This study entitled the procurement of land from traditional customary community
land for the implementation of development in the public interest. Land procurement
is an activity of providing land by giving proper compensation to the rightful side. It
means that the land procurement can be done if the State provides the compensation.
Whereas, the public interest is the interest of the nation, state and society that must be
actualized by the government and used as much as possible for the prosperity and
welfare of the society. Nowadays, in Indonesia country there are so many government
officials who want to make land procurement, so they need the land to do the
construction and it is possible to do if the land is taken from the land of custom
society well known as Ulayat land. Ulayat land is a land that is conjunctly controlled
by custom society and its management regulation is carried out by customary leaders
and the utilization of the land is for custom society. Ulayat land is also still
recognized by the UUPA, the implementation of Ulayat rights and similar rights from
custom society, throughout they still exist, its shall be such good action accordance
with national and state interests based on national unity and not be contradictory to
constitution of the Republic of Indonesia and other higher regulations. The objective
of the research is to know and analyze the land procurement from costumary
community land that is used for the implementation of development for the public
interest. The research method is a normative legal research that focused on positive
legal norms in the form of legislation. The data used in normative legal research is
secondary data. Secondary data of primary legal materials is a legal material obtained
from legislation. Secondary legal material is a legal opinion that provides guidance as
well as an explanation of the primary legal material. With the result that the land
procurement from Ulayat land can be done if the government provides equitable and
proper compensation to custom society and must consider the risks that will occur to
custom society if the land procurement is done for construction.