PERLINDUNGAN HUKUM BAGI PEMILIK TANAH DALAM HAL TERDAPAT SISA BIDANG TANAH YANG TIDAK DAPAT DIFUNGSIKAN TERKAIT GANTI RUGI PENGADAAN TANAH UNTUK KEPENTINGAN UMUM

Abstract

As stated in Article 35 of Law Number 2 of 2012 concerning Land Acquisition for Development in the Public Interest jo. Article 67 of the Presidential Regulation of the Republic of Indonesia Number 71 of 2012 concerning the Implementation of Land Acquisition for Development in the Public Interest, states that: "In the event that certain plots of land affected by Land Acquisition have residue that can no longer be used in accordance with its designation and use, the entitled party may request complete replacement of the plot of land”. However, in reality, land owners do not receive legal protection for remaining plots of land that cannot be used. The formulation in this research is, the legal consequences for the remaining land plots related to compensation for land acquisition for the public interest and legal protection for land owners for the remaining land plots related to compensation for land acquisition for the public interest. The method used in this research is normative juridical research, namely legal library research or secondary data with primary, secondary and tertiary sources of legal materials. The research approaches used are the Legislative Approach, Conceptual Approach, Analytical Approach, Case Approach and techniques for collecting legal materials by identifying and inventorying positive legal rules, book literature, journals and other sources of legal materials. The analysis technique for legal materials is carried out using grammatical interpretation, systematic interpretation, and legal construction methods. The results of this research are the legal consequences for the remaining plot of land regarding compensation for land acquisition for public purposes, namely that the land owner can receive full compensation for the entire land he owns and also for losses that may occur on the remaining plot of land, as well as legal protection for the land owner. repressive, in this case the land rights owner has the right to resolve disputes regarding the remaining plots of land which cannot be used in land acquisition for public purposes by submitting an objection to the District Court.