Ruud Marino Levranda, Lexy Fatharany Kurniawan

Kepastian Hukum Penerima Ganti Rugi Pengadaan Tanah: Studi Kasus Korupsi Tol Padang-Sicincin

Introduction

Kepastian hukum penerima ganti rugi pengadaan tanah: studi kasus korupsi tol padang-sicincin. Telusuri kepastian hukum ganti rugi pengadaan tanah, menyoroti korupsi Tol Padang-Sicincin. Pahami pertanggungjawaban pidana warga dalam klaim fiktif atau pemalsuan dokumen.

Abstract

Legal Certainty Of Recipients Of Land Acquisition Compensation: A Case Study Of Padang-Sicincin Toll Corruption. Land acquisition for public interest is essential for national infrastructure development but often faces legal challenges, particularly regarding the legal certainty of compensation recipients. This study explains the compensation payment procedures based on Law Number 2 of 2012 and Presidential Regulation Number 71 of 2012, and examines the potential for criminal liability among citizens in cases of irregularities. Using a normative legal method and a case study approach on the Padang-Sicincin Toll Road corruption case, the study finds that land acquisition involves four stages: planning, preparation, implementation, and result submission. Although mechanisms are designed to ensure fairness and accountability, weaknesses in verification and supervision can be exploited for unlawful acts, such as document falsification or fictitious claims. The Amir Hosen case illustrates that citizens who knowingly commit such acts can be held criminally liable, including as perpetrators of corruption.

Review

This study tackles a critical and timely issue concerning the legal certainty of compensation recipients in land acquisition for public interest, a process often fraught with complexities and vulnerabilities. By focusing on the Padang-Sicincin Toll corruption case, the research provides a specific lens through which to examine the practical application of Law Number 2 of 2012 and Presidential Regulation Number 71 of 2012 regarding compensation payment procedures. The normative legal method, coupled with a detailed case study, promises to offer valuable insights into not only the procedural aspects but also the potential for criminal liability among citizens involved in irregularities, a crucial but often overlooked dimension of land acquisition disputes. The findings highlight a significant gap between the intended robust mechanisms for fairness and accountability in the four stages of land acquisition (planning, preparation, implementation, and result submission) and their actual execution. The paper effectively identifies that weaknesses in verification and supervision are exploited for unlawful acts such as document falsification and fictitious claims. A major strength of this study lies in its direct illustration, via the Amir Hosen case, that citizens who knowingly engage in such deceptive practices can indeed be held criminally liable, including as perpetrators of corruption. This finding is particularly impactful as it moves beyond the typical focus on state officials, implicating private citizens in the broader corruption scheme. Overall, this research contributes significantly to the understanding of legal certainty and corruption risks within Indonesia's land acquisition framework. Its practical relevance is high, offering critical insights for policymakers to strengthen oversight and verification mechanisms, and for legal practitioners in navigating complex compensation cases. The clarity with which it elucidates the potential criminal liability of citizens serves as an important cautionary tale and a valuable resource for educating the public and legal stakeholders alike. This study is an important contribution to the discourse on good governance and accountability in national infrastructure development.

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