Mekanisme Pengadaan Tanah Bagi Pembangunan untuk Kepentingan Umum (Berdasarkan PP No. 19 Tahun 2021)

Summary

This video explains the four-stage land acquisition process for public development in Indonesia, based on Government Regulation No. 19/2002. It focuses on the first two stages: **Planning** and **Preparation**. In the **Planning** stage, agencies requiring land prepare a comprehensive document, including land details, budget, and timelines. In the **Preparation** stage, a team is formed to inform and consult the public, resolve objections, and finalize land location decisions. These stages ensure transparency and stakeholder involvement before moving to the **Implementation** and **Delivery of Results** phases.

Takeaways

• 😀 The land procurement process for public interest development in Indonesia involves four stages: planning, preparation, implementation, and handover.
• 😀 The planning phase requires agencies to prepare planning documents, which should align with spatial planning documents and national or regional development priorities.
• 😀 The planning document must contain at least 11 sections, including land usage, location, land size, and compensation preferences, among other key details.
• 😀 The planning document is submitted to the governor, mayor, or regent, and is valid for two years once approved.
• 😀 The preparation stage begins with the governor forming a preparation team that includes local authorities and other related agencies.
• 😀 The preparation team is responsible for tasks such as public notifications, location data collection, and public consultations regarding the proposed development.
• 😀 Public consultations aim to gain agreement on the project location and discuss compensation, the role of affected parties, and the development timeline.
• 😀 If disagreements arise during consultations, a second round of public consultations may be conducted, and unresolved issues can be reviewed by an objection review team appointed by the governor.
• 😀 Once a public consultation agreement is reached, a location determination request is submitted to the governor, followed by an official decision on the location of the development.
• 😀 The decision on the location is publicly announced, including details about the land area, development goals, estimated timeline, and compensation plans.
• 😀 The governor has the authority to delegate certain responsibilities to the mayor or regent, particularly in terms of managing preparation tasks.

Q & A

What is the purpose of Government Regulation No. 19 of 2002 regarding land acquisition?

The regulation provides the legal framework for land acquisition for public development purposes in Indonesia, ensuring the process is systematic, transparent, and fair to all parties involved.

What are the four stages of land acquisition according to the regulation?

The four stages of land acquisition are: 1) Planning, 2) Preparation, 3) Execution, and 4) Transfer.

What is involved in the Planning stage of land acquisition?

During the Planning stage, the agency requiring land prepares planning documents in consultation with the National Land Agency (BPN). These documents must be aligned with spatial planning and development priorities and include details such as land location, size, compensation plans, and estimated costs.

Who approves the planning documents in the Planning stage?

The planning documents are submitted to the Governor, Regent, or Mayor for approval. Once approved, the documents are valid for two years.

What happens during the Preparation stage of land acquisition?

The Preparation stage involves forming a team comprising local authorities and relevant agencies to carry out activities such as notifying the public, collecting initial data on the land, conducting public consultations, and setting the location for the land acquisition.

What is the role of public consultations in the Preparation stage?

Public consultations provide an opportunity for stakeholders, including landowners and affected communities, to give feedback on the proposed development and land acquisition. If disagreements arise, further rounds of consultation can be held to reach a consensus.

What happens if there is a dispute during public consultations?

If disagreements persist during public consultations, the issue can be escalated to a special review team formed by the Governor to resolve the objection and ensure the process continues.

What is the outcome of the Preparation stage?

At the end of the Preparation stage, the Governor issues a decision on the land location, which is then communicated to the relevant authorities and made public through notifications.

What agency is responsible for carrying out the Execution stage of land acquisition?

The Ministry of Agrarian Affairs and Spatial Planning (ATR/BPN) is responsible for executing the land acquisition process during the Execution stage.

What is the final stage of land acquisition, and what does it involve?

The final stage is the Transfer stage, where ATR/BPN transfers the acquired land to the agency that requires it for public development purposes, completing the land acquisition process.