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deposit of compensation in land acquisition for the construction of the padang-pekanbaru toll road in public interest
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نویسنده
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khristina debby ,warman kurnia ,andora hengki
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منبع
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international journal of multicultural and multireligious understanding - 2020 - دوره : 7 - شماره : 8 - صفحه:285 -309
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چکیده
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Deposit of compensation at the court which is carried out in land acquisition for the publicinterest is one of the solutions to accelerate the development process. the disagreement of the partiesregarding compensation has made the agency managing the project use a consignment mechanism tosolve this compensation problem. therefore, this research is focused on 3 (three) main problems. first,what is the process of assessing and determining compensation for land acquisition for the construction ofthe padang-pekanbaru toll road on jalan padang-sicincin? second, what is the process of filing anobjection to the determination of the form and / or amount of compensation at the pariaman districtcourt? third, how is the implementation of deposit for compensation in land acquisition for theconstruction of the padang-pekanbaru toll road on the padang-sicincin road? this type of research isempirical juridical legal research and to answer the above problems, this study uses primary data andsecondary data. primary data is obtained through field research, while secondary data is obtained fromtracing laws and regulations and decisions of constitutional court judges. the data analysis wasconducted in a descriptive qualitative manner. the results showed that the process of appraising anddetermining compensation for land acquisition was carried out starting from the process of appointing theappraisal team, the assessment of compensation by the appraisal team, deliberation, and the process ofdetermining the compensation. the appointment of an appraisal team is determined by the chiefexecutive of land acquisition using the direct procurement method. the appraiser makes an appraisalusing the fair replacement value and refers to the spi 306 technical guidelines. the results of theappraisal are used as the basis for deliberations to determine compensation. the fact is that thedeliberations are carried out as it should be, but the price set by the appraiser (appraisal) is as if only afinal price that must be agreed upon by the entitled party, even though the price recommended by theappraisal is a price that is the price for negotiating with the community land owner. the process for filingan objection to the determination of the form and / or amount of compensation at the pariaman districtcourt is in accordance with the supreme court regulation no.3 of 2016 and is a form of legal protectionfor land rights owners. the implementation of land’s deposit compensation at the pariaman district courtis carried out in accordance with the supreme court regulation number 3 of 2016 and in thecompensation of the damages awaits a court process that has permanent legal force so that the moneycan be given to the party entitled to receive it.
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کلیدواژه
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deposition of compensation ,land acquisition ,public interest
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آدرس
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andalas university, faculty of law, indonesia, andalas university, faculty of law, indonesia, andalas university, faculty of law, indonesia
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Authors
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