PENGATURAN KESEPAKATAN PEMBEBASAN LAHAN ANTARA PEMILIK LAHAN DAN PEMERINTAH UNTUK PEMBANGUNAN INFRASTRUKTUR NASIONAL

Abstract

Land acquisition for national infrastructure development is a critical process that supports economic growth and equitable development. However, this process often presents challenges, particularly conflicts between the government and landowners. This study aims to analyze the legal framework governing land acquisition agreements, the rights of both landowners and the government, and dispute resolution mechanisms under civil law. Using a normative research method, the study examines various legal regulations, including Law Number 2 of 2012 on Land Procurement for Public Interest Development and the Indonesian Civil Code (KUHPerdata).The findings reveal that land acquisition is regulated based on the principles of fairness, transparency, legal certainty, and balance. Landowners have rights to fair compensation and certainty in the process, while the government has the right to access land for public interest while adhering to legal procedures. In the event of disputes, several resolution mechanisms such as negotiation, mediation, conciliation, arbitration, and litigation can be employed to achieve a fair outcome for both parties. This study highlights the importance of clear regulations and consistent implementation to harmonize the need for development with the protection of community rights.