Intan Nevia Cahyana
Program Studi Ilmu Hukum, Fakultas Hukum, Universitas Trisakti, Jakarta, Indonesia

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GANTI KERUGIAN OBJEK PENGADAAN TANAH WARGA SUMBERJAYA UNTUK PEMBANGUNAN TOL CIBITUNG CILINCING Putri Viryal Dewi; Intan Nevia Cahyana
Reformasi Hukum Trisakti Vol. 4 No. 2 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (531.767 KB) | DOI: 10.25105/refor.v4i4.14103

Abstract

In the land acquisition process, compensation is an appropriate and reasonable recompense to the rightful party. However, it was discovered during the implementation phase that various residents had disputed land ownership, making it unclear which party was entitled to pay. The issue at hand concerns whether the payment of compensation for land acquisition objects for Sumberjaya residents in the Bekasi district complies with Law No. 2 of 2012, as well as what barriers exist to compensation and how the land acquisition committee is attempting to resolve them. The research is normative legal research, and because it is descriptive analytical in character, primary and secondary data were used. The study used deductive reasoning to conduct its qualitative investigation. According to research, Law No. 2 of 2012 requires compensation for land acquisition items, but there were issues with its implementation. The supply of compensation for land acquisition objects, namely land conflicts, is stated to be in compliance with Law No. 2 of 2012, and despite the challenges faced, settlement efforts are being undertaken by the land acquisition committee.
GANTI KERUGIAN TANAH MILIK IVANNA SULISTIO THIO SESUAI TAHAP PELAKSANAAN PENGADAAN TANAH Muhammad Arsy Revaldy; Intan Nevia cahyana
Reformasi Hukum Trisakti Vol. 5 No. 2 (2023): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i2.16270

Abstract

Ivanna Sulistio Thio has filed a protest regarding the incompatibility of compensation for the administration of land acquisition in the province of East Kalimantan. The area of land that has been given compensation is only 842 m2, whereas the area of land used for land acquisition is 5428 m2. The problem posed in this study is whether Ivanna Sulistio Thio should receive compensation for her land tenure in accordance with the Land Acquisition Implementation Stage based on Law Number 2 of 2012 and whether the Samarinda District Court's decision, Number 28/Pdt.G/2018/PN Smr, is in accordance with that law regarding land acquisition for development in the public Interest. The research method uses descriptive research that is normative, research data collection uses library research, data is analyzed using qualitative methods, drawing conclusions using deductive logic. The results of the research and discussion are that the value of compensation given by the executor of land acquisition is not in accordance with the principle of justice. The conclusion of the research is that the compensation given by the executor is not in accordance with the principles of land acquisition.
GANTI KERUGIAN OBJEK PENGADAAN TANAH WARGA SUMBERJAYA UNTUK PEMBANGUNAN TOL CIBITUNG CILINCING Putri Viryal Dewi; Intan Nevia Cahyana
Reformasi Hukum Trisakti Vol 4 No 2 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v4i4.14103

Abstract

In the land acquisition process, compensation is an appropriate and reasonable recompense to the rightful party. However, it was discovered during the implementation phase that various residents had disputed land ownership, making it unclear which party was entitled to pay. The issue at hand concerns whether the payment of compensation for land acquisition objects for Sumberjaya residents in the Bekasi district complies with Law No. 2 of 2012, as well as what barriers exist to compensation and how the land acquisition committee is attempting to resolve them. The research is normative legal research, and because it is descriptive analytical in character, primary and secondary data were used. The study used deductive reasoning to conduct its qualitative investigation. According to research, Law No. 2 of 2012 requires compensation for land acquisition items, but there were issues with its implementation. The supply of compensation for land acquisition objects, namely land conflicts, is stated to be in compliance with Law No. 2 of 2012, and despite the challenges faced, settlement efforts are being undertaken by the land acquisition committee.
GANTI KERUGIAN TANAH MILIK IVANNA SULISTIO THIO SESUAI TAHAP PELAKSANAAN PENGADAAN TANAH Muhammad Arsy Revaldy; Intan Nevia cahyana
Reformasi Hukum Trisakti Vol 5 No 2 (2023): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i2.16270

Abstract

Ivanna Sulistio Thio has filed a protest regarding the incompatibility of compensation for the administration of land acquisition in the province of East Kalimantan. The area of land that has been given compensation is only 842 m2, whereas the area of land used for land acquisition is 5428 m2. The problem posed in this study is whether Ivanna Sulistio Thio should receive compensation for her land tenure in accordance with the Land Acquisition Implementation Stage based on Law Number 2 of 2012 and whether the Samarinda District Court's decision, Number 28/Pdt.G/2018/PN Smr, is in accordance with that law regarding land acquisition for development in the public Interest. The research method uses descriptive research that is normative, research data collection uses library research, data is analyzed using qualitative methods, drawing conclusions using deductive logic. The results of the research and discussion are that the value of compensation given by the executor of land acquisition is not in accordance with the principle of justice. The conclusion of the research is that the compensation given by the executor is not in accordance with the principles of land acquisition.
Bah Salsabila Ghina Luthfiyah; Intan Nevia Cahyana
Reformasi Hukum Trisakti Vol 5 No 4 (2023): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i4.18592

Abstract

Infrastructure development in Indonesia, such as the construction of Ring Road II by the Manado City Government, aims to enhance welfare. However, the land acquisition process for this project does not align with the procedures outlined in Law Number 2 of 2012 regarding Land Procurement for Public Interest Construction. The research investigates the land acquisition process and assesses whether Decision Number 661/Pdt.G/2021PN Mnd complies with the law. Using descriptive normative research with secondary data, the study reveals that the Manado City Government's land acquisition process lacks conformity with the legal preparatory stages specified in Articles 18 and 19 of Law Number 2 of 2012. Consequently, the considerations and decision in Judge's Decision Number 661/Pdt.G/2021PN Mnd align with the law.