Pandangan Kritis terhadap Pembebasan Hak atas Tanah Oleh para Developer dalam Pembangunan Perumahan dan Pemukiman di Kotamadya Medan

Abstract

The land problem in Indonesia is regulated within the provisions UUPA No. 5 the year 1960 that aims at bases of formation National land law which will continue an instrument to bring prosperity, happiness and justice for country and peasant society, that is why every development activity must notice society interest. One of the development is housing and settlement development that be done by the developer in executing land proprietary right discharge, until in executing the development must be in accordance with the valid provisions and does not bring about compensation for the land owners. By increasingly the development in the whole field therefore more land needed, whereas the land available very limited and moreover land for Indonesian society constitute subsistence in accordance with so called that the country of Indonesia is an agrarian country, that is why to fulfil the necessaries of land in housing and settlement development, the developers must obey the valid provisions of law. In the limitation of lands that exist in city area so the developers shift the development to suburb area that finally bring the effect of farmland transition to non agriculture (Housing and Settlement). Afterwards whether the developer in attempting to obtain land using common interest principle and how the procedure of land discharge that held by the developer whether it has been in accordance with the valid provisions of law. Furthermore that become a by the developer is granting agreement between both sides in will be discharged. problem in land discharge compensation, because no value/price of land that To answer the problem above so held research by using data collection method in studying literature, and studying document along with the result of report either from the land owner or from the developer. After it has been analyzed so it can be concluded as follows 1. That Medan City in wide 26.510 ha with quite high population that is 1.730.520 people at a rapid growth 2,2 % every year needs housing 346.010 unit. 2. That to fufil the necessaries of said housing so the developer held the discharge of farmlands until it accured the farmlands transition as wide as 2.527,24 ha to non agriculture (housing and Settlement) 3. That in attempting to obtain land the developers using common interest principle. 4. That before held land discharge the developer before hand obtained location permit decision letter which issued by land office of Medan City, in fact after the permit obtained, the developer has accomplished intimidation to society in order that his land sold to the developer. 5. That in the problem of land discharge the landowner gets ready his land released, but it must be in accordance with the market price.