Analisa Penetapan Ganti Rugi dalam Pengadaan Tanah Untuk Kepentingan Umum (Studi Kasus Putusan Mahkamah Agung RI Nomor 1875k/Pdt/2016 tanggal 29 Agustus 2016 dalam Perkara Pengadaan Tanah untuk Pembangunan Jalan Kereta Api Bandar Tinggi-Kuala Tanjung)

Abstract

The purpose of this study is to know the reference/basis in determining the compensation of land procurement for public interest based on the legislation, to know the legal certanty of the procedure of land procurement in terms of determination of compensation on the decision of the Supreme Court of Republic of Indonesia Number 1875 K/Pdt/2016, to know the application of the law by the Assembly Judge in the determination of compensation for the procurement of land for public interest in the decision of the Supreme Court of Republic Indonesia Number 1875 K/Pdt/2016. The method used in this study is normative juridical or bibliography includes secondary data consisting of primary and secondary law sources and supported by interview guides with credible sources in thier field. From the result of the research, it can be concluded that 1. Reference/basis in the determination of ompensation of land procurement for public inters/ based on the law number 2 of 2012 is determined by the land agency as the appraiser in carrying out its duties shall be held accountale against the assessment carried out, while the deliberation is for compromise or agreement on the form of compensation desired by the party entitled (the party owning the object affected by the procurement of land)