DJONI SUMARDI GOZALI, 031170145 (2017) ASAS KESEPAKATAN DALAM PENGADAAN TANAH BAGI PEMBANGUNAN UNTUK KEPENTINGAN UMUM. Disertasi thesis, Universitas Airlangga.

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Abstract

The legal issues of this research consist of philosophical ground of the consensualism principle in land procurement for development for the sae of public interest; the characteristics of the principle in land procurement for development for the sake of public interest; and the application of the consensualism principle in land procurement for development for the sake of public interest. The method of this research is normative legal research by applying statute approach, conceptual approach, and comparative approach. The results of this research are, firstly, the consensus in land procurement is based on the principle of deliberation, while consensus in contract law is based on the principle of the freedom of contract, the meaning of the consensualism principle in land procurement is the principle which regulates the relation among the parties in determining the form and the amount of the compensation on the basis of togetherness, sincerity, and equality conducted amicably, the function of the consensualism principle in land procurement is to guarantee the manifestation of rebalancing between the release of land right and the land compensation so the harmonization in the co-existence can be achieved pleasantly and peacefully; secondly, the characteristics of the principle in land procurement for development for the sake of public interest is limited that is limited by the time, limited freedom in determining the consensus on the amount of the compensation, and limited nature of this consensus is related with the provision concerning consignment/deposit of the compensation at the court, thirdly, there is deviation in the enforcement of the consensualism principle in Act Number 2 of 2012 as well as in its implementing regulation, namely, Presidential Regulation Number 71 of 2012.

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