Land Procurement for Public Utility Development in Mimika District, Papua Based on Law Number 2 of 2012 Regarding Land Procurement for Public Interest in The Autonomy Era

The development of Papua must also be considered in developing Indonesia because it is a unity in the Bhineka Tunggal Ika series. Thus, equality and justice in striving for the welfare of the people are also important for the people of Indonesia. Pancasila is the foundation of the Indonesian nation, which explains the five principles that have strong power in developing Indonesia towards a “Gotong Royong” society. The fifth precept of justice for all Indonesian people wants to show that this idea is Soekarno's idea of how the people enjoy the justice and welfare that is felt for the community both in the formal and non-formal fields which also leads to " cooperation". Then implement it in the Jokowi era which is to build and develop marginalized areas, from Sabang to Marouke, especially in marginalized and neglected areas. Land acquisition for development is the most complicated, namely if an agreement is not reached between the landowner and the constructing party, while the construction must be carried out. However, activities to meet these demands are faced with the increasingly limited availability of land and an underdeveloped land market. This has led to an uncontrolled increase in land prices, especially in urban areas. This condition also encourages land speculators to seek profit (rent-seeking) on every land transaction. The actions of land speculators often disrupt the smooth allocation of development requiring land, making it difficult to acquire land, especially for the development of public interests and creating a high-cost economy.


INTRODUCTION
Indonesia is the largest archipelagic country in the world consisting of more than 17,000 islands. Among them are five major islands, namely: Sumatra, Kalimantan, Java, Sulawesi, and Papua, and thousands of other small islands. Each of the above islands has different regional conditions, community conditions, culture, and customs. This gives rise to differences in interests between one region and another. Because of these differences in interests, the local government has the authority to regulate its regional affairs to achieve community welfare and services that are closer to the community than the government. The government believes that regional autonomy will be able to optimally fund its own regional expenditures while keeping the central government's budget to a minimum (Tanjung et al., 2021).
The rights, powers, and obligations of the autonomous regions to regulate and manage their government affairs and the interests of the local community by the laws and regulations are called regional autonomy. Regional development is the use of local resources to improve the region's or district's social welfare and improve the human development index (Susanto, 2015). The 1945 Constitution of the Republic of Indonesia, as a written source of Indonesian state law, also regulates regional autonomy. Article 18 of the 1945 Constitution states that, 1. The Unitary State of the Republic of Indonesia is divided into provincial regions and the province is divided into regencies and cities, each of which has a regional government, which is regulated by law. 2. The provincial, district and city governments regulate and manage their government affairs according to the principles of autonomy and coadministration. 3. Provincial, district and city-regional governments have Regional People's Representative Councils whose members are elected through general elections. 4. The governors, regents, and mayors respectively as heads of provincial, district, and city governments are democratically elected. 5. Regional governments carry out the widest possible autonomy, except for government affairs which are determined by law to be the affairs of the Central Government. 6. Regional governments have the right to stipulate regional regulations and other regulations to carry out autonomy and assistance tasks. 7. The structure and procedures for administering regional government are regulated by law. Regulations regarding regional autonomy are further regulated in Law Number 23 of 2014 concerning Regional Government. Article 17 of the Regional Government Law explains that the region has the right to determine regional policies to carry out government affairs that are the authority of the region. The regional autonomy policy is not only related to the goal of realizing community welfare by bringing services closer to the public, encouraging the process of democratization and wider public participation, strengthening regional capacities and responsibilities in solving local problems with all the potential and creativity of the regions. Moreover, often associated to maintain and even strengthen national integration.
In addition, several special regions in Indonesia are special autonomous regions. Special Autonomy is a special authority that is recognized and given to special regions, to regulate and manage the interests of the local community according to their initiative based on the aspirations and basic rights of the community. The Unitary State of the Republic of Indonesia is divided into provincial regions. The state recognizes and respects special or special regional government units that are regulated by law. What is meant by special regional government units are regions that are granted special autonomy.
The regions that are granted this special autonomy are: 1. Province of the Special Capital Region of Jakarta. 2. Special Region of Yogyakarta. 3. Aceh Province.

