LAND ACQUISITION FOR PUBLIC INTERESTS DEVELOPMENT: A HUMAN RIGHTS REVIEW

Law Number 2 of 2012 states that the acquisition of land for public interests must be accompanied by adequate and fair compensation, as well as the protection and respect of human rights. However, the construction of the Tebing-Tinggi - Kuala Tanjung Toll Road in Sipare-pare and Pasar Lapan Villages, Air Putih Subdistrict, Batu Bara Regency, Indonesia, exemplifies how compensation is frequently unfair. This study seeks to determine the suitability of implementing land acquisition using current laws and regulations. The primary data is gathered through interviews with landowners and the Regional Office of the National Land Agency of the Province of North Sumatra. While secondary data are gathered via literature and legal research. The results revealed that the provided compensation did not meet the requirements of Law No. 2/2012, prompting the public to file an objection with the Kisaran District Court.


Introduction
Infrastructure development is the process of fostering economic and national growth in a region. This infrastructure encourages the satisfaction of people's needs by facilitating the mobility of goods and services from various locations. It also plays a significant role in enhancing the worth of labor productivity and goods, access to employment opportunities, etc (Haris, 2009). Therefore, infrastructure development should be distributed evenly throughout all of Indonesia's regions.
North Sumatra is currently the focus of infrastructure development in Indonesia due to its strategic location (near the Strait of Malacca and the State of Malaysia) and abundance of potential natural resources and tourist attractions. In addition, the existence of the Sei Mangkei Special Economic Zone (KEK) , as well as the Kuala Tanjung International and Belawan Ports, increases North Sumatra's potential to become an economic barometer for Indonesia. This has resulted in enormous infrastructure developments, including ports, toll roads, trains, and more.
From Nanggroe Aceh Darussalam to Lampung, the Trans Sumatra Toll Road (later called as JTTS) is one of the infrastructures reportedly being constructed to connect all provinces on the island of Sumatra. It is anticipated that this construction will make the distribution of goods and services to all regions of the island more effective and efficient in terms of cost and time.
It should be noted, however, that the construction of JTTS necessitates the use of land for infrastructure development (Yusrizal, 2017). The government reportedly organized the activities of Land Acquisition for Public Interest (PTKU) by issuing Law and Presidential Regulation Numbers 2 and 71 of 2012 pertaining to Land Acquisition for Public Interest and its developmental implementation), respectively. These regulations stipulate that PTKU activities must be conducted in a humane manner by prioritizing guaranteed fair and adequate compensations for affected landowners. The provision of adequate and fair compensation is recognized as a form of protection and respect for human rights, dignity, and a portion of each Indonesian citizen and population. This is regarded as an application of the humane principles enshrined in Law Number 2 of 2012.
This study investigates the guarantee and protection of human rights in relation to the provision of compensation for PTKU activities in the construction of the Tebing Tinggi -Kuala Tanjung toll road, as part of the JTTS in Sipare-Pare and Pasar Lapan Villages, Air Putih Subdistrict, and Batu Bara Regency. This is intriguing because numerous landowners affected by PTKU activities have objected to the district court in regards to the Land Acquisition Committee's compensation amount.

Research Methods
This is an empirical study because direct interviews are conducted with the North Sumatra Provincial Land Agency (Kanwil BPN Propinsi Sumatera Utara) and PTKU-affected communities. The literature review is also conducted by analyzing the decisions of the Kisaran District Court, which ruled on the landowners' objections. In addition, qualitative analysis is performed on the interview and literature data in order to obtain descriptive-analytic results.
Therefore, the landowners' reasons for rejecting the compensation value established by the land acquisition committee are determined. a. Land acquisition planning for the advancement of public interests is carried out by agencies in response to the need for sites. These agencies drew up land acquisition plans in accordance with RTRW (Regional Spatial Plans) and development priorities outlined in medium-term development, strategic, and government cooperation plans.

An Overview of the Implementation of PTKU in Indonesia
b. Implementation of land acquisition carried out by the Head of the Regional Office of the National Land Agency (BPN) as the chief executor of land acquisition. The membership composition of the land acquisition implementation committee consists of: (i) Officials in charge of land acquisition affairs within the BPN Regional Office; (ii) The head of the local land office at the land acquisition location; (iii) Provincial regional work unit officials in charge of land affairs; (iv) The district head at the location of the land acquisition; and (v) Sub-district head or other names at the location of land acquisition. c. Upon receiving the land acquisition planning document, the governor assembled a team consisting of the regent/mayor, related provincial work units, land requirement agencies, and others. Also, there are a number of tasks to be completed during this stage of preparation, including (i) community notification of development plans; (ii) preliminary data collection on the location of the development plan; (iii) public consultations on development plans; (iv) preparation of a determination of the construction location; (v) public announcement of the determination of the construction location; and (vi) completion of other tasks. (Santoso, 2016) Due to efficiency, effectiveness, geographical conditions, and human resources, it is important to note that the Head of the Regional Office of the National Land Agency can appoint the head of the land office as the chief land acquisition executor. If the head of the land office becomes the chief executor of land acquisition, then those individual forms a land acquisition executor with the same membership as described previously. In addition, during this phase of implementation, a number of activities are carried out, such as: 1) Implementation preparations at this point, the agency requiring land may submit a written request for land acquisition to the head of land acquisition executor with the following attachments: (i) the location determination decision; (ii) land acquisition planning documents; and (iii) initial data of entitled parties and land acquisition objects.
2) Identification and inventory control at this stage, the task force tasked with acquiring land prepare its implementation which includes (i) Agency. This submission is also made within 7 (seven) office working days following the release of rights to the Land Acquisition Object (Zarkasih, 2015 ).

