The Right Concept of Countries in the Implementation of Land Procurement for Toll Road Development

Abstract

Since the start of rapid economic development in the new order era until now, the need for land has also increased. Land becomes an object of high economic value and is needed to support the smooth development of the country. One of the issues of concern in the land sector is the issue of land acquisition for toll road construction. The problems faced by the government in the implementation of land acquisition for toll road construction include the problem of providing land for the construction of the toll road itself, because state land which is directly controlled by the state is limited or can be said to be almost nothing anymore. The problem needs to be analyzed is how the concept of the right to control the state in the acquisition of land for toll road construction. The right of the state to control essentially authorizes the state to: regulate and administer the designation, use, supply and maintenance of earth, water, space and natural resources which contained therein is regulated in article 2 of Basic Regulations on Agrarian Principles Number 5 of 1960 and one of the manifestations of such authority is the establishment of Act No. 2 of 2012 concerning Land Procurement for development in the public interest. Philosophically, the concept of state control rights regulated in article 33 of the 1945 Constitution of the Republic of Indonesia is in line with the purpose of land acquisition for toll road construction, which is used for the greatest prosperity of the people. provide equitable access to the people, including customary law communities (MHA) in the implementation of land acquisition, especially in the provision of compensation for land taken for toll road construction.

Keywords: State's right to control, land acquisition

DOI: 10.7176/JLPG/89-02

Publication date:September 30^th 2019