IMPLEMENTATION OF LAW IN LAND ACQUISITION FOR ROAD CONSTRUCTION WITH COMPENSATION

Abstract

Land acquisition for road construction in Indonesia often triggers conflict due to suboptimal legal implementation, particularly in the provision of fair compensation as stipulated in Law No. 2 of 2012 concerning Land Acquisition for Development in the Public Interest. The background to this problem includes delays in compensation payments, a lack of transparency in assessments by the Public Service Agency (KJPP), and community resistance due to minimal outreach, as seen in Trans-Sumatra toll road projects such as Cisumdawu and Medan-Binjai. This phenomenon creates an imbalance between the public interest in infrastructure development and the rights of landholders, with BPN data indicating that 30-40% of cases end in dispute.

This study aims to analyze the implementation of land acquisition law in road construction, identify challenges related to compensation, and formulate policy recommendations for process effectiveness. The research method used an empirical juridical approach with a case study in North Sumatra, combining analysis of legal norms (Law No. 2/2012, Presidential Regulation No. 71/2012) and field data from interviews with 20 informants (landowners, LMAN officials, and the National Land Agency), observations of toll road projects, and court ruling documents. The analysis was conducted using qualitative and quantitative triangulation to measure satisfaction with compensation.

The main results indicate that legal implementation is only 65% ​​effective, with major obstacles being delays in LMAN fund disbursement (averaging 4-6 months), compensation assessments below market prices (40% disputed), and weak inter-agency coordination. Compensation tends to be solely financial, with little consideration of socio-immaterial aspects, leading to project delays of up to 18 months. Recommendations include process digitization, committee training, and a profit-and-loss compensation model.