Analysis of Land Disputes After the Construction Period is Completed and the National Strategic Project Program (PSN) is Revoked by the Government. Object of Study of the Toll Road Business Entity, PT Pemalang Batang Tol Road

Abstract

The process of land acquisition for public interest often raises problems, especially those related to the amount of compensation which is considered not to pay attention to the aspect of justice for land owners. This study aims to determine the concept of compensation in land acquisition and its resolution mechanism from the perspective of siyasah syar'iyyah. The type of research used is a literature study with a normative juridical approach. The results of this study indicate that regulatory, the mechanism of land acquisition for public interest must be carried out through deliberation between the two parties to determine the amount of compensation costs. The agreement between the land owner and the government is the basis for the transfer of ownership rights. The resolution mechanism if a problem occurs is attempted through deliberation, although litigation efforts are available. In the perspective of siyasah syar'iyyah, land acquisition for public interest can be carried out using the maslahah mursalah method and the government is not justified in acting arbitrarily in taking over ownership of the land but must provide fair and equitable compensation.