Problems in PTKU'S Activities in Indonesia
The Kisaran-Tebing Tinggi toll road is part of the JTTS, which is intended to connect the provinces of Nanggroe Aceh Darussalam and Lampung on the island of Sumatra. This toll road required an investment of IDR 13.45 trillion, with State-Owned Enterprises responsible for funding (later called as BUMN). This project's BUMN is Hutama Karya Company, which is discovered to be in the construction services industry. The Kisaran-Tebing Tinggi Toll Road section is situated in the L a n d A c q u i s i t i o n F o r P u b l i c I n t e r e s t s D e v e l o p m e n t : A H u m a n R i g h t s R e v i e w Kanun Jurnal Ilmu Hukum M. Haydan Yunhas Purba, Siti Nurahmi Nasution, Vol. 24, No. 1, (April, 2022) land requirement agencies, is also violated due to their absence from the discussions. When the community is summoned to appear before the team, the residents also asserted that the Land Acquisition Committee failed to provide a public appraiser to determine the land's replacement value. Due to its renegotiation during the negotiation process, this is deemed not a good deliberation. This circumstance also disregarded the rights of landowners to express their desires, which is connected to PTKU activities (Syafar et all, 2013).
Meanwhile, the committee only provided residents with envelopes containing information about the Fair Replacement Value per Lot. The contents of these envelopes are to be signed and returned to the committee by the 17th of August 2019, with the organizing committee stating that district court objections may be filed in the event of disagreement. As a result, the majority of residents refused and returned the envelope and its contents to the committee, as the process is viewed as an act of coercion against landowners. This demonstrates that the L a n d A c q u i s i t i o n F o r P u b l i c I n t e r e s t s D e v e l o p m e n t : A H u m a n R i g h t s R e v i e w c. Residents believed that some groups are affiliated with the government, which prompted the majority of constituents to demand special treatment.
In addition, assumptions are made that they required special treatment in land acquisition activities, which is a program of the government they supported in the 2019 election. However, this could not be justified because such a paradigm contradicted the principles outlined in Law Number 2 of 2012.

Human Rights Protection in PTKU Activities
Human rights are inalienable as they are viewed as divine gifts that must be respected, upheld, and safeguarded by the state. The enactment of Law Number 39 of 1999 and Presidential Decree Number 50 of 1993 in Indonesia, which are both concerned with Human Rights and the establishment of its National Commission, provided one form of protection ( also known as KOMNAS HAM). In numerous facets of human existence, including PTKU activities, it is necessary to uphold human rights. In order for affected communities, particularly landowners, to receive fair and adequate compensation, PTKU's activities should also be grounded in human rights principles (Mujibarohan and Kusmiantoro, 2014). In addition, a In addition, paragraph one of Article 28 G of the Constitution of 1945 governed the right to the protection of one's self, family, honor, dignity, and property. According to the provision and interpretation of this article, every landowner whose property is affected by PTKU activity is entitled to fair compensation. This aspect of fairness indicated that the compensation provided is commensurate with the landowner's loss. Regardless of the Tax Object Selling Value (NJOP) of the land, the assessment team and PTKU activity committee should not evaluate prices from a single perspective. However, other factors, such as economic and social considerations, must also be taken into account. (Faturrohim, 2015). For instance, when the land affected by PTKU activities is used for agricultural purposes, the farmer's standard of living tends to decrease or disappear entirely. Therefore, compensation should also take into account the livelihood and well-being of landowners following the acquisition of their source of income (land) for infrastructure development.
Articles 28 H and 37 paragraphs 4 and 1 of the Constitution of 1945, as well as Law Number 39 of 1999, guarantee that each individual has the right to privately owned property that cannot be acquired arbitrarily. In this context, arbitrariness is defined as a violation of the prevailing rules and regulations in the PTKU sector, L a n d A c q u i s i t i o n F o r P u b l i c I n t e r e s t s D e v e l o p m e n t : A H u m a n R i g h t s R e v i e w Kanun Jurnal Ilmu Hukum M. Haydan Yunhas Purba, Siti Nurahmi Nasution, Vol. 24, No. 1, (April, 2022) c. Landowners who object to the stipulated compensation amount will file a variety of legal actions. Therefore, it is necessary to establish a new paradigm for the implementation of PTKU activities in order to accommodate matters such as those described above, as follows: a. Respect and protection of human rights, which are realized through equitable development, expansion of employment opportunities, and alleviation of poverty.
b. Sustainable community productivity, implementation, and development of good governance in an effort to empower the community (Sumardjono, 2008). ). This compensation value should also be equal to or greater than the landowner's actual loss (UNHRC, 2007). In addition, the determination of the compensation value should take into account the impacts resulting from this activity, such as environmental damage. They are: a. Partial or total loss of potential income from land use; b. temporary or permanent loss of means of subsistence.
b. Relocation impacts, such as the distance between the child's workplace, school, and more (Suntoro, 2019). L a n d A c q u i s i t i o n F o r P u b l i c I n t e r e s t s D e v e l o p m e n t : A H u m a n R i g h t s R e v i e w Kanun Jurnal Ilmu Hukum M. Haydan Yunhas Purba, Siti Nurahmi Nasution, Vol. 24, No. 1, (April, 2022)