Papua and West Papua Province
In addition, regarding the Papua Province which is one of several regions that are included in regions that have special autonomy, this is also marked by the existence and issuance of a special regulation that regulates the special autonomy, regulations regarding special autonomy for Papua are regulated in Law Number 21 of 2001, it is stated in the Law that special autonomy is made by taking into account several provisions which of course in this case mainly concern basic matters for the development of a region. Then also regarding the separation which of course explained clearly that in terms of the management of special autonomy, the area on the island of Papua has been divided into several parts, including the Papua Province and West Papua Province.
Based on Government Regulation instead of Law Mimika Regency is an area dominated by Forest with an area of 2,262,901 Ha, Mixed Gardens 484,315 Ha, and Others 294,287 Ha. Land use is also the use of land and the natural environment to meet human needs and the implementation of their lives. The definition of land use is usually used to refer to present or current land use. Land cover that describes the vegetation and artificial covering the land surface. The construction is entirely visible directly from remote sensing imagery. Three general classes of data are included in land cover; physical structures built by humans, biotic phenomena such as natural vegetation, agricultural land, and animal life, and types of development. In general, the land use in Mimika Regency is dominated by primary forest with an area of 12,076, The development of urban areas in Mimika Regency with the proposed reclamation utilizing mangrove forest land with an area of 8,377.64 Ha. The land use in Mimika Regency is by its designation, which consists of housing and residential areas, public buildings, swamps, gardens, mines, forests, agriculture, and others.
As is known, the land available in Mimika Regency is mostly the land owned by the local community or what we often call layout land. Ulayat land island with the members of the customary law community concerned. The right of control over the land of the customary law community is known as the Ulayat Rights. Customary rights are a series of authorities and obligations of a customary law community, which relate to land located within its territory. UU no. 5 of 1960 or the Basic Agrarian Law (UUPA) recognizes the existence of layout rights. The acknowledgment is accompanied by 2 (two) conditions, namely regarding its existence and its implementation. Based on article 3 of the UUPA, customary rights are recognized "as long as in reality they still exist".
Article 6  function. This means that any land rights that exist in a person, it cannot be justified that the land will be used (or not used) solely for his interests, especially if it causes harm to the community. The use of land must be adapted to its conditions and the nature of its rights so that it is beneficial for the welfare and happiness of those who own it and for the community and the state.
In addition, the land in Mimika Regency is partly forest land, the forest lands are then converted into physical development land in Mimika Regency such as housing, roads, facilities, and other public utilities.
The conversion of forest area functions is indeed permitted by law. There are only rules. Article 19 paragraph (1), Law no. 41 of 1999 concerning Forestry, states that changes to the allocation and function of forest areas are determined by the government based on the results of integrated research. However, carrying out it cannot be done arbitrarily, because it will cause significant changes in biophysical conditions such as climate, ecosystems, and water arrangements.
Based on the explanation above, it can be observed that land acquisition for development in Mimika Regency is an important aspect in its development for the public interest and community welfare, especially when it is associated with Law no. 2 of 2012 concerning Land Procurement for Public Interest, but on the other hand, must always pay attention to environmental safety and community rights. Then in its implementation, it is possible to encounter obstacles and problems, these problems can arise from several aspects, both from community turmoil, local governments, and related regulations, so it will be interesting to study furth

METHOD A. Research methods
This research method uses qualitative methods, namely describing facts with primary, secondary, and tertiary legal materials. Primary legal materials are legal materials that are authoritative (have authority), primary legal materials are binding legal materials in the form of norms or basic rules as contained in the legislation. The primary legal materials used for this research include the 1945 Secondary legal materials are all publications on a law that are not official documents that can help analyze and understand primary legal materials in the form of research results, writings by experts in the field of law both nationally and internationally, as well as scientific journals obtained through library studies. related to the criminal justice system. Tertiary legal materials, namely legal materials that provide instructions and explanations for primary and secondary legal materials, such as legal dictionaries. or encyclopedia.

B. Types of research
The type of research used is empirical normative research. Empirical normative legal research is legal research regarding the application of normative legal provisions (codifications, laws, or contracts) in action on certain legal events that occur in society (Muhammad, 2004). Normative legal research is an approach that is carried out based on the main raw materials, examining theoretical matters concerning legal principles, legal conceptions, views, and legal doctrines, regulations, and legal systems using secondary data, including principles, rules, norms, and legal rules contained in laws and regulations and other regulations, by studying books, laws and regulations and other documents closely related to research (Soekanto & Mamudji, 2011).
Empirical legal research is carried out by examining directly in the field to see firsthand the application of legislation or legal rules related to law enforcement, as well as conducting interviews with several respondents who are considered to be able to provide information regarding the implementation of law enforcement.

