Expropriation and Legal Protection of Land Rights for Toll Road Infrastructure in Positive Law

The Basic Agrarian Law explains the regulation of land rights, which can be given and owned by other people, either alone, together or legal entities. And according to Law No. 2/2012 and Presidential Regulation No. 65/2006, the government can expropriate (take over) the rights to land acquisition by the state for the public interest, which often causes conflict between the government and the community. This research is conducted with juridical-normative research using a legal approach. The result of the research is that the government and the community can come to a mutual agreement through the process of releasing land rights and providing balanced compensation. The government also seeks to provide legal protection for landowners, both preventive and repressive, with the government and the community deliberating to reach an agreement on the amount of compensation given, and providing consignment and support to people who are willing to have their land used for the state and get tax breaks.

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Publication Details

Journal
Veteran Law Review
Published
2025-09-29
DOI
https://doi.org/10.35586/velrev.v8i1.10888
Primary Topic
Legal Issues in South Africa
Type
article
Field-Weighted Citation Impact
0.00
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article

Expropriation and Legal Protection of Land Rights for Toll Road Infrastructure in Positive Law

Moh. Riziq
Veteran Law Review
Legal Issues in South Africa
article

Expropriation and Legal Protection of Land Rights for Toll Road Infrastructure in Positive Law

Moh. Riziq
article en

Abstract

The Basic Agrarian Law explains the regulation of land rights, which can be given and owned by other people, either alone, together or legal entities. And according to Law No. 2/2012 and Presidential Regulation No. 65/2006, the government can expropriate (take over) the rights to land acquisition by the state for the public interest, which often causes conflict between the government and the community. This research is conducted with juridical-normative research using a legal approach. The result of the research is that the government and the community can come to a mutual agreement through the process of releasing land rights and providing balanced compensation. The government also seeks to provide legal protection for landowners, both preventive and repressive, with the government and the community deliberating to reach an agreement on the amount of compensation given, and providing consignment and support to people who are willing to have their land used for the state and get tax breaks.

Veteran Law ReviewVol. 8(1)
Islamic University (BD), UIN Sunan Ampel Surabaya (ID)
Openalex Percentile: Top 59%
Legal Issues in South Africa
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