Pelaksanaan Ganti Rugi dalam Pelepasan Hak-Hak atas Tanah untuk Kepentingan Umum (Studi Kasus Proyek Jalan Lingkar Selatan di Kotamadya Medan)

Abstract

Problem of the land. use provided for the public interests may occur however it's caused by any conflict of interest between the government and the community. With respect to the development, Government in one side needs the land for various Public Utilities, and facilities; on the other hand, the community needs the land for housing, do for a living, and farming. It would against the human rights and private rights the community. There are Law Instruments, namely: Civil Code (KUHPerdata) and Presidential Decree (KEPPRES No.55 Tahun 1993) to solve the problem; implementation of Presidential Decree Tahun 1993), and what the obstacles will be found and what kind of solution would be supposed to do if the community didn't agree with the compensation offer for releasing of their title to land. how is the (KEPPRES No.55 Based on the mentioned above, the research conducted the Project of South Ring Road in the Municipal Government of the City of Medan. The Normative and Empirical Sociological Research was covered. Data from community, whoes land taken for the project, collected by interview and questionnaires. Respondents are chosen by random sampling. The result of research shows that: 1. The Presidential Decree (KEPPRES No.55 Tahun 1993) is not implemented effectively, the principles of contract law which is laid down on article 1320 of Civil Code (Pasal 1320 KUHPerdata) jo article 1338 of Civil Code (Pasal 1338 KUHPerdata) are neglected substantially; The assessment of the compensation value determined based on the Government's policy. 2. The obstacles found that most people the damages didn't agree about compensation which the committee and Medan, had been definite. 3. The solution taken by the committee is to negotiate, on consignment and take a legal action against the community who reject the consignment. To make sure about· the law enforcement and the certainly and the private rights protection of the community, it is considered important to implement The Presidential decree (KEPPRES No. 55 Tahun 1993) formally and substantially. The policy and action taken by government/ committee should be based on the rules of the law and must give great respect for those who suffered from the damages.