The Nature of the Establishment of Land Banks to Provide Legal Protection for the Community from a Legal Certainty Perspective

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Author(s): Desy Nurkristia Tejawati, Slamet Suhartono, Syofyan Hadi

Institution:  Universitas 17 Agustus 1945 Surabaya, Indonesia

Category: Articles, IJMMU, Land, Legal Protection, Legal Certainty, Law

Topics: Land Banking, Legal Protection, Legal Certainty Theory

Abstract: Land banking is a form of government policy providing land for various community development interests. One form of breakthrough to overcome problems related to land acquisition in development is the issuance of Law Number 11 of 2020 concerning Job Creation, which has mandated the establishment of a Land Banking. What is meant by Land Bank is a form of practice of buying or taking over land which will later be developed in terms of which aim to meet development needs. The impact of land bank implementation is land acquisition, which is the basis for land bank infrastructure development by the government. The effect of land bank implementation is land acquisition, which is the basis for land bank infrastructure development by the government. Of course, this land acquisition process will undoubtedly become a new problem if the process turns out to cause legal uncertainty for the community, especially the land owner of the land to be used by the land banking. Based on the above background, a formulation of the problem of the nature of the establishment of land banking in Indonesia and the legal protection for the community in land acquisition activities can be drawn. His research is normative juridical or library law research, which examines existing primary and secondary legal materials, using a statutory and conceptual approach to later categorising and analyzing.

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