Deposit of Compensation in Land Acquisition for the Construction of the Padang-Pekanbaru Toll Road in Public Interest

Abstract

Deposit of compensation at the Court which is carried out in land acquisition for the public interest is one of the solutions to accelerate the development process. The disagreement of the parties regarding compensation has made the agency managing the project use a consignment mechanism to solve this compensation problem. Therefore, this research is focused on 3 (three) main problems. First, what is the process of assessing and determining compensation for land acquisition for the construction of the Padang-Pekanbaru toll road on Jalan Padang-Sicincin? Second, what is the process of filing an objection to the determination of the form and / or amount of compensation at the Pariaman District Court? Third, how is the implementation of deposit for compensation in land acquisition for the construction of the Padang-Pekanbaru toll road on the Padang-Sicincin road? This type of research is empirical juridical legal research and to answer the above problems, this study uses primary data and secondary data. Primary data is obtained through field research, while secondary data is obtained from tracing laws and regulations and decisions of Constitutional Court judges. The data analysis was conducted in a descriptive qualitative manner. The results showed that the process of appraising and determining compensation for land acquisition was carried out starting from the process of appointing the appraisal team, the assessment of compensation by the appraisal team, deliberation, and the process of determining the compensation. The appointment of an appraisal team is determined by the Chief Executive of Land Acquisition using the direct procurement method. The appraiser makes an appraisal using the Fair Replacement Value and refers to the SPI 306 Technical Guidelines. The results of the appraisal are used as the basis for deliberations to determine compensation. The fact is that the deliberations are carried out as it should be, but the price set by the Appraiser (Appraisal) is as if only a final price that must be agreed upon by the entitled Party, even though the price recommended by the Appraisal is a price that is the price for negotiating with the community land owner. The process for filing an objection to the determination of the form and / or amount of compensation at the Pariaman District Court is in accordance with the Supreme Court Regulation No.3 of 2016 and is a form of legal protection for land rights owners. The implementation of land’s deposit compensation at the Pariaman District Court is carried out in accordance with the Supreme Court Regulation Number 3 of 2016 and in the Compensation of the Damages awaits a court process that has permanent legal force so that the money can be given to the party entitled to receive it