Analisa Yuridis Tentang Cacat Hukum Penetapan Ganti Kerugian Pengadaan Tanah Bagi Pembangunan Untuk Kepentingan Umum Dalam Pembangunan (Studi Putusan Mahkamah Agung Nomor 1382 PK/Pdt/2022)

Abstract

As a developing country, Indonesia requires infrastructure development to support economic growth, which often necessitates land acquisition for the public interest. The land acquisition for the construction of the Bener Dam in Purworejo Regency gave rise to a dispute over the determination of compensation, which was adjudicated in Supreme Court Decision Number 1382 PK/Pdt/2022. This study aims to examine the mechanism for compensation payments in land acquisition for public interest based on statutory regulations, assess the legal validity of the deliberation process in determining compensation amounts, and analyze the legal considerations of the panel of judges in resolving compensation disputes and the time limits for filing land acquisition cases for public interest, based on Supreme Court Decision Number 1382 PK/Pd/2022. This study is a normative legal research with a descriptive-analytical approach, utilizing secondary data as the primary source, alongside secondary and tertiary legal materials. Data collection was conducted through literature review and analysis of relevant documents, which were then qualitatively analyzed and concluded using deductive reasoning. The analysis of the compensation dispute in the Bener Dam land acquisition case indicates that legal defects in compensation determinations may arise due to the absence of communicative and dialogic deliberation procedures, non-compliance with Law No. 2 of 2012, or violations of time limits in the assessment process. In Supreme Court Decision Number 1382 PK/Pdt/2022, the application of a specific dispute resolution procedure in land acquisition served as the basis for the judges to reject the petition for judicial review, as the petitioners should have filed an objection with the District Court within 14 days following the compensation deliberation, in accordance with Supreme Court Regulation Number 3 of 2016 in conjunction with Supreme Court Regulation Number 2 of 2021. This decision underscores the importance of adhering to legally established procedures to ensure legal certainty in the implementation of development for the public interest.