Legal Certainty for Land Destroyed by Development Demak - Semarang Toll Road

Abstract

This study aims to analyze: 1) Regulation of the determination of destroyed land affected by the acquisition of the Demak-Semarang toll road. 2) Legal certainty regarding the regulation of destroyed land affected by the construction of the Demak-Semarang toll road. This type of research is included in the scope of empirical legal research. The approach method in this study is an interdisciplinary approach and an economic analysis of law approach. The types and sources of data in this study are primary and secondary data obtained through interviews and literature studies. The analysis in this study is prescriptive. The results of the study concluded: 1) Regulation of the determination of destroyed land affected by the acquisition of the Demak-Semarang toll road. The initial process of determining destroyed land begins with identification by the National Land Agency (BPN). The assessment team conducts a field inspection to determine whether the land meets the criteria as destroyed land. After the determination, the landowner is given information about the status of their land, as well as the procedure for obtaining compensation or spiritual funds. Based on the Regulation of the Minister of ATR/BPN No. 17/2021, land designated as destroyed land previously only received compensation of 25% of the Taxable Object Sale Value (NJOP). However, with the change in regulations, namely Presidential Regulation Number 27 of 2023 concerning Amendments to Presidential Regulation Number 52 of 2022 concerning Handling of Social Impacts on Land Identified as Destroyed Land, land affected by tidal flooding in the Demak-Semarang toll road project can now receive full compensation based on a fairer market value assessment by the appraisal team. 2) Legal certainty regarding the regulation of destroyed land affected by the construction of the Demak-Semarang toll road can be guaranteed by Presidential Regulation Number 27 of 2023 concerning Amendments to Presidential Regulation Number 52 of 2022. The existence of legal certainty regarding land status through the determination of land areas affected by tidal flooding that are designated as destroyed land or not, can provide legal certainty to the rights holders of the land concerned. This regulation also provides stronger legal certainty regarding the provision of compensation or spiritual funds for land identified as destroyed land. Land affected by tidal flooding in the Demak-Semarang Toll Road project is now entitled to full compensation based on the market value assessed by the appraisal team. This improves on the previous provision, where compensation was only 25% of the NJOP, thus ensuring the protection of landowners' rights and increasing social justice in the land acquisition process.