The Importance of Land Procurement Law

Oct 13, 2025 by windailys.com 35 views

Juridical Study: The Application of Land Procurement Law Before and After the Issuance of PP No. 19 of 2021

Introduction

Land procurement for the benefit of public development is a complex activity that involves the process of land tenure by providing appropriate and fair compensation to those who have land rights, including buildings, plants, and other objects on it. The application of humanitarian principles, benefits, certainty, openness, agreement, participation, welfare, sustainability, and harmony is very important to reduce conflict in land acquisition. Compensation given to land rights holders must be appropriate, fair, and not force them to release their land for the sake of development. In this study, we will discuss the position, regulation, and legal protection for landowners who feel disadvantaged in the land acquisition process.

The Importance of Land Procurement Law

Land procurement law plays a crucial role in ensuring that land acquisition is carried out in a fair and transparent manner. The law provides a framework for the procurement process, including the assessment of land value, the form of compensation, and the participation of the community. The application of land procurement law is essential to reduce conflict and ensure that landowners are treated fairly. However, the existing regulations before the issuance of PP No. 19 of 2021 did not always provide legal certainty for all parties involved, especially landowners.

Legal Analysis Before and After PP No. 19 of 2021

Before the issuance of Government Regulation No. 19 of 2021, land acquisition is regulated by several regulations that do not always provide legal certainty for all parties involved, especially landowners. The land acquisition process is often filled with uncertainty and conflict, where landowners feel they do not get fair compensation or even feel forced to release their land. This raises various legal and social problems, which can harm all parties. However, after the application of PP No. 19 of 2021, there were several improvements in the land acquisition mechanism. This regulation confirms the importance of transparency and community participation in the land acquisition process. In addition, this PP also emphasizes the need for a fair assessment of the value of the land and the form of compensation given.

Decision Number 83/Pdt.G/2019/PN SIM: A Landmark Decision

Decisions in case number 83/Pdt.G/2019/PN SIM show the importance of considering various aspects of compensation payments, namely proportionality, feasibility, and careful calculation. In this case, the court emphasizes the need for a fair assessment of the value of land controlled and appropriate compensation for landowners. This decision reflects efforts to protect the rights of landowners and ensure that they do not feel disadvantaged by the procurement process. The decision highlights the need for a more nuanced approach to land acquisition, one that takes into account the specific needs and circumstances of each case.

The Impact of PP No. 19 of 2021 on Land Procurement

The issuance of PP No. 19 of 2021 has had a significant impact on land procurement in Indonesia. The regulation has provided a clearer framework for the procurement process, including the assessment of land value and the form of compensation. The regulation has also emphasized the need for transparency and community participation in the land acquisition process. This has helped to reduce conflict and ensure that landowners are treated fairly. However, there are still challenges that need to be faced to ensure that all parties can feel the benefits of this process.

Conclusion

In this study, it can be concluded that land acquisition for the public interest must be carried out by respecting the rights of landowners and by taking into account the principles of justice and transparency. Application of PP No. 19 of 2021 gave new hope in the procurement of land in Indonesia, but there are still challenges that need to be faced to ensure that all parties can feel the benefits of this process. Decision Number 83/Pdt.G/2019/PN SIM is one important example in providing legal protection to landowners who feel disadvantaged, so that it becomes a reference for the court in resolving disputes related to land acquisition in the future.

Recommendations

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

The government should continue to improve the land procurement law to ensure that it provides legal certainty for all parties involved, especially landowners.
The government should ensure that the land acquisition process is carried out in a transparent and participatory manner, involving the community and ensuring that their rights are respected.
The government should provide training and capacity-building programs for officials involved in the land acquisition process to ensure that they have the necessary skills and knowledge to carry out the process fairly and transparently.
The government should establish a mechanism for resolving disputes related to land acquisition, including a clear and transparent process for appealing decisions.

