A Civil Law Review of the Principles of Justice and Reasonableness in the Determination of Compensation for Land Acquisition for Public Interest

Abstrak

Land acquisition for public interest is a constitutional mechanism through which the state fulfills its obligation to promote public welfare. Nevertheless, the exercise of state authority over land must be balanced with the protection of civil rights, particularly through the application of the principles of justice and reasonableness in determining compensation. This study examines land acquisition for public interest from a civil law perspective, focusing on the fairness and reasonableness of compensation. This research employs a normative juridical approach supported by empirical analysis, using Law Number 2 of 2012 on Land Acquisition for Development in the Public Interest as the primary legal framework. A case study involving land acquisition between the Government of Langsa City and PT Perkebunan Nusantara I is analyzed to assess the practical implementation of these principles. The findings indicate that land acquisition constitutes a civil legal act requiring compliance with the principles of consensualism, good faith, and proportionality. Compensation must be based on objective and professional valuation to ensure justice and reasonableness. However, the examined case demonstrates a significant disparity between government-proposed compensation and independent valuation, reflecting inadequate implementation of these principles. This study concludes that justice and reasonableness in compensation determination are essential to ensuring legal certainty and fairness in land acquisition for public interest.