Keywords : Fairness
Reconstruction of Guarantee for Legal Protection of Communities Affected by Land Procurement For Railway Construction In Indonesia
European Journal of Molecular & Clinical Medicine,
2020, Volume 7, Issue 8, Pages 296-30
This study aims to analyze the concept of regulation that guarantees adequate legal protection in the event of problems in fulfilling the rights of compensation for entitled parties. This research uses normative or doctrinal standard research methods. Primary data sources were obtained through field studies, while secondary data used literature studies data collection techniques using surveys, interviews, and literature study. The data analysis technique used a qualitative approach with an interactive model. The sampling method used was purposive and snowball sampling. In terms of its nature, this dissertation is explanatory research, and from the point of view of its form, it is a prescriptive study. In this legal research, the researcher uses 2 (two) approaches, the statute approach, and the conceptual approach. The results show, in terms of the validity theory of Gustav Radbruch's law, the guarantee of the legal protection of Law Number 2 of 2012 on the process and mechanism for providing compensation for entitled parties have valid validity from a juridical review but does not yet have valid validity from philosophical thought. And sociological. This study also concludes that it is necessary to reconstruct the land acquisition law, mainly concerning the provisions governing the process and mechanism for providing compensation or compensation to entitled parties. To guarantee legal protection in drafted regulations to fulfill the fundamental values of justice and benefits for the community, reconstruction is directed at a. There is the involvement of parties entitled as the subject of land acquisition rights with appraisal in the assessment of land acquisition objects, b. the presence of a dispute resolution institution with a non-litigation paradigm (PnLg) in the form of mediation, c. there is a change in the term "compensation" to "compensation," and d. there are additional rights for entitled parties, namely: "the right to get adequate compensation." Based on the above conclusions, it is recommended that the government revise Law Number 2 of 2012.