rupiah) for each plot of land involved. The court also decided that the defendant gave compensation according to this amount to the Plaintiff. This decision shows that the court seeks to uphold the principle of justice in compensation.

The Challenges of Determining Fair Compensation

Determining fair compensation is a complex issue that involves many interests. The value of land is often determined by various factors, including the conditions of land, buildings, and other objects that are bound by the land. It is essential to note that the value set by the independent appraiser is the basis for debate to determine the amount of compensation.

The Need for Transparency and Accuracy in Determining Compensation

The attitude of this court is a lesson for those involved in land acquisition, to be more careful in determining the value of compensation. Determination of value must be transparent and accurate data-based in order to meet the principles of justice for all parties involved.

The Importance of Law Enforcement in Determining Fair Compensation

Compensation of land losses for the public interest is a complex issue and often involves many interests. This study revealed that although regulations already exist to provide legal protection, implementation in the field is often inadequate. Case of decision number 1S/Pdt.G/2020/PN Dum shows the importance of law enforcement in determining fair and appropriate compensation, as well as highlighting the need for further evaluation of the practice of land acquisition in Indonesia.

Conclusion

In conclusion, compensation for land losses for public interests that do not heed the value of fair replacement is a complex issue that requires careful consideration. This study aims to provide a juridical analysis of compensation for land losses for public interests that do not heed the value of fair replacement, using the case of Decision Number 1S/Pdt.G/2020/PN Dum as a reference. The study reveals that although regulations already exist to provide legal protection, implementation in the field is often inadequate. Therefore, it is essential to enforce the law and ensure that compensation is determined fairly and accurately.

Recommendations

Based on the findings of this study, the following recommendations are made:

The government should ensure that compensation is determined fairly and accurately, taking into account the value of land, buildings, and other objects that are bound by the land.
The court should play a more active role in determining fair compensation, ensuring that the principles of justice are upheld.
The practice of land acquisition in Indonesia should be further evaluated to ensure that it is in line with the principles of justice and fairness.

Limitations of the Study

This study has several limitations, including:

The study only focuses on one case, Decision Number 1S/Pdt.G/2020/PN Dum, and may not be representative of all cases of land acquisition in Indonesia.
The study only considers the juridical aspects of compensation and may not take into account other factors, such as economic and social impacts.

Future Research Directions

Future research should aim to:

Evaluate the practice of land acquisition in Indonesia, taking into account the principles of justice and fairness.
Examine the impact of land acquisition on landowners and communities, including economic and social impacts.
Develop a more comprehensive framework for determining fair compensation, taking into account the value of land, buildings, and other objects that are bound by the land.

Conclusion

Q: What is the main purpose of this study?

A: The main purpose of this study is to provide a juridical analysis of compensation for land losses for public interests that do not heed the value of fair replacement, using the case of Decision Number 1S/Pdt.G/2020/PN Dum as a reference.

Q: What are the key findings of this study?

A: The key findings of this study are:

Compensation for land taken for the public interest must be fair and feasible, as stipulated in Law No. 2 of 2012 concerning Land Procurement for Development for the Public Interest.
The value of land is often determined by various factors, including the conditions of land, buildings, and other objects that are bound by the land.
The court should play a more active role in determining fair compensation, ensuring that the principles of justice are upheld.
The practice of land acquisition in Indonesia should be further evaluated to ensure that it is in line with the principles of justice and fairness.

Q: What are the limitations of this study?

A: The limitations of this study are:

The study only focuses on one case, Decision Number 1S/Pdt.G/2020/PN Dum, and may not be representative of all cases of land acquisition in Indonesia.
The study only considers the juridical aspects of compensation and may not take into account other factors, such as economic and social impacts.

Q: What are the recommendations of this study?

A: The recommendations of this study are:

The government should ensure that compensation is determined fairly and accurately, taking into account the value of land, buildings, and other objects that are bound by the land.
The court should play a more active role in determining fair compensation, ensuring that the principles of justice are upheld.
The practice of land acquisition in Indonesia should be further evaluated to ensure that it is in line with the principles of justice and fairness.

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

A: The future research directions of this study are:

Evaluate the practice of land acquisition in Indonesia, taking into account the principles of justice and fairness.
Examine the impact of land acquisition on landowners and communities, including economic and social impacts.
Develop a more comprehensive framework for determining fair compensation, taking into account the value of land, buildings, and other objects that are bound by the land.

Q: What are the implications of this study for policymakers and practitioners?

A: The implications of this study for policymakers and practitioners are:

Policymakers should ensure that compensation is determined fairly and accurately, taking into account the value of land, buildings, and other objects that are bound by the land.
Practitioners should play a more active role in determining fair compensation, ensuring that the principles of justice are upheld.
The practice of land acquisition in Indonesia should be further evaluated to ensure that it is in line with the principles of justice and fairness.

Q: What are the potential applications of this study?

A: The potential applications of this study are:

The study can be used as a reference for policymakers and practitioners in determining fair compensation for land losses for public interests.
The study can be used to evaluate the practice of land acquisition in Indonesia and identify areas for improvement.
The study can be used to develop a more comprehensive framework for determining fair compensation, taking into account the value of land, buildings, and other objects that are bound by the land.