C. Research Approach
The research is supported by methods of legal interpretation, legal construction, legal philosophy, legal The interpretation method used is systematic, authentic, and teleological interpretation. The method of systematic legal interpretation, namely the meaning of the formulation of a legal rule or the meaning of a term in it, is further determined by referring to the law as a system. The method of authentic interpretation is in the form of interpretation of words, terms, and understanding in the laws and regulations that have been previously determined by the legislators. Teleological interpretation is if the meaning of the law is determined based on social objectives.
The legal construction method is used to find the concept, scope, substance, and boundaries of the formulation of land acquisition arrangements for the public interest. The comparative law method is used to obtain legal comparisons regarding the formulation of the concept of land acquisition for the public interest that applies in other countries in the world, as well as to review its practical implementation and can be the basis for whether or not the concept is adopted in the legal system, invitation in Indonesia. Then the juridical (normative) aspect is carried out by taking an inventory of the various rules, norms, and legal principles that exist.

D. Data Collection and Processing Techniques
The data used in this journal research, namely primary and secondary data, given that the research method used is normative-empirical research, the use of primary and secondary data is the main data in this study. Meanwhile, related to the legal materials used, both primary legal materials, secondary legal materials, and tertiary legal materials are used. Primary Legal Materials collected include the order of applicable laws and regulations related to the regulation of the criminal justice system. Secondary legal materials in the form of books, research results, journals, and papers that have been made by experts, including primary documents that have been processed. Tertiary Law materials in the form of encyclopedias and laws. search with library research techniques, Then the processing of the data that has been obtained is carried out by systematizing and structured properly to support the focus of the research and checked objectively and its validity, so that the data obtained and processed do not cause confusion and doubt about the truth obtained in the research process.

E. Data analysis technique
The data analysis technique is a method used to study, and process certain groups of data so that concrete conclusions can be drawn about the issues studied and discussed. The data in this study were analyzed objectively based on existing juridical references to obtain answers to the problems. In analyzing the data, the authors carried out the stages: data collection, data presentation, and concluding.

A. Land Acquisition in the Special Autonomous Region
The term "land acquisition" was first recognized legally since the issuance of Presidential Decree No. 55 of 1993 concerning Land Procurement for the Implementation of Development in the Public Interest. Land procurement is any activity to obtain land by providing compensation to those entitled to the land. In Presidential Regulation Number 36 of 2005 instead of the Presidential Decree above, it is stated that land acquisition is any activity to obtain land by providing compensation to those who release or surrender land, buildings, plants, and objects related to land or by revocation of rights. over the ground. Then Presidential Decree No.
Authority of Government Agencies in terms of land procurement for the implementation of development in the public interest constitutionally included the concept of the right to control the state in Article 33 paragraph (3) of the 1945 Constitution which reads "Earth, water and natural resources contained therein are controlled by the state and used for the greatest prosperity of the people". From these provisions, it can be seen that the use of the earth (land), water, and natural resources contained therein by the state is used for the prosperity of the people. In terms of public interest, according to (John Salindheo, 1988)"Public interest includes the interests of the nation and the state and the common interests of the people, taking into account social, political, psychological, and national defense aspects based on the principles of national development by validating national resilience and insight into the archipelago" (John Salindheo, 1988).
Furthermore, land rights are rights that give authority to those who have the right to use or take advantage of the land they are entitled to. The definition of land rights is different from the definition of agrarian. Agrarian rights consist of three things, namely land rights, mortgage rights, and other agrarian rights. In the provisions of Article 2 of Law Number 32 of 2004 concerning Regional Government, it is determined that Regional Governments carry out regional rights, powers, and obligations to regulate and manage government affairs themselves according to the principle of the widest possible autonomy and assistance tasks to improve public welfare, public services,

