Land Acquisition Regulation for Infrastructure Development in Indonesia: The Problem of Efficiency of its Performance
Dr. Iwan Erar Joesoef, SH., Sp.N., M.KN
Fakultas Hukum, Universitas Pembangunan Nasional "Veteran" Jakarta.
Abstract
In case of land acquisition for public purposes like developing of infrastructures, the local government set up the committee for land acquisition (P2T) both for province level or district level. In its realization, such as toll road infrastructure development, in addition to setting up such P2T, the central government through ministry of public works and people housing development (PUPR) also setting up the land acquisition team (TPT) in order to assist P2T. The process of setting up such institution there are P2T and TPT, of course, the same process occur or take effect for others infrastructure development. Under the toll road regulation, the government had set up the regulatory body (regulator) that is to say toll road regulator (BPJT), but, however its authority for land acquisition is limited to assist the process of land acquisition in term of checking the availability of land acquisition fund resource from investors, and make sure its use. However, the purpose of setting up such regulatory body are, basically to avoid the monopoly activities, to protect the users against the monopoly behavior and to protect the investor against the misgovernment. Since the setting up such P2T and as well as TPT, the land acquisition for public purpose, in its performance, there are many constraint such as inefficiency and ineffectiveness in performing of land acquisition both upon the institution or the procedure, and also arising the risk of the government budget usage. In the act of development of toll road infrastructure in Indonesia, land acquisition for public purpose still be the main constraint, both in the matter of time frame of its performance or the matter of its cost, so that it still become as the investors obstacles. In this circumstances, the question arising that, do the institutions related to land acquisition activity for public purpose could run effective and efficiency, and how government regulate it so that giving the effective and efficiency of its performance. Refer to Chicago approach to law and economics, of which one criterion employed is pareto efficiency and public choice theory, this normative legal research will gives the alternative solution of land acquisition for public purpose which more effective and efficient under the regulator institution which set up as the single (general) regulator and apply to all jurisdiction (centralize).
Keywords: land acquisition, regulator, infrastructure, public purpose.
Topic: The Role of Law in Supporting Sustainable Cities