Balancing Interests in Land Acquisition

Prof. Dr. Maria S.W. Sumardjono, S.H., MCL, MPA is widely recognized as a critical and influential scholar. At the age of 66, she continues to actively contribute to academic discourse. The Professor of Agrarian Law at Universitas Gadjah Mada (UGM), who officially retired in 2014, remains in excellent health and highly productive. On Saturday, 3 October 2015, at Building III Room 3.1.1 of the Faculty of Law UGM, she launched her book entitled “The Dynamics of Land Acquisition Regulation in Indonesia: From Presidential Decrees to Legislation.”

            This 133-page book highlights the central issue of balancing public interests and individual rights in land acquisition practices in Indonesia. Regulations governing land acquisition have continuously evolved and changed in response to increasingly complex challenges in providing land for development purposes, as well as the various obstacles faced by the government. Government policy directions, visions, and missions have clearly influenced the formulation of laws and regulations concerning land acquisition.

            The book explains efforts to achieve this balance through three major legal frameworks governing land acquisition, namely Presidential Decree No. 55 of 1993 concerning Land Acquisition for Development in the Public Interest; Presidential Regulation No. 36 of 2005 concerning Land Acquisition for Development in the Public Interest in conjunction with Presidential Regulation No. 65 of 2006 amending Presidential Regulation No. 36 of 2005; and Law No. 2 of 2012 concerning Land Acquisition for Development in the Public Interest, along with their respective implementing regulations.

            The event was attended by Prof. Dr. Saldi Isra, S.H., LL.M., Director of the Center for Constitutional Studies at Universitas Andalas, who delivered remarks entitled “The Relevance of a Systems Approach in Drafting Legislation.” In addition, the Director General of Land Acquisition at the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency, Prof. Dr. Ir. Budi Mulyanto, M.S., also presented his views under the title “Potential Successes and Challenges in Land Acquisition under Law No. 2 of 2012.” (FH Reporter/Sekar-Lita)

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