Limitations of the Study

This study has several limitations, including:

The study is based on a limited number of cases, which may not be representative of the broader context of land acquisition in Indonesia.
The study focuses on the legal aspects of land acquisition, and does not take into account the social and economic aspects of the process.
The study does not provide a comprehensive analysis of the impact of PP No. 19 of 2021 on land procurement in Indonesia.

Future Research Directions

Future research should focus on the following areas:

A more comprehensive analysis of the impact of PP No. 19 of 2021 on land procurement in Indonesia.
An examination of the social and economic aspects of land acquisition, including the impact on local communities and the economy.
A study of the effectiveness of the mechanism for resolving disputes related to land acquisition.

Conclusion

In conclusion, this study has highlighted the importance of land procurement law in ensuring that land acquisition is carried out in a fair and transparent manner. The application of PP No. 19 of 2021 has provided a clearer framework for the procurement process, including the assessment of land value and the form of compensation. However, there are still challenges that need to be faced to ensure that all parties can feel the benefits of this process. Decision Number 83/Pdt.G/2019/PN SIM is one important example in providing legal protection to landowners who feel disadvantaged, so that it becomes a reference for the court in resolving disputes related to land acquisition in the future.
Frequently Asked Questions (FAQs) on Juridical Study: The Application of Land Procurement Law Before and After the Issuance of PP No. 19 of 2021

Q: What is the purpose of land procurement law?

A: The purpose of land procurement law is to ensure that land acquisition is carried out in a fair and transparent manner, providing legal certainty for all parties involved, especially landowners.

Q: What were the main problems with the existing regulations before the issuance of PP No. 19 of 2021?

A: The existing regulations before the issuance of PP No. 19 of 2021 did not always provide legal certainty for all parties involved, especially landowners. The land acquisition process was often filled with uncertainty and conflict, where landowners felt they did not get fair compensation or even felt forced to release their land.

Q: What are the key improvements in the land acquisition mechanism after the application of PP No. 19 of 2021?

A: The key improvements in the land acquisition mechanism after the application of PP No. 19 of 2021 include the confirmation of the importance of transparency and community participation in the land acquisition process, the need for a fair assessment of the value of the land, and the form of compensation given.

Q: What is the significance of Decision Number 83/Pdt.G/2019/PN SIM?

A: Decision Number 83/Pdt.G/2019/PN SIM is a landmark decision that shows the importance of considering various aspects of compensation payments, namely proportionality, feasibility, and careful calculation. The decision emphasizes the need for a fair assessment of the value of land controlled and appropriate compensation for landowners.

Q: What are the challenges that need to be faced to ensure that all parties can feel the benefits of the land procurement process?

A: The challenges that need to be faced to ensure that all parties can feel the benefits of the land procurement process include ensuring that the land acquisition process is carried out in a transparent and participatory manner, involving the community and ensuring that their rights are respected.

Q: What are the recommendations for improving the land procurement law?

A: The recommendations for improving the land procurement law include continuing to improve the law to ensure that it provides legal certainty for all parties involved, especially landowners, ensuring that the land acquisition process is carried out in a transparent and participatory manner, and establishing a mechanism for resolving disputes related to land acquisition.

Q: What are the limitations of this study?

A: The limitations of this study include the fact that it is based on a limited number of cases, which may not be representative of the broader context of land acquisition in Indonesia, and the study focuses on the legal aspects of land acquisition, and does not take into account the social and economic aspects of the process.

Q: What are the future research directions?

A: The future research directions include a more comprehensive analysis of the impact of PP No. 19 of 2021 on land procurement in Indonesia, an examination of the social and economic aspects of land acquisition, including the impact on local communities and the economy, and a study of the effectiveness of the mechanism for resolving disputes related to land acquisition.

Q: What is the conclusion of this study?

A: The conclusion of this study is that land acquisition for the public interest must be carried out by respecting the rights of landowners and by taking into account the principles of justice and transparency. The application of PP No. 19 of 2021 has provided a clearer framework for the procurement process, including the assessment of land value and the form of compensation. However, there are still challenges that need to be faced to ensure that all parties can feel the benefits of this process.