Legal remedies for land rights affected by acquisition to the construction of permanent housing fulfilling the need for post-earthquake shelter in Palu

Basically, the state has the authority to regulate the use of land rights in the territory of Indonesia. However, the problem that often occurs is the disagreement between the Land Acquisition Committee and the holders of land rights in determining the amount of compensation, resulting in problems such as what happened in Palu after the earthquake which flattened housing buildings and required a plot of land for housing construction. Therefore, the aim of this research is to explore legal efforts for land rights that are affected by the acquisition for the construction of permanent housing to meet housing needs after the earthquake in Palu. The research method that used is legal research, while the approach that used in this research is statute approach. The results of data analysis shows the legal action of land rights holders that are affected by land acquisition for the construction of permanent housing by means of certificate cancellation, the cancellation of the certificate is based on law. Land acquisition for the public interest, including the interests of the nation and the State as well as the common interest of the people, can revoke land rights by giving compensation.


Resumen
Básicamente, el estado tiene la autoridad para regular el uso de los derechos sobre la tierra en el territorio de Indonesia. Sin embargo, el problema que ocurre a menudo es el desacuerdo entre el Comité de Adquisición de Tierras y los titulares de los derechos territoriales en la determinación del monto de la indemnización, lo que genera problemas como lo sucedido en Palu después del terremoto que arrasó edificios de viviendas y requirió un terreno. para la construcción de viviendas. Por lo tanto, el objetivo de esta investigación es explorar los esfuerzos legales por los derechos territoriales que se ven afectados por la adquisición para la construcción de viviendas permanentes para satisfacer las necesidades de vivienda después del terremoto en Palu. El método de investigación que se utilizó es la

Introduction
According to (Weiler, 2013) state has the authority especially in making the regulation, planning with control over tenure and ownership of land rights. This authority is contained in Article 2 of the UUPA (Basic Agrarian Law Act) that the state's authority to control land rights is obtained because not all land problems can be resolved by the community, so the right of state power to land are complementary on the land rights controlled by the community (Ocheje, 2007). The authority right from state based on the Article 16 Paragraph (1) UUPA, includes property rights, right to cultivate, right to build, right to use, right to lease, right to open land and other rights. The authority right gives authority to use the land in the boundary in accordance to the laws and other higher legal regulations (Ismail, 2019).
In carrying out a takeover of a company, there are several main things that must be taken into account by the acquirer, such as: the selection of the form of acquisition to be carried out by looking at the characteristics of the existing acquisition characteristics, the selection of the form and source of acquisition spending, the assessment of the target company and also the legal aspects of the plan (Farlianto, 2014). Acquisition is an alternative strategy compared to building a new company, because the construction of a new company does not only require large funds and takes a long time but also a significant failure factor (Utami, 2015).
Based on the research that conducted by (Syaichu, 2006) mergers and acquisitions will result in shareholder welfare by obtaining a positive abnormal return for both the acquirer and the acquired company, if both companies have specialized strategic value resources. To meet the gap in resources and capabilities, companies can select factor markets, internal developments, cooperation, mergers and acquisitions (Capron, L., Dussauge, P. and Mitchell, 1998). The research have been conducted by (Arief & Putra, 2018) state the research presents a systematic analysis using the normative-empirical method for various cases of land acquisition by reviewing it based on a conceptual approach, which is seen from the viewpoint of the Law Number 5 Year 1960 and of the concept of the Theory of Justice from Rawls. The result states that the research analysis lead researchers to Compulsory Rehabilitation and Resettlement as a solution that is considered to be able o realize justice as fairness in the concept of humanitarian and equitable land acquisition, so it can be a concrete effort to realize social welfare for all Indonesian people.
Regarding the limits on the use of rights between the holders of land rights and the land parcels, in the Article 18 UUPA called that for the public interest including the interest of citizen and state with the common interests of the people, the land right can be repealed with giving the compensation that is appropriate and according to a manner regulated by law. The regulation inside the Article 18 UUPA including third things which is: 1) the public interest is including the citizen and state interest with common interests of the people, 2) the land right can be repealed, 3) with giving the appropriate compensation and according to the way which is regulated by law.
According to (Zhai, 2019) land acquisition for public interest is never succeed. As it desired by the formation of laws and regulations, and the last one was published is Constitution No. 2 of 2012 which implementation regulation stipulated with the PP (Presidential Decree) No. 71 of 2012 concerning with Implementation of Land Acquisition for Development for Public Interest (Article 59 Constitution No. 2 of 2012) which determine the further provisions concerning the land acquisition implementation for the public interest development is regulated by a Presidential Regulation. The promulgation of several laws and regulations on land acquisition as the proof that the problem is the appropriate compensation, there is no agreement between the right holders with the land institution which acts as the organizer of land acquisition (Sari et al., 2020).
Land acquisition process for the public interest based on Law No 2 of 2012 is one of the development efforts within the national development framework held by the government at this time by organizing land acquisition for public interest whose purpose is to provide land for the implementation of development to improve welfare and the prosperity of the nation, state and society. Land acqusition is an activity of providing land by giving proper and fair compensation to the rightful party (Nebula et al., 2019).
The other problem which is the land acquisition for development for public interest is often experienced the obstacle especially related with the determination of the amount of compensation, because related to the determination from amount of land acquisition compensation for development in order to public interest, although several regulation of law has made, but the fact is not giving the solutions. In determining the amount of compensation, there is a lot of disagreement between the Land Acquisition Committee of the Land Agency and the holders of land rights, resulting in problems as happened in Palu after the earthquake which flattened housing buildings requiring land parcels for housing construction.
For this reason, land acquisition, of course, the community muts have a sense of sincerity if the land has been included in development activities. However, the government must provide compensation for communities affected by regional development (Utomo, 2020).
According the research that have been conducted by (Endy Agustian, 2017) stated that local governments sometimes help the developers, but the developers have difficulty in particular section permits the acquisition of development principles at a location due to government bureaucracy and complex rule. Based on the economic aspect, land prices are cheap and profitable and they become the reasons for choosing the location of residential developers.