B. Land Acquisition Practices in Mimika
Law No. 2 of 2012 in Article 1 point 10 has formulated compensation as a proper and fair compensation to the rightful party in the land acquisition process. Compensation as an effort to realize respect for the rights and interests of individuals who have been sacrificed for the public interest can be called fair, if it does not make a person richer, or vice versa becomes poorer than the original situation (Sumardjono, 2007).To feel fair for the rights holders, certain criteria should be applied objectively, with predetermined standards. In addition, the final determination of the amount of compensation must be reached by deliberation between the right holder and the agency requiring the land. For buildings, the estimated compensation should take into account the costs incurred for repairs as necessary, after the announcement of the land acquisition. Meanwhile, according to Government Regulation Number 19 of 2021 concerning the Implementation of Land Procurement for Development in the Public Interest, the term compensation is clearly explained in Article 1 paragraph 12 where this term has the meaning of proper and fair compensation to the Entitled Party, managers and/or users of goods in the Land Procurement process. In the PP in Article 6 paragraph 9, it is also explained about the estimated value of Compensation for land objects where this include: (Government of the Republic of Indonesia 2021) 1. Land. 2. Upper Grounds and Dungeons. 3. Building. 4. Plant. 5. objects related to land; and. 6. other losses that can be assessed.
The policy regarding the provision of compensation is not limited to replacing the value of land, buildings, and plants, but should also include an assessment of immaterial losses and losses that arise, such as business activities, due to displacement to other places, the number of customers and reduced profits (Harsono, 2004). The term compensation or compensation is usually used in the civil sector, whether it is regarding breach of promise (default), violations of law, or in the field of compensation for losses. In connection with the term above, R Setiawan, SH once said that compensation can be in the form of replacement rather than achievement, but can stand alone in addition to achievement (Setiawan, 1987 Interest, Compensation is a proper and fair compensation to the rightful party in the land acquisition process. A debtor has been warned firmly and has been billed for his promise if he still does not carry out his achievements, he is declared negligent or negligent and he is given sanctions, namely compensation, cancellation of the agreement and transfer of risk. Likewise, he stated that the insurance law is an agreement, wherein the insurer receives a premium with the ability to compensate for the loss of profits borne or that may be suffered as a result of certain (Subekti, 1985).
Thus, if it is seen from the opinion as mentioned above that the compensation claim can only be stated in money. And then the question arises what is meant by the definition of compensation? The term compensation usually occurs as a result of breaking promises and breaking the law. In fulfilling the obligation performance lies with the debtor so that if the debtor does not carry out the obligation, not because of coercive circumstances, then the debtor is declared negligent. There are three types of broken promises, namely; 1. Does not meet performance. 2. Late for performance. 3. Fulfilling performance is not good. (Setiawan, 1987) In Article 15 paragraph (1a) as mentioned above, the author describes John Salindeho's opinion regarding the understanding of the basic price and local general price for land affected by land rights acquisition. Because it says the base price or NJOP, it must be the basis for determining the price of land/compensation for land. While the local general price is defined as a land price that is generally available in the context of land transactions in a place (Salindheo, 1988).
It can be said that the local general price or market price is the result of the average selling price at a certain time, while place means that an area/location within a district/city may vary according to the condition of the land, the basic price growing from and rooted in local general prices, reviewed the general price for the year. In connection with this, it is necessary that ownership rights to the required land are released by the owner after he receives compensation from the party who made the liberation, the compensation is of course the same as the actual land price (Harsono, 2004). Thus, it is clear that the meaning of compensation money is the same as the price of land.
From this description, the substance of compensation must be based on, among others; a. Based on the legal product of a ruling that is regulating. b. Compensation can only be paid after the final decision of the deliberation is obtained. c. Includes plots of land, buildings, and plants calculated based on agreed benchmarks. d. The form of compensation: money and/or land replacement and/or resettlement, combined or other forms agreed by the parties. Meanwhile, when referring to Government Regulation Number 19 of 2021, it is known that the Compensation assessed by the Appraiser or Public Appraiser is the value at the time of the announcement of the Determination of Development Locations for the Public Interest by considering the waiting period at the time of payment of Compensation. Then the amount of the compensation value is a single value for parcels per plot of land where in terms of the amount, in this case, the amount of compensation value is based on the results of the assessment carried out by the appraiser by the sale value of the tax object in the area wherein this case the appraisal given by the appraiser is final and binding. If the amount of Compensation is based on the results of the appraisal by the Appraiser, it is submitted to the chief executive of the Land Procurement with an official report on the submission of the results of the appraisal. Then in this case the amount of compensation is used as the basis for deliberation to determine the form of compensation. If there is a residual plot of land affected by the Land Procurement, which can no longer be functioned according to its designation and use, the Entitled Party may request a replacement for the parcel of land. If the remaining land area is not more than 100 m 2 (one hundred square meters) and cannot be used, compensation can be given. . is