Land Procurement for Public Interest has been
carried out since 1961 until now. One of the developments carried out by the
Government in collaboration with the private sector is land acquisition, namely
the construction of Kediri Airport. In the procurement of land, there was a
dispute at the District Court of Kediri Regency where the rightful party,
namely in this case the Petitioner felt that the compensation price was far
below the prevailing market price in the community, while the Government and
Agencies that needed land, in this case ATR/BPN Kab. Kediri and PT. Gudang
Garam Tbk and the Panel of Judges are of the opinion that the compensation
given is the assessment of the Assessment Team.
This type of research is normative by analyzing
the basis of the judge's consideration of Decision No. 174/Pdt.G/2021/PN. Gpr
with a focus on ambiguity/differences in interpretation between the parties in
article 33 of Law no. 2 of 2012. The author uses a statutory, case and
conceptual approach and uses primary, secondary, and non-legal legal materials
in analyzing problems. In technical analysis the author uses a prescriptive
method.
According to SPI 204, the valuation guideline used
as the basis for compensation is Fair Replacement Value. Fair Replacement Value
is a value based on equity with the market value of the property taking into
account the extraordinary elements in the form of non-physical losses arising
from the acquisition of said property rights. As a result of the court
decision, the applicant suffers a loss because the calculation does not match
the market value and does not fulfill the principle of certainty, the principle
of justice and the principle of welfare. Judges in deciding cases should refer
more to other sources such as laws, jurisprudence, customary law, and the
doctrines of scholars. The Appraisal Team should evaluate carefully so that
there are no losses from various parties and look at other aspects. The land
acquisition committee in the deliberation stage should provide a detailed
explanation of what forms of losses and what losses will be assessed. The
petitioner, in this case the entitled party, should present an expert witness,
namely someone who understands and understands land valuation.
Keywords: Land procurement, dispute, compensation