KEBIJAKAN PENILAI PERTANAHAN DALAM PERALIHAN ALIH FUNGSI TANAH UNTUK KEPENTINGAN UMUM

H. Ahmad Yubaidi, NIM.: 1430017010 (2021) KEBIJAKAN PENILAI PERTANAHAN DALAM PERALIHAN ALIH FUNGSI TANAH UNTUK KEPENTINGAN UMUM. Doctoral thesis, SUNAN KALIJAGA YOGYAKARTA.

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Abstract

One arising problem in a private-to-public land use conversion concerns compensation. It is mentioned in article 33 of Law No. 2 of 2012 concerning Land Acquisition for Public Use Establishment that a land estimator roughly calculates the amount of compensation, comprising land, above and underneath the surface, buildings, plants, land-related items and other disadvantages. In practice it is delegated to a licensed land estimator to judge in order to reach the most reasonable value on which the amount of compensation given is based, as stated in article 34 paragraph 3 of Law number 2 of 2012. This research is trying to answer two questions. First, what considerations are employed by a licensed land estimator while estimating the value of a converted object of land? Second, does the decision of the object determined by a licensed land estimator meet maslahah and justice principles? To answer them, a sociological juridical approach supported by secondary data is used. The approach is under the principles of maslahah by al-Ghazali and of justice by John Rawls. The study reveals two findings. Firstly, when doing his job, a licensed land estimator has to abide by the Indonesian Estimation Standard (Standar Penilaian Indonesia – SPI-204), which comprises three points: 1) an estimation of a small scale (<5 hectares) of converted land to public use which is not bound to a particular location based on market value considerations, 2) an estimation of a small scale (<5 hectares) of converted land to public use which is bound to a certain location based on particular value considerations, 3) an estimation of a big scale (>5 hectares) of converted land to public use by reasonable compensation value considerations. Secondly, the determination of the value of the converted land by the above three considerations meets the principles of maslahah by Al-Ghazali. The object’s value established by a land estimator can bring benefits (kemaslahatan) as indicated by the best estimation value it can reach. The establishment also keeps harm (kemudaratan) away as indicatedby the absence of the authority’s despotism over land owners with respect to compensation. Thus, the value determination goes with the goals of maslahah, in particular, property safeguards (hifz mal). In addition, it is in accord with justice principles by John Rawls as the value of the object assures the land owners’ rights receive fair reasonable compensation, and, at the same time, brings them benefits.

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