Analisa Penerapan Konsinyasi Ganti Kerugian dalam Pengadaan Tanah untuk Pembangunan Jalan Tol Ruas Sigli – Banda Aceh (Studi di Kabupaten Aceh Besar)

Abstract

The issue of land acquisition is very sensitive in handling. One of the problems that often comes in the implementation of land acquisition is the dissatisfaction of potential compensation recipients with the value calculated and determined by the Public Appraiser Service Office (KIPP). This dissatisfaction, on a small scale, leads objections to the value of compensation and on a large scale to statements of non- acceptance of the value, which leads to consignment at the District Court. The problem of this study is why there is a compensation consignment in the procurement of land for the construction of the Sigli-Banda Aceh toll road, what is the procedure for implementing a compensation consignment in the procurement of land for the construction of the Sigl-Banda Aceh toll road, what are inhibiting factors in the implementation of the consignment compensation for land acquisition for the construction of the Sigli-Banda Aceh toll road The research uses descriptive empirical juridical research method. The data used to answer the problems are secondary data and primary data originating from library research and field research Results of this research is that there is a consignment in the implementation of the construction of the Sigli-Banda Aceh toll road because the community or parties have the right to reject the compensation value determined by the KIPP. The consignent is also caused by a lot of community land that would be released for the constraction of toll roads was disputed in court. Another reason for consignment is because the whereabouts of the entitled party are unknown. The procedure for implementing a consignment for compensation in the constraction of the Sigli-Banda Acch toll road section occurs when the party entitled to rejects the amount of compensation but does not submit an objection to the District Court, a land dispute and its whereabouts are unknown. Then the Land Procurement Implementer of Aceh Regional Office of Indonesian National Land Office (BPN) through the Commitment Making Officer of Indonesia's Ministry of Public Works and Housing consigned the land of the entitled party so the District Court. Another inhibiting factor in implementing consignment compensation for the construction of the Sigli-Banda Aceh toll road is that the party entitled to the disputed land only refute verbally so that the absence of written evidence means that the consignment case cannot be registered in the District Court. Another inhibiting factor at that time was a legal vacuum because there was no clear regulation as stipulated in Article 114 number 6 letter D Regulation of the Ministry of Agrarian Affairs and Spatial Planning National Land Agency Number 19 of 2021 concerning the Implementation of Land Acquisition