JURIDICAL REVIEW OF LAND STATUS SETTLEMENT AFFECTED BY THE NATURAL DISASTER LIQUEFACTION IN BALAROA SUB-DISTRICT, PALU

Abstract

On September 28, 2018, Palu City experienced a liquefaction disaster, a shift in land and a change in geographical shape had a negative impact on the community. Land liquefaction due to natural disasters that occurred in 2018, there are several circumstances that can cause problems with the status of land rights, for that guarantees of certainty and effective legal protection by the government will provide a strong legal basis. The type of research used by the author in compiling this research is empirical juridical research. Empirical juridical research, which is meant in other words, is a type of sociological legal research and can be referred to as field research. The Basic Agrarian Law as contained in the provisions of Article 33 paragraph (3) of the 1945 Constitution, namely: "Earth, water and natural resources contained therein are controlled by the State". Article 6 of Law No. 24 of 2007 reads, disaster risk reduction and the integration of disaster risk reduction with development programs and community protection from disasters.The right to ownership of land affected by the liquefaction disaster in Balaroa Sub-District is based on article 2 of the Basic Agrarian Law and public interests or social functions, then the status of land rights affected by the liquefaction has been completely removed with the provision that the affected community has received compensation such as land acquisition and provision of permanent housing in accordance with article 18 of the Basic Agrarian Law and article 32 paragraph b of Law No. 24 of 2007, on the other hand for people who refuse to receive compensation , still has power over the land but can no longer be occupied to build a dwelling or it can be said that the rights to the land are partially revoked because the land has been marked with a red zone.