Juridical Settlement of Land Procurement on Imposed Lands Outside the Determination of Location (Case Study of Malang-Pandaan Toll Road Development)

Abstract

The purpose of writing this article is to examine the juridical settlement of land acquisition on the affected land outside the location determination, why the affected land is outside the location determination at the land development for the construction of the Pandaan-Malang toll road road in Mаdyopuro Village, Subdistrict District, yet unsolved. The study method uses an empirical legal approach/socio-legal research. This research was carried out by means of an observation process at an institution related to the construction of the Malang-Pandaan Road Toll Road, especially in the Malang City area and an interview with respondents or sources related to the problem under study, namely the Government Instances as a whole related to land management for toll road development in Malang City as well as those who are affected to get primary data. In the framework of embodying the equitable and prosperous masses based on the Pannual and the 1945 Constitution, the Government needs to carry out development for the public interest. One of the national developments is the construction of toll roads. This development requires a text based on the principles contained in the 1945 Constitution and the law of inheritance, among other principles of justice, safety, security, security, safety, security and security. The concept of general interests has been accommodated in the provisions of Law Number 2 of 2012 by defining the general interests as the interests of Nation, the State, must be manifested by the Government and its wealth. The execution of the endeavor must require a role as well as persistence to give and remove the hand with no principled loss of consensus to seek consensus. However, it turns out that the development of the Malang-Pandan toll road has caused problems and has not found a solution / way out. due to the discovery of 2 plots of land affected by development that are outside the location determination. Remembering the letter from the Head of the Department of Defense of Malang City Number: 228 / 12-35.73 / I / 2020 dated 27 January 2020 regarding the Application of Legal Studies which was sent to the Head of State Government of the State of Malang City who in essence requested to be given a legal review of the found property requested by the community.

Keywords: the procuring of land, of obstacles, of impact

DOI: 10.7176/JLPG/104-10

Publication date: December 31^st 2020