Legal Protection for Local Governments in the Small-Scale Land Acquisition Process Linked to Law Number 2 of 2012 Concerning Land Acquisition for Development in the Public Interest

The land acquisition process for development intended for public interest with an area of ​​not more than 5 (five) hectares can be carried out directly by the land-requiring agency. In practice, there are several problems and even lawsuits. In this regard, this study needs to examine legal protection for local governments and the concept of releasing their rights. This study uses a normative legal approach with a legal research method conducted through a study of secondary legal materials (literature), and is supplemented by interviews as supporting data. The results of the study found that preventive legal protection is accommodated in Law No. 2 of 2012 and its implementing regulations, while repressive protection can be seen from several jurisprudence relating to good faith buyers must be protected by law and related to the concept of small-scale land acquisition by the Regional Government must use the concept of releasing rights.

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Publication Details

Journal
Formosa Journal of Applied Sciences
Published
2025-05-20
DOI
https://doi.org/10.55927/fjas.v4i5.114
Primary Topic
Legal Studies and Policies
Type
article
Field-Weighted Citation Impact
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article

Legal Protection for Local Governments in the Small-Scale Land Acquisition Process Linked to Law Number 2 of 2012 Concerning Land Acquisition for Development in the Public Interest

Imas Rosidawati Wiradirja, Riris Risnayanti Rahmat, Juli Asril
Formosa Journal of Applied Sciences
Legal Studies and Policies
article

Legal Protection for Local Governments in the Small-Scale Land Acquisition Process Linked to Law Number 2 of 2012 Concerning Land Acquisition for Development in the Public Interest

Imas Rosidawati Wiradirja, Riris Risnayanti Rahmat, Juli Asril
article en

Abstract

The land acquisition process for development intended for public interest with an area of ​​not more than 5 (five) hectares can be carried out directly by the land-requiring agency. In practice, there are several problems and even lawsuits. In this regard, this study needs to examine legal protection for local governments and the concept of releasing their rights. This study uses a normative legal approach with a legal research method conducted through a study of secondary legal materials (literature), and is supplemented by interviews as supporting data. The results of the study found that preventive legal protection is accommodated in Law No. 2 of 2012 and its implementing regulations, while repressive protection can be seen from several jurisprudence relating to good faith buyers must be protected by law and related to the concept of small-scale land acquisition by the Regional Government must use the concept of releasing rights.

Formosa Journal of Applied SciencesVol. 4(5)
Universitas Langlangbuana (ID)
Openalex Percentile: Top 79%
Legal Studies and Policies
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