PELAKSANAAN GANTI RUGI LAHAN IBU KOTA NEGARA (IKN) NUSANTARA DALAM TINJAUAN HUKUM POSITIF DAN HUKUM ISLAM (STUDI KASUS DI KEC. SEPAKU KAB. PENAJAM PASER UTARA)

Zakaria, NIM.: 21203012111 (2024) PELAKSANAAN GANTI RUGI LAHAN IBU KOTA NEGARA (IKN) NUSANTARA DALAM TINJAUAN HUKUM POSITIF DAN HUKUM ISLAM (STUDI KASUS DI KEC. SEPAKU KAB. PENAJAM PASER UTARA). Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

This thesis departs from a decision that created a new history for the Indonesian nation. This can be seen through the passing of the Law Concerning the New National Capital (IKN). One important aspect of relocating IKN is the availability of land for the construction of the IKN. For IKN purposes, the Government requires a land area of approximately 256,142 hectares and a sea area of approximately 68,189 hectares. So of course this will create several challenges for the government to make this happen, one of which is related to land acquisition which will directly interact with the community. The issue of compensation is the most sensitive component in the land acquisition process. Releasing regarding the form and amount of compensation is often a long and drawn-out process, resulting in a lack of agreement between the parties concerned. One of the areas affected by land acquisition is Sepaku District, North Penajam Paser Regency. Therefore, the authors will explain this through two problem formulations related to the implementation of compensation for land acquisition in Sepaku District and the juridical and normative analysis of the implementation of compensation in Sepaku District. The research used is empirical legal research carried out to analyze the operation of law in society or the implementation of law in certain legal events that occur in society. The approach used in this study is a qualitative approach. This approach is a method of research analysis that produces analytical descriptive data from data obtained from respondents, while the data collection technique is through document study and interviews. The results of the research in this thesis are that the analysis of the implementation of compensation for land acquisition in Sepaku District, North Penajam Paser Regency was carried out in accordance with the procedures in existing regulations, namely by appointing an assessment team through community deliberation. Then the results of the second research, related to the analysis of the implementation of land compensation, indeed there are several problems that exist, from the government's position it has conveyed in accordance with existing regulations, however, from the community side there are still many who are disadvantaged by determining the value of losses accepted by the community. If we reflect on this, both through positive law and Islamic law, compensation for losses must provide a sense of certainty and justice for each party.

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