PEMBANGUNAN JALAN TOL DI INDONESIA: KENDALA PEMBEBASAN TANAH UNTUK PEMBANGUNAN BAGI KEPENTINGAN UMUM DAN GAGASAN UPAYA PENYELESAIANNYA

Abstract

The study is aimed at (a) identifying both legal and empirical constraints inhibiting the process of land clearing which
is one the important factors in land acquisition for public facilities, and (b) suggesting the concept of solving the problem, especially
on the construction of Trans Java toll road. The research is done by library studies including legislations, documents, interviews.
The efforts to solve the problems on land clearance was based on academic studies using references such as books, legislations,
empirical and data and facts and actors opinions. Several constraints already identified are: (a) the difficulty of achieving an
agreement on the amount of compensation caused by (i) the minimum knowledge awareness on the social function of land (ii) the
importance of infrastructure building, including toll roads, (iii) the limited fund for land acquisition, (iv) the dispute on land
ownership, (v) the existence of land acquisition objects by BUMN, BUMD and wakaf land, (b) the incomplete file on land
acquisition, (c) the invalid evidence of land ownership, (d) the presence of land speculators, (e) the presence of provocateurs (f) the
week cooperation of private-state scheme, etc.

Keywords: constraints, land clearance, land acquisition, public facilities.