Perlindungan Hukum Terhadap Hak Pemilik Tanah untuk Pendirian Sarana Jaringan Transmisi Tenaga Listrik

Abstract

In accordance with Article 27 of the Law Number 30 Year 2009 about the Electric Power, the State Electricity Company has a priority right to build the electric network facilities for public use by considering the rights of the community members residing in the surrounding areas. However, in fact, there were some violations of this regulation when building the electric network facilities like the one happening in Bukuan Village. The absence of legal protection concerning this regulation has brought about an impact on the public rights, in which they felt harmed by that particular activity.

This research aimed at finding out the forms of legal protection towards the land use as the area to build the electricity transmission network facilities by the State Electricity Company at Bukuan Village, Samarinda Municipality. Furthermore, this research also analysed the legal efforts of the landowners related to the lands used as the establishment areas for the electric power transmission network facilities of the State Electricity Company at Bukuan Village, Samarinda Municipality. This research employed the Socio Legal Approach, which referred to the approach done through observation and research.

The State Electricity Company had the rights to build electricity network facilities by using the privately owned lands. The legal protection was necessary to be given to the landowners concerning the establishment of electricity network facilities so that the State Electricity Company would not violate the civil rights of the community members and went beyond its limit in exercising its authority. The community members could do some settlement efforts towards the violation of civil laws by the State Electricity Company in terms of the establishment of electricity network facilities at Bukuan Village, both in and outside of the court.