@article{ART001966664},
author={Hae Cheol Byun and LEE， So Wang},
title={Acquisition of Land for Development in the Public Interest in Indonesia},
journal={Public Land Law Review},
issn={1226-251X},
year={2015},
volume={68},
pages={183-209}
TY - JOUR
AU - Hae Cheol Byun
AU - LEE， So Wang
TI - Acquisition of Land for Development in the Public Interest in Indonesia
JO - Public Land Law Review
PY - 2015
VL - 68
IS - null
PB - Korean Public Land Law Association
SP - 183
EP - 209
SN - 1226-251X
AB - Indonesia’s land acquisition laws have long been considered as the main handicap to executing much needed infrastructure development projects.
Law No.2/2012 ‘Acquisition of Land for Development in the Public Interest’ replacing the Presidential regulations No.55/1993 and No.36/2005 on Land Aquisition for Public Interest and the Presidential Regulation No. 71/2012, it is not only expected to provide, clearly and certainly, the needed land for the development of infrastructure projects, but also to give a reasonable and fair compensation to affected parties by the compulsory land acquisition.
There are four steps in the procedure for acquiring land for the public interest, namely planning, preparation, acquisition, and hand-over. The period for land acquisition could be considered clear and certain by stipulating a maximum period of each steps of land acquisition. According to the Law No.2/2012 ‘Acquisition of Land for Development in the Public Interest’, if there are no objections or appeal requests, the land acquisition process will take around 319 working days. But, in case of objections or appeal requests, a maximum period for land acquisition could be 583 working days. However, it could be also considered still far too long.
Even though the negotiation process for compensation is considered important for safeguarding individuals' rights on the acquired land, the evaluation system for compensation is not yet well established. And, human rights of the residents in the related area have been sometimes violated by officers' coercive measures, which were the relics of the past authoritarian government.
It is continuously needed to make up for the weak points of the laws related to the compulsory land acquisition, including the Land Law itself, legal system on the evaluation for compensation, etc. And, the affected parties by the land acquisition having to understand the necessity of land acquisition, the public agents' behaviour should be changed for respecting human rights of affected parties.
KW - Land Aquisition;Compensation;Negotiation Process;Human Rights;Property;Indonesia
DO -
UR -
ER -
Hae Cheol Byun and LEE， So Wang. (2015). Acquisition of Land for Development in the Public Interest in Indonesia. Public Land Law Review, 68, 183-209.
Hae Cheol Byun and LEE， So Wang. 2015, "Acquisition of Land for Development in the Public Interest in Indonesia", Public Land Law Review, vol.68, pp.183-209.
Hae Cheol Byun, LEE， So Wang "Acquisition of Land for Development in the Public Interest in Indonesia" Public Land Law Review 68 pp.183-209 (2015) : 183.
Hae Cheol Byun, LEE， So Wang. Acquisition of Land for Development in the Public Interest in Indonesia. 2015; 68 183-209.
Hae Cheol Byun and LEE， So Wang. "Acquisition of Land for Development in the Public Interest in Indonesia" Public Land Law Review 68(2015) : 183-209.
Hae Cheol Byun; LEE， So Wang. Acquisition of Land for Development in the Public Interest in Indonesia. Public Land Law Review, 68, 183-209.
Hae Cheol Byun; LEE， So Wang. Acquisition of Land for Development in the Public Interest in Indonesia. Public Land Law Review. 2015; 68 183-209.
Hae Cheol Byun, LEE， So Wang. Acquisition of Land for Development in the Public Interest in Indonesia. 2015; 68 183-209.
Hae Cheol Byun and LEE， So Wang. "Acquisition of Land for Development in the Public Interest in Indonesia" Public Land Law Review 68(2015) : 183-209.
