Kepastian Hukum Pemegang Hak Milik Tanah Dalam Pemberian Ganti Kerugian Pengadaan Tanah Pembangunan Jalan Tol Pekanbaru-dumai Provinsi Riau

Matnuril, Matnuril (2022) Kepastian Hukum Pemegang Hak Milik Tanah Dalam Pemberian Ganti Kerugian Pengadaan Tanah Pembangunan Jalan Tol Pekanbaru-dumai Provinsi Riau. Masters thesis, Universitas Islam Riau.

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Abstract

Procurement of land in the public interest for the construction of the Pekanbaru-Dumai toll road is facing a conflict of interest. The government, private sector, land owners and affected communities are interested parties in the land acquisition process. The configuration of interests that occurs creates an unequal proportion when the holders of land rights are faced with the overlapping status of the land they control. The implementation of land acquisition for the construction of the Pekanbaru-Dumai toll road in the perspective of the holder of land rights has not fulfilled the principle of a sense of justice. The object of land acquisition in the public interest for the construction of the Pekanbaru-Dumai toll road on which ownership rights have been issued but is in the status of state property, forest area, and right to cultivate results in the holder of property rights not getting legal certainty of payment of compensation for the value of the land they own. In the process of inventorying and identifying land rights, the organizers of land acquisition act within the trend of public law. The research method applied is observational research; namely research directly to the location using interview data collection techniques. The nature of this research is descriptive legal study; which means the research is intended to provide a detailed, clear and systematic description of the main problems studied. Analysis of the problem is carried out by applying Gustav Radbruch's theory of legal certainty; that justice is both normative and constitutive for law. Law enforcement will intersect on three dimensions, namely the dimensions of philosophical substance, normative juridical dimensions, and sociological dimensions. Legal certainty of property rights holders in providing compensation for land acquisition for the construction of the Pekanbaru-Dumai toll road has a strong tendency to apply the dimensions of normative philosophical and juridical substance. Meanwhile, the sociological dimension has a strong tendency to be neglected. The neglect of the sociological dimension is due to the historical aspects of the legality of the administration of property rights which were issued after the status of state property, forest areas, and land use rights on the object of land acquisition for the construction of the Pekanbaru-Dumai toll road was neglected. Keywords; legal certainty, property rights, land acquisition in the public interest.

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