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Advances in Social Science, Education and Humanities Research, volume 499 2nd International Conference on Law, Governance and Social Justice (ICOLGAS 2020) Legal Protection Factors for Owner of Land Right in The Land Procurement That Still Not Giving Justice (Legal Case Study on Semarang-Solo Freeway Construction in Boyolali Regency) Nanik Sutarni Boyolali University, Boyolali - Indonesia Email : [email protected] Abstract--The research is conducted on an unsupported title. Without land, development would be strictly a by the fulfillment of rights for land rights holders on the plan. Such things make the land a source of conflict. construction of the Semarang-Solo freeway in Boyolali. The purpose of this study is to identify the factors that One the other side, government needs land owned lead the protection of landrights holders in the securing by the people for development purposes, on the of land for development of unjustifiable public interest. other the local people need land for housing and The study is a sociolegal research, assessing the application of positive laws or norms in society and livelihoods. So the issue of liberation and abolition seeing the results of such laws. The approach used was of land rights is a matter of considerable complexity a conceptual approach and legislation approach. The in the development of legal science today. research resources include primary and secondary data. Legal collection techniques include interviews and The making of land was done in a deliberate way literature studies. As a result of this study, the protection between those who needed land and the possessor of of land rights holders in the process of procuring land land that was necessary for building interests. [1] for the common good was weak and had not yet been brought to justice. The factor in the general factor was Theoretically, land supply activity for the common that the valuation of land prices based on NJOP count good is based on principle and is divided into two (the tax object's selling value) was relatively low and sub-systems that are:[2] inadequate at market prices, resulting in a further equilibrium between land-rights communities was not a. government procuring land because of fully guaranteed. The still existence of a consignment public interest; mechanism in terms of providing compensation also b. the procuring of land by governments further obscures the legal protectionof land rights holders. because it is not common (commercial) interests. The fundamental nature of the Keyword- justice; land acquisition; land rights holders; procuring of land was the government's protecting the law; the common interest. action to obtain land for the common good followed by a deliberative way to reach an I. INTRODUCTION agreement on the release of rights and compensation before the taking of rights Soil problems are an interesting matter to was completed. It was in these consider because the soil touches various aspects of deliberations that laid the basis for refund. life. A problem faced by both developed and developing countries is the growing shortage of Thus, land development for the public interest vacant lots used as a building tool. The in its administration needs to be carried out in a good implementation of national development in way and taking into account the role of land in particular will require large tracts of land. On the human life and the principle of respecting land rights, other, these lands are generally reserved for a land because according to Article 6 number 5 of 1960 Copyright © 2020 The Authors. Published by Atlantis Press SARL. This is an open access article distributed under the CC BY-NC 4.0 license -http://creativecommons.org/licenses/by-nc/4.0/. 748 Advances in Social Science, Education and Humanities Research, volume 499 concerning agrarian principles land a side from acquisition process.[5] The problem of economic value, also has social function.[3] compensation also accurs in the construction of the A land position of social function would have Semarang-Solo freeway in Boyolali Regency. The a consequence that any land rights belonging to a community can not accept the land price that has person could not be justified in its use or merely for been set by the goverment through appraisal beacuse personal gain. Land use must be tailored to the it is considered too low and can not guarantee the circumstances and properties ra ther than to the welfare of the community for the next life. The rights to benefit both the well-being of people and valuation based on the NJOP count (the tax object’s the country. Under certain circumstances, however, selling value) of land is relatively low and does not personal interests will not automatically be driven match the market price. by the common ones. Individual interests are also Deliberations were made in which communities noted by the central agrarian legislation. The and governments had not yet found common ground common and individual interests must compensate pricing points. Deliberation would be an effective for one another to achieve the basic objectives of way of rendering justice to the community when prosperity, justice and happiness for all people (see pricing could be agreed upon in such deliberation by act II as 1960). involving both sides in the pricing process. But the The macro-government authority relating to fact in the field indicates a sense of justice is still far land ruled in chapter 33 verses (3) of the 1945 from the reach of the public. Inadequate and fair Constitution of the Republic of Indonesia which reminage and the presence of consigned states that all natural assets are controlled by the mechanisms illustrates that legal protection for land state and used for the welfare of the people. The rights communities is still often ignored. chapter is then enlarged on the central agrarian law, chapter 18, which states: "for the public interest, II. PROBLEMS includes the nation and state interests of a common interest of the peoples, land rights can be revoked by Look at the issues as they have described in the providing appropriate compensation and in a introductory chapter, the problem with this research manner regulated by Law number 20 of 1961 about is: Revocation of rights to Land”. 1. How does the legal protection of land rights The definition of public interest is explained in holders in land acquisition for development Article 1 number 6 of 2012 law number 2, that for public interest? “public interest is the interest of the nation, state and society that must be realized by the government and 2. What are the factors that cause the used as much as possible for the prosperity of the protection of land rights in the construction people”. of the Semarang-Solo freeway in Boyolali Based on the article above, when an individual in not justified? lose their rights to land in the framework of III. RESEARCH METHODS development for the public interest, then the holders of land rights should receive appropriate Research conducted is a study of socio legal compensation. Thus, when the community who (socio legal research).[6] Wheeler and Thomas in loses their rights does not get compensation, it is not Sulistyowati Irianto explain, a legal socio study is an a form of land acquisition but the confiscation of alternative approach that tests doctrinal studies of land rights by parties in need.[4] the law. Socio legal research done by reviewing. Providing compensation by the goverment to Implement the application of the rules or norms in the community holding land rights affected by land positive laws in society and see the results of the acquisition in the framework of development for the laws that are brought forth. Research refers to public interest is an absolute rights whose rights are implementation of existing law codes, applicable owned by the community holding the land rights. legislation in society, and policies based on This policy regarding compensation is a major government action policies. Such prevailing law problem in land acquisition. It is not uncommon for norms are those of positive laws established by good the issue of compensation to often hinder the land 749 Advances in Social Science, Education and Humanities Research, volume 499 authorities as legislation, the presidential rule to the Organization in national head of property.[7] Boyolali Regency The study adopted the conceptual approach and the legislation approach. A conceptual approach is 5. Drs. Tri Affected aimed at getting to know thoughts, statements and Martono Communities insights that are interrelated in explaining land 6. Hasal Affected supply concepts, public interests and judicial justice Communities by studying the views of law scholars. Approach to building concepts that make up a model in research 7. Sri Mintarsih Affected by relying on the doctrines and views that developed Communities in law science.[8] The invitational law approach is used to find ratios and ontological grounds the birth Source: Author, 2019 of legislation on research issues. As a result of the law's flow and ontological basis, it is possible to find IV. DISCUSSION philosifis' cause of birth. Understanding the philosofis content behind the law, it can be 1. Legal Protection of Land Rights Holders in determined that there is a discrepancy between the Land Acquisition for Development in Public law and the issue faced and used as a basis for Interest building legal argumentation to answer the legal The land basis for land acquisition is regulated issues.[8] in Law number 2 of 2012 about Land Acquisition The source of data used in the study is primary for Development for Public Interest. Land and secondary data. Primary data was obtained by acquisition in Law Number 2 of 2012 is defined as direct interview with the informants related to land the act of providing land by providing appropriate acquisition for the Semarang- Solo freeway in and fair compensation to the Entitled Parties.

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