The Basic of Deposit Money Compensation in the Land Acquisition For Public Interest

Abstract

Land procurement for the public interest is pursued through land acquisition. Land acquisition for public interest is regulated in Law No. 2 of 2012 and the implementing regulations. The part that needs land is an agency. Land procurement is taken through the release of rights by the rightful part with proper and fair compensation. Determination of the form and/ or amount of compensation for the object of land acquisition is preceded by deliberation between the Land Procurement Executor and the rightful part. If the deliberation reaches an agreement, an official report is made between the Land Procurement Executor and the rightful part. If the deliberation doesn’t reach an agreement, then the compensation is deposited by the agency that needs land in the local District Court. The basic of the implementation deposit of compensation in the District Court in the land acquisition for public interest is not based on an agreement in the deliberation which is denied by the rightful part, but it’s based on the determination of compensation that is issued by the Chief of Land Procurement Executor. In contrast to the basic of the provision of deposit (consignment) in Article 1404 (Burgerlijk Wetboek) which requires deposit, there must be a legal relationship first.

Keywords: Land acquisition, deposit, compensation, consignment.

DOI: 10.7176/JLPG/83-16

Publication date: March 31^st 2019