VACATING LAND THAT IS CONSIGNED TO THE COURT
VACATING LAND THAT IS CONSIGNED TO THE COURT
Vacating land that has been deposited in court is an important step in the process of land acquisition for public interest. According to PP 19/2021 Article 98 and Permen ATR/BPN No. 19/2021 Article 129 (4), if the compensation money has been deposited at the District Court and the entitled party still controls the land acquisition object, the agency requiring the land must submit a request to vacate the land to the District Court in the area where the land acquisition is located.
However, for highly complex projects, this step should be preceded by a good faith negotiation process and transparent legal procedures (due process). The involvement of an independent party such as Komnas HAM in this process is essential to ensure that all steps are conducted fairly and do not raise suspicion from any parties.
An honest negotiation process allows both parties—the entitled party and the agency that needs the land—to reach a fair and satisfactory agreement. This not only reduces the potential for conflict but also speeds up the land acquisition process, allowing the project to proceed as planned.
Additionally, oversight by independent parties such as Komnas HAM helps ensure that the rights of entitled parties are protected and legal procedures are implemented transparently. With this oversight, trust between all parties is maintained, and the potential for abuse of power or injustice is minimized.
In the context of highly complex projects, this approach of fair negotiation and independent oversight is essential to achieving the goal of fair and efficient land acquisition, while avoiding suspicions or disputes that could hinder project implementation.
To ensure there is enough time to perform all of the above, it is necessary to organize the project sequence so that the land still controlled by the rightful party is dealt with at the end of the work sequence.
