Problematika Pemberian GAnti Kerugian Terhadap Tanah Wakaf (Studi Pengadaan Tanah Pembangunan Jalan Tol Semarang - Demak)

Dyah Annas Kusumaningrum, 19283296 (2024) Problematika Pemberian GAnti Kerugian Terhadap Tanah Wakaf (Studi Pengadaan Tanah Pembangunan Jalan Tol Semarang - Demak). Diploma thesis, Sekolah Tinggi Pertanahan NAsional.

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Abstract

The implementation of land acquisition for the construction of the Semarang-Demak Toll Road Section 2 of Demak Regency aims to increase the mobility and productivity of the community, as well as to prevent tidal flooding that occurs along the North Coast of Java Island. The research method used in this research is a qualitative method with a descriptive approach where data collection is carried out in the form of: interviews, observation, documentation, and study studies using informant selection techniques.purposive sampling. The research results obtained show that in the activity of granting compensation there is a separate mechanism for each type of land rights, in Demak Regency the object of land acquisition has various types of rights, namely freehold land; ground the village treasury; government agency land; waqf land; etc. Especially in the provision of compensation for waqf land, it can only be done by swapping (noise) whose mechanism is regulated in PP Number 25 of 2018 concerning Implementation of Law No. 41 of 2004 and Government Regulation Number 19 of 2021 concerning Implementation of Land Acquisition for Public Interests. There are two mechanisms, namely a mechanism for an area of over 5.000 square meters for which the permit application is addressed to the Minister of Religion and a mechanism for an area below 5.000 square meters which is intended for the Provincial Kakanwil Kemenag. There are 83 waqf plots of land acquisition objects in Demak Regency, where there are 4 waqf land plots with an area of over 5,000 square meters located in the Kadilangu Village. The problem of swapping waqf land that occurred in the Kadilangu Village; Kendaldoyong Village; Kedunguter Village; and Sidogemah Village is the difficulty of finding replacement land; delay in the construction of a replacement building; small land value; lack of communication; accidental disputes; and the duration of the application for a rollover permit. Efforts made as a solution to the problems that occur are by issuing decrees; exercising discretion; looking for other replacement land; and improve communication with related parties. Keywords: Land Acquisition, Compensation, Waqf Land, Swapping (Ruislag), Problems

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