The Settlement of Land Consolidation Dispute in Padang Bypass Road Construction through Court (A Study on Case No. 146/PDT.G/2015/PN PDG)

Abstract

The implementation of consolidation in constructing Padang by pass road was basically a rearrangement of land by rearranging irregular plots into regular and orderly shaped based on the spatial planning for public interest in order to enhance the quality of environment and nature resources maintenance by involving people’s active participation. The dispute occurred during the Padang bypass road construction was caused by the lack of land number in land returning of consolidation participants, the tardiness of road construction process, and the incompleteness of previous leadership’s work. As a result, the construction gives a long-lasting impact causing the community’s rights could not be fulfilled. Regarding this issue, the government should take precedence on consolidation participants’ rights as agreed upon the deliberation conducted before the consolidation. Then, to settle the dispute in implementing land consolidation in constructing Padang by pass road, the government gave an option for the members whether the land replacement was in a form of land replacement located in the similar area or in another different area. In this case, the decision was determined by the consolidation participants. If an accord could not be reached, the government was going to help overcome the case until it finishes.