PENETAPAN PIHAK YANG BERHAK MENERIMA GANTI RUGI DALAM PROYEK JALAN TOL CIBITUNG—CILINCING (STUDI PUTUSAN MA NO. 4010 K/PDT/2022)

The 1945 NRI Constitution mandates that "earth and water and the natural resources contained therein be controlled by the state and used for the greatest prosperity of the people." Indonesia needs to develop infrastructure such as railways, highways, toll roads, ports, airports, and so on which can make it easier for people to carry out mobility in life. In the implementation of toll road construction for the public interest, land procurement is carried out in which compensation is provided for land used for toll road construction purposes by providing fair and appropriate compensation. The problems in this research are: Is the determination of the party entitled to receive compensation in accordance with the laws and regulations, how do judges consider in cases of determining the party entitled to receive compensation? The type of research used is normative legal research using secondary data as the main data. The nature of this research is descriptive by carrying out qualitative analysis and drawing conclusions deductively. The conclusion of this research is that the determination of the party entitled to receive compensation is not in accordance with statutory regulations due to the error of the panel of judges at the first level in deciding the case, however at the appeal to cassation level the party entitled to receive compensation won the heirs of Rohanih Binti Djam as the party entitled in accordance with the existing evidence.