a proper and fair compensation to the rightful party in the land acquisition process. Non-physical losses include the loss of a job, line of business, source of income, and other sources of income that have an impact on a decrease in a person's level of welfare (Sumardjono, 2007 2) The selling value of the building is estimated by the regional apparatus responsible for the development sector; 3) The selling value of the plant is estimated by the regional apparatus responsible for agriculture. b. To determine the basis for calculating compensation, the Land Price Appraisal Agency/Team shall be determined by the Regent/Mayor or Governor for the Province of the Special Capital Region of Jakarta. Meanwhile, land procurement for public interest with an area of less than one hectare according to the Regulation of the Head of the National Land Agency Number 3 of 2007 Article 59 paragraph; 1) The form and/or amount of compensation for land acquisition is directly determined based on deliberation between government agencies requiring land and the owner.
2) The deliberation as referred to in paragraph (1) can be guided by the NJOP or the real value by taking into account the current year's NJOP in the vicinity of the location. In Article 15 paragraph (1a) as mentioned above, the author describes John Salindeho's opinion regarding the understanding of the basic price and local general price for land affected by land rights acquisition. Because it says the base price or NJOP, it must be the basis for determining the price of land/ compensation for land. While the local general price is defined as a land price that is generally available in the context of land transactions in a place (Salindheo, 1988).
It can be said that the local general price or market price is the result of the average selling price at a certain time, while place means that an area/location within a district/city may vary according to the condition of the land, the basic price growing from and rooted in local general prices. , reviewed the general price for the year. In connection with this, it is necessary that ownership rights to the required land are released by the owner after he receives compensation from the party who made the liberation, the compensation is of course the same as the actual land price (Harsono, 2004). Thus, it is clear that the meaning of compensation money is the same as the price of land.
From this description, the substance of compensation must be based on, among others; a. Based on the legal product of a ruling that is regulating. Then the amount of the compensation value is a single value for parcels per plot of land where in terms of the amount, in this case, the amount of compensation value is based on the results of the assessment carried out by the appraiser by the sale value of the tax object in the area wherein this case the appraisal given by the appraiser is final and binding. If the amount of Compensation is based on the results of the appraisal by the Appraiser, it is submitted to the chief executive of the Land Procurement with an official report on the submission of the results of the appraisal. Then in this case the amount of compensation is used as the basis for deliberation to determine the form of compensation. If there are residual land parcels affected by the Land Procurement, which can no longer be functioned according to their designation and use, the Entitled Party may request a replacement for the parcel of land. If the remaining land area is not more than 100 m 2 (one hundred square meters) and cannot be used, compensation can be given.
Government responsibility is an act of the policy process to do something related to the implementation of political and economic policies with the intervention of various interests. The government's responsibility is seen from the purpose of land acquisition. Compensation is the fulfillment of the psychological needs of every indigenous people so that it answers what is a concern with the uncertainty of compensation that has not arrived, for customary lands for which compensation has not been received for a certain period. The implementation of the expected responsibilities of the Regional Government is the implementation of Good Governance. Through good governance, it is hoped that there will be participating in the implementation of accountability and transparency in the administration of local government.  (2) above has been given compensation in the amount of Rp. 2,500,000,000,-(Two billion five hundred million rupiah) as proof of Payment receipt dated December 22, 2008. the north is bordered by the river, the south is bordered by the sea, the east is bordered by the sea / the west is bordered by customary land as referred to in point (2) above. Compensation of Rp. 2,500,000,000,-(Two billion five hundred million rupiah) as proof of Payment receipt dated December 22, 2008. the north is bordered by the river, the south is bordered by the sea, the east is bordered by the sea / the west is bordered by customary land as referred to in point (2)   In the context of realizing a just, prosperous, and prosperous society based on Pancasila and the 1954 Constitution, the Government needs to carry out development, one of which is developed for the public interest. The development for the public interest requires land whose procurement is carried out by prioritizing the principles contained in the 1945 Constitution and the national land law, including the principles of humanity, justice, benefit, certainty, openness, agreement, participation, sustainability, and harmony by values. -the values of the nation and the state.
National land law recognizes and respects community rights to land and objects related to land, as well as grants public authority to the state in the form of the authority to regulate land acquisition for development in the public interest. regional spatial plans, national/regional development plans, strategic plans, and work plans for each agency requiring land.
The implementation of land acquisition must pay attention to the balance between the interests of development and the interests of the community and is carried out by providing appropriate and fair compensation. The Government and/or Regional Government guarantees the availability of land for the public interest, including the availability of funding for the public interest, and people who have the right to receive and have received compensation money are obliged to relinquish their land rights or based on a court decision that has