Methodology
This research is legal research, the legal research is an process to find the regulation of law, law principal, or law doctrines in order to answer the law issue that faced which is the legal protection of land holder causes the publication of due to the issuance of a certificate on behalf of the developer. The approach that used in this research is statute approach implemented with review all laws and regulations which concerning with the law issue that is being handled. Between the law and regulation: 1) UUPA, 2) PP No. 24 of 1997, 3) PP No. 37 of 1998, 4) the Law of Head of Regional Office of the National The legal material collected through study laws and regulations or literarture related to the analyzed material. Then, in the Table 1 shows the procedure of data collection.

Conclusion and Suggestion
Source: Authors.
In the Figure 1 shows that the explanation which focuses to the legal remedies by the holders of land rights that are subject to liberation for the construction of permanent housing with the steps of certificate cancellation. This is aimed to answer the problem of the legal effort which implemented by the land right ownership holder which affected the exemption for the construction of permanent housing by means of cancellation of the certificate.

Land Acquisition for Public Interest and Compensation
The certificate is the letter of proof of rights which is valid as a strong means of proof related the physical and juridical data contain as long as the physical data and juridical data are in accordance with the data contains in the measurement letter and the relevant land title book (Friedman, 1975) (Friedman, 1975). burden them (Friedmann, 1972).
When observed, the provisions of Article 32 paragraph (1) PP (Governmental Regulations) No. 24 of 1997 there are some weaknesses, namely the state does not guarantee the accuracy of the physical data, juridical data presented and there is no guarantee for the certificate owner because at any time he will get a lawsuit from other parties who feel aggrieved for the issuance of the certificate. However, from the start it seems that the founders have realized it, and finally equipped with Article 32 paragraph (2) which states that: In the event that a land parcel has been issued a certificate legally in the name of the person or legal entity that acquires the land in good faith and actually controls it, then the other party who feels that he has rights to the land can no longer demand the exercise of that right if within a period of time. 5 (five) years after the issuance of the certificate, there is no written objection to the certificate holder and the Head of the Land Office concerned or does not file a lawsuit to the court regarding land control or the issuance of the certificate. It can be analyzed that from the regulation above the elements is: 1) the certificate is issued legally in the name of a person or legal entity; 2) land is acquired in good faith; 3) the land is controlled in real terms; 4) Within five years of the issuance of the certificate, no one has submitted a written objection to the certificate holder and the Head of the local Regency or City Land Office or to the Court regarding land control or the issuance of the certificate.
If the land dispute in Indonesia, especially dispute in vertical which is between community with government so the policy or regulation which made by government are the important factor in the effort to solve the dispute which often on behalf of the community or the public interest which neglects the private rights of the community itself. The other problem is competency of justice which has task to solve the claim for cancellation of the land rights, what will be become the competency of District Court or the State Administrative Court (hereinafter referred to PTUN).  Concrete means that the object has decided in the decision is not abstract, but tangible, certain or determinable. In the other words, the form of decision can seem visible. The element is individual means that Decree of TUN is not intended for the public, but certain both the address and the destination. If the destination is more than one so each individual must written the name in the decision. The element is final means that the decision has definitive, the decision is no more needed the permission from superior agencies or other agencies, because this decision may have legal consequences. In connection with an illegal act, it is known that there is an illegal act committed by the authorities, which results in a claim for compensation. This narrow definition of illegal acts is influenced by the teachings of legism, namely that there is no law outside the law. This is consistent with what (Ding, 2007) Ding (2007 states that acts against the law before the year are defined "narrowly, namely violating statutory regulations". The Governor and the Regional Office of the Central Sulawesi BPN that canceled the certificate, even though it was for development of the public interest, was not accompanied by compensation as stated in Article 18 of the UUPA, so that the element of having to violate the law had been fulfilled. 