The Ideal Model of Land Procurement and Compensation for Infrastructure Development (Public Interest) Based on Pancasila

Author:

Ginting DarwinORCID,Naiborhu Netty SRORCID,Vico NandaORCID

Abstract

Objective: This study aims to examine and encourage the transition  of the ideal model of procurement and compensation for losses that have been generalized in the form of money in the context of land acquisition for public interest or infrastructure development. This study examines the role of law in the form of regulations regulating the provision of compensation in land acquisition for infrastructure development not only limited to the form of money but justified in the form of share ownership. To ensure welfare, balance and justice that reflect the values of Pancasila, for landowners, the ideal compensation model is given in the form of share ownership to residents who release their land. While the number of shares granted can be deliberated by the parties.    Method: The method used is normative juridical with a conceptual approach and a statutory approach.   Results and Conclusions: From the results of the study shows that the land acquisition mechanism is carried out through land rights release institutions to meet the criteria of subjects in acquiring land acquired not through transfer of rights but based on land controlled by the state so that the consequence is to provide compensation, Thus, an ideal land acquisition model through buying and selling or exchange is not possible. The ideal model can be adopted by land banks in carrying out their activities in the future, so that land acquisition for public interest or infrastructure development can run according to government needs.   Originality / Value: This research contributes to the ideal model and sustainability of land acquisition for public interest by proposing the concept of compensation using shares in response to changes in the dynamics of national land management and sustainable economic development of communities in accordance with the values of Pancasila. This research underscores the importance of political commitment in encouraging investment models and community compensation, so that the paradigm of society develops. The value of this study lies in offering new perspectives and potential solutions to the mechanism of land acquisition in the public interest.

Publisher

South Florida Publishing LLC

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