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

Authors

  • Darwin Ginting Bandung College of Law, Bandung, Indonesia.

Keywords:

Land Compensation, Public Interest, land acquisition, development acquisition

Abstract

Despite ongoing efforts, land supply remains inadequate to meet human needs, posing challenges for public interest and infrastructure development procurement under current models. The prevailing normative legal methodology, rooted in statutory rules and historical perspectives, reveals that institutions release land rights as part of acquisition procedures rather than transferring rights directly. The traditional model of land acquisition through purchasing, selling, or swapping is impractical due to state-controlled land and compensation requirements. Legislation should regulate compensation for land acquisition, incorporating both monetary payments and ownership of shares, aligning with principles of Pancasila. Offering landowners shares in a new company upon property sale would enhance prosperity, balance, and fairness, adaptable through negotiation. This ideal model can guide future land bank operations, prioritizing government requirements for public interest and infrastructure development acquisition.

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Published

2024-02-01