Supriyatini, Supriyatini (2024) Analisis Yuridis Pembangunan Infrastuktur Jalan Tol Pekanbaru- Padang Di atas Tanah Masyarakat Adat. Masters thesis, Universitas Islam Riau.

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Abstract

Procurement of land for development is carried out by revoking land rights in accordance with Law Number 20 of 1961 concerning Revocation of Rights to Land and Objects on It. Or through relinquishing land rights according to Law Number 2 of 2012 concerning Land Acquisition for Development Purposes in the Public Interest. Article 1 point 2 of Law Number 2 of 2012 states that Land Acquisition is the activity of providing land by providing adequate and fair compensation to those entitled to it. Based on the statutory provisions above, it should follow the legal basis that applies to land acquisition in Indonesia. Land acquisition should also respect community rights, but in reality community rights are often ignored by policy makers. This is always a conflict in land procurement for infrastructure development, such as what happened in land acquisition for the Pekanbaru-Padang toll road construction project. Therefore, this article focuses on how to acquire land belonging to customary communities for infrastructure development, case studies of land acquisition for the construction of the Pekanbaru-Padang toll road and how to legalize land belonging to indigenous peoples affected by the construction of land acquisition infrastructure for the construction of the Pekanbaru-Padang toll road and how to resolve it. conflict in development and land acquisition so that by conducting this research researchers hope to find a conflict resolution model in the construction of the Padang Pekanbaru toll road This research method uses sociological legal research (sociological jurisprudence) which focuses on law in a social context, which in this research also uses normative legal methods and legal sociology related to community-owned land for the Pekanbaru-Padang toll road infrastructure. According to this theory, laws that are made must take into account the laws that exist in society (living law). If this is not given attention, the result is that the law will not be effective and will even be challenged The research results show that in practice it is very difficult to determine the subject and object of customary land. In the land registration system in Indonesia, people must actively apply for their land rights accompanied by adequate proof of control and ownership. This should be seen wisely, in relation to the fact that from existing experience it is not uncommon for land expropriations to be faced with rights holders who cannot show proof of ownership, resulting in compensation that is not on target. Compensation in the field of civil law is a regulation of equal performance due to demonstrations that cause losses experienced by one of the parties entering into an understanding/agreement. The problem that is slowing down the construction of the toll road is the rejection of land acquisition from various elements of indigenous communities in several sub-districts in Padang Pariaman Regency. The 0-4.2 km route has completed the construction phase. Currently the land acquisition and construction process is underway on the 4.2-36 km route. Keywords: Juridical Analysis, Infrastructure Development, Land, Indigenous Peoples

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