PENYELESAIAN SENGKETA PEMBERIAN GANTI KERUGIAN DALAM PENGADAAN TANAH BAGI PEMBANGUNAN UNTUK KEPENTINGAN UMUM ATAS TANAH HAK GUNA BANGUNAN DIATAS HAK PENGELOLAAN DIKAITKAN DENGANASAS KEPASTIAN HUKUM

Disputes over compensation generally arise from two things: First, the lack of public understanding regarding the scope of land acquisition objects. Second, the community does not understand the basis for calculating the amount of compensation and even believes they can determine the amount of compensation according to their wishes. Although dispute resolution has been regulated in detail and openly in legislation (Law No. 2 of 2012), the majority of the public still feels compelled to accept the outcome of the decision. Dispute resolution in land acquisition for public development prioritizes non-litigation methods, namely through deliberation and mediation. The parties responsible for its implementation are the National Land Agency and the Entitled Parties. If an agreement is not reached in the deliberation, it can be continued through litigation, namely by filing a compensation lawsuit in the local district court and a cassation to the Supreme Court. To reduce disputes and facilitate their resolution, it is recommended that: the Government, the Party Needing Land, the Entitled Party, as well as Public Appraisers and Judges in court need to have a mutual understanding of: a) Data on the object to be released/compensated; b) Objects that can be relocated; c) The basis for calculating the amount of compensation conducted by Public Appraisers. Furthermore, in order for the resolution of land acquisition disputes for public development to provide legal certainty, it is necessary to use Jan Michal Otto's theory of legal certainty and adhere to: a) the principle of legal certainty; b) the principle of equality before the law; c) the principle of deliberation; d) the principle of state power over land; e) the principle of good governance; and f) the principle of public interest