Dispute Settlement Model of Land Acquisition for Public Interest

: This study aims to analyze obstacles in resolving conflicts over land acquisition for public interest in Pohuwato Regency, as well asformulatethe ideal model for resolving conflicts over land acquisition for the public interest in Pohuwato Regency. This type of research uses empirical research, by using a statutory approach, a conceptual approach, and a case approach. Sources of data used are primary data and secondary data. The data that has been completed is analyzed using qualitative descriptive. Based on the research results that have been described, there are several findings in this study, namely (1)There are obstacles in resolving conflicts over land acquisition for public interest in Pohuwato Regency. The first obstacle is related to legal factors where in terms of legal substance, there is a regulation on the use of consignments as a safe-keeping of compensation private law provisions which shift to public law provisions. And the second obstacle is the determination of compensation, which should be based on an agreement with the land owners, turned out to be unilaterally determined by the Land Procurement Committee. estimate the amount of compensation for the holders of land rights.(2) The ideal model for resolving conflicts over land acquisition for the public interest in Pohuwato Regency, namely the non-adjudication settlement model, namely through deliberation where all parties involved carry outactivities that involve listening to each other, giving and receiving mutual opinions, as well as a desire to reach an agreement on the form and amount of compensation and other issues related to land acquisition activities on a voluntary basis. As well as a settlement model by adjudication or through a court route, where the Court has the authority to decide the amount and form of loss given to the holder of land rights whose rights are affected by land acquisition for development in the public interest..


Introduction
The existence of laws and regulations to provide legal certainty of various problems related to land acquisition for the public interest does not seem to have fully provided problem solving in resolving the increasingly complex land acquisition conflicts for public interest that are occurring in several regions. This is based on the rise of community lawsuits against the local government in the case that the land is included in the procurement area for development. One of the areas experiencing land acquisition problems for the public interest is Pohuwato Regency, which is located in the west of Gorontalo Province.
Pohuwato Regency currently makes regional development the main target in order to make one of the regions in Gorontalo Province to be developed and developed. The development which will later be realized by Pohuwato Regency certainly requires the availability of sufficient land. The availability of this land will later be used in the context of accelerating development, through the legalization of land acquisition for the public interest. Based on data obtained by researchers from the Department of Housing and Settlements of Pohuwato Regency, that in the last 3 (three) years there have been 19 land acquisition projects for development in the public interest, which will be described in the for years on the basis of a Certificate of Land Tenure or SKPT, which is also claimed by the government as a protected forest area.
As a result, the government is reluctant to provide compensation for the acquisition of tens of hectares of land for 28 people who feel that their rights have been harmed.
The conflict over land acquisition for the public interest that occurred in

Problem Statement
The problems above will also never get a solution if each party maintains its argument as an authorized party or has rights. Settlement of land acquisition conflicts can only be resolved by applying the adjudication and non-adjudication models in a fair manner. According to Sarjita (Sarjita 2015), if the settlement of land acquisition conflicts for the public interest through non-adjudication channels such as mediation and arbitration does not get an agreement, then the conflicting parties can take the adjudication route. The adjudication route will provide justice through the resistance system and is coercive to obey the adjudication decision. The output can be a win-lose solution, meaning that someone wins and someone loses. Although the adjudication and non-adjudication models are existing dispute settlement models, they only need to be improved by looking at the obstacles to resolving conflicts that occur in the field with the aim of improving them.
The purpose of this study is to determine the analysis of obstacles in interest. These obstacles come from various factors that influence it, both from the legal factor itself and non-legal factors, which include:

Legal Factors Against Legal Substance
Determining who is the owner of the land affected by the land acquisition activity greatly affects the determination of the amount of compensation and the process of relinquishing land rights for land acquisition activities. This, of course, proves who the owner is can be known based on formal evidence of the holder of the right to the land in question. This evidence is used as a guide for the provision of compensation. Even though in reality those who control the land are not necessarily the holders of rights and sometimes the evidence of the control of rights owned by residents is still 'traditional'.
Therefore, things like the above can be said that often laws and regulations "conflict' with customary law so that it affects the neglect of the law that lives in Interest, this is also often causes disputes when compensation is given, in terms of proving who is entitled to receive it, if the owner of the land is different from the land owner. Because to get compensation, by submitting formal evidence (land certificate). This kind of dispute is also the reason for depositing replacement money This land acquisition activity is entrusted to the District Court (PN)". The regulation regarding who is entitled to receive the form and amount of compensation is very important, because it relates to the rights of the party whose land is used for land acquisition activities, so that compensation is appropriate.
Because the reality is sometimes very different, the one who controls and uses the land may be different from the holder of the right to the land. This is because in the land law, there is physical control and juridical control. That the one who controls physically is not necessarily juridical and vice versa. Therefore, it is related to the form and amount of compensation that often causes problems. That the party occupying/controlling the land is asked to provide formal evidence as your juridical control. Not necessarily though, with the principle that national land law is a law based on customary law, parties as holders of legal rights sometimes even retain control over their land rights, only in the form of letters C. girik, tax returns. And The pattern of dispute resolution in the previous rule, namely Presidential court determines the compensation, with a special procedural law in a short time.
However, the settlement of the compensation does not delay the revocation of rights, meaning that after the presidential decree regarding the revocation of rights, The coercive attitude towards the community without respecting the holders of land rights is clearly felt by the community, because the appeal made by the State does not mean anything when the revocation of rights is carried out by the State, the protection provided by the State is really limited so that development activities for the public interest are impossible for the community to oppose. and it is possible that physical and non-physical conflicts will arise, in this case it seems that the interpretation of the principle of the social function of land rights, in addition to containing the meaning that land rights must be in accordance with the nature and purpose of the rights, so that it is beneficial for the right holder and society in general.
This means that there must be a balance between individual interests and the public interest.that individual interests are recognized and respected in the context of implementing the interests of the community as a whole and finding a balance between the holders of land rights and the interests of the government is not easy to find its true meaning, but the most important thing is to be able to reach an agreement without any settlement in court.
Courts in deciding compensation to feel fair for the holder of land rights.
Certain criteria are applied objectively with predetermined standards. In addition, rights holders need to know the basis for determining the amount of compensation b. The evidence as referred to in paragraph (2) letter b is the only valid evidence according to law and cannot be contested in the future.
The deposit of compensation in the local district court is carried out in the following cases: a. The party entitled to refuse the form and/or amount of compensation based on the results of deliberation or the decision of the district court/Supreme Court, the compensation is entrusted to the local court b. The whereabouts of the party entitled to receive compensation is unknown or c. The object of land acquisition for which compensation will be given, is being the object of a case in court, its ownership is still disputed, has been confiscated byauthorized official or as collateral in the bank. "At the time of the implementation of the provision of compensation and relinquishment of rights as referred to in Article 41 paragraph (2) letter a has been carried out or the provision of compensation has been deposited in the district court as referred to in Article 42 paragraph (1), the ownership or rights to land from the party has the right to be nullified and the evidence of the right is declared invalid and the land becomes land that is directly controlled by the State". This deposit of compensation is clearly a form of coercion on the community to relinquish their rights, the soul of this law is closely related to the revocation of land rights.