1) There must be an error. Regarding mistakes in acts against the law, Article 1366 of the Civil Code, determines as follows: "Everyone is responsible, not only for losses caused by actions, but also for losses caused by negligence or carelessness". The Civil Law does not distinguish between "deliberate errors and inadvertent errors". This is in accordance with (Leonora & Ghansham, 2018) that "mistakes are stated as a general meaning, can include intentional or negligent". Mistake, whether done on purpose or because of negligence, have the same weight by considering that both the mistake and the intention are fulfilled that there is an error committed by one of the parties. The Governor concerning Cancellation of Rights Certificates, which means that the cancellation of the certificate is intentional, so that the element must have an error has been met.
2) There must be a loss element. Regarding the loss of (Leonora & Ghansham, 2018) that "different from losses due to default which are only about material losses, the losses in illegal acts in addition to material losses, as well as immaterial losses, which can be valued in money". Material and immaterial losses are described in acts against the law, "can be in the form of material losses and can be in the form of immaterial losses". Losses in material form, namely losses whose amount can be calculated, while immaterial losses, the amount cannot be calculated. The cancellation of the land title certificate, without being accompanied by compensation as referred to in Article 18 of the UUPA, means that the elements that must have losses incurred have been fulfilled.
3) There is a causal relationship between actions and losses. The existence of a causal relationship or causal relationship means that the loss suffered is caused from an illegal act committed by the perpetrator. Regarding the element of a causal relationship between illegal acts and losses, (Leonora & Ghansham, 2018) argue that "the problem of causal relationships must be based on the teaching of "adequate". According to this theory, "there is a causal relationship if loss according to proper experience is a result that can be expected to arise from the act against the law". Regarding the adequate theory, it is further explained as follows: "A new thing can be called the cause of an effect, if according to community experience it can be assumed, that cause will be followed by the effect". This means that if there is a cause but does not cause a loss, or a loss occurs but is not caused by the perpetrator, then it cannot be said that there is a causal relationship between the act and the loss incurred. Losses suffered by holders of land rights whose certificates Based on the explanation above, related to the land right legal protection of land rights holders whose land has been taken by the government without compensation can be explained that based on the provisions of Article 18  Moreover, the land rights holder whose certificate is canceled without compensation, can defend their rights by suing the cancellation of the state administrative decision to the State Administrative Court, or can also sue for compensation on the basis that the authorities have committed an unlawful act as referred to in Article 1365 of the Civil Code.

Conclusion
The decision of this research can be explained as follows: a. The action of Kanwil BPN No. 94/SK-72.MP.01.03/X/2019 concerning to the cancellation of Rights Certificates in accordance with the principle of land acquisition for development in the public interest, that the act of cancelling land title certificates on the grounds of public interest is contrary to Article 18 of the UUPA, because even though it is for the public interest, including the interests of the nation and the State as well as the public interests of the people, land rights can be revoked, by providing appropriate compensation and according to the manner regulated by law.
b. The effort from law of the holder of land rights that is subject to liberation for permanent residential development by means of cancellation of the certificate, that the cancellation of the certificate is based on law. Land acquisition for the public interest, including the interests of the nation and the State as well as the public interest of the people, can revoke land rights by giving compensation. Land acquisition without compensation, the right holder can defend his rights by suing the cancellation of the state administrative decision to the State Administrative Court, or can also sue for compensation on the basis that the authorities have committed an unlawful act as referred to in Article 1365 of the Civil Code.