Pemantapan proses menentukan pampasan mencukupi dalam pengambilan tanah di Negeri Kedah Darul Aman

Abstract

The concept of determining the amount of adequate compensation in land acquisition has been discussed by many; yet, there is no clear measure to explain the real meaning of adequate compensation to the land owners. This is due to the fact that not much research has been conducted to explain the meaning of adequate compensation in land acquisition. Therefore, the research seeks to explore the meaning of adequate compensation to the affected land owners by identifying the elements of land owners’ dissatisfactions in land acquisition in the case study areas. Data were gathered from selected land owners, land administrators and valuers on ways to determine the meaning of adequate compensation. Land owners were interviewed from several areas in Kedah namely Kerpan, Beris, Kg. Tok Murad and Jalan Sik-Gurun whose lands were acquired for prawn rearing, dam, Al-Bukhary Higher Learning Institute and road expansion projects respectively. These areas represented significant public interests on issues in land acquisition in Kedah. Data were analyzed using qualitative analysis to form patterns, categories and themes in order to achieve the research objectives. The findings were presented in the form of phrase expressions, charts, diagrams and tables. The research revealed that adequate compensation comprises all losses without taking into consideration any special or sentimental values of the land taken. The valuation must be done in accordance with the date of acquisition and, no differentiation in values should be made with reference to the proposed use of the land after acquisition. Moreover, the acquiring authority has to consider any losses of fruit bearing trees and pays extra compensation for the hardships faced by the land owners as a result of the land acquisition. The authority is also suggested to conduct more frequent discussions with the land owners, to make the land acquisition process more transparent, to provide efficient ways of delivering notices, to hold conducive public hearing and to make prompt payments.