Legal Arrangements and Implementation of State Ownership Rights Over Land in Indonesian Constitution

Erwiningsih, Winahyu

doi:10.36941/ajis-2023-0067

Cited by 1 publication

(1 citation statement)

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“…Meanwhile, land owned by the state is very limited. Therefore, the best way for the Government is to buy land owned by communities whose rights are controlled based on customary law and formal law, not by force (Erwiningsih, 2023). Land acquisition for NSP procurement requires the principle of deliberation between the government and land rights holders (Rifai et al, 2019).…”

Section: Introductionmentioning

confidence: 99%

Impact and resolution of land conflict cases on Rempang Island, Indonesia

Bhakti,

Samudra,

Suradika

2023

J. of Law and Sust. Develop.

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Objective: This research aims to uncover land conflicts on Rempang Island, Indonesia and provide solutions. People who claim to have had rights to their land since 1720 feel disturbed by plans to build Rempang Eco City, spearheaded by a national company in collaboration with Xinyi Glass Holdings Ltd, China, to manage 17,600 hectares of land. The riots on September 6 and 7, 2023, sparked major conflict when officers tried to break through residents' barricades using water cannons and tear gas. Theoretical framework: Regarding land acquisition for strategic projects, Downing (2002) advised the Government to be careful because every investment plan is generally designed to avoid structural poverty by avoiding new poverty by relocating communities due to mining and providing resettlement. Meanwhile, land owned by the state is very limited. Therefore, the best way for the Government is to buy land belonging to communities whose rights are controlled based on customary law and formal law, not by force. Johnson and Swedlow (2019) explain that land acquisition for National Strategic Projects requires the principle of deliberation between the government and land rights holders. To ensure the successful implementation of government policies, the concept of deliberation is essential and needs to involve many community groups. Williams (2021) states that designing deliberations is a challenge because society is guided by its culture's norms, values and rules. Mitchell et al. (2023) refer to deliberation as policy dialogue, a tool that encourages evidence-based policymaking that addresses high-priority issues a synthesis of the best available evidence. Land acquisition analysis should focus on deliberative dialogue and not on ethical issues in a policy context (Bevan & Rasmussen, 2017). Method: This research method uses a qualitative approach with a phenomenological study. The selection of informants was carried out using purposive sampling technique. We used an interview study supported by information from trusted online newspapers to obtain various information. The triangulation method is used to re-check the correctness of the data by reducing as much as possible bias during data collection and analysis. The research questions are why land conflicts occur, whether no regulations facilitate them, and how land conflicts should be resolved. The research results show weaknesses in communication and outreach, officials do not understand the history of community land ownership, and weak bureaucratic structures result in repressive actions. Results and Conclusions: The land conflict on Rempang Island exploded due to the Government's weakness in communicating and socializing the President's policies, demonstrated by regional government officials and other institution, which only carried out socialization in April 2023 but failed because they did not understand the history of community land control. The weak bureaucratic structure causes repressive actions, which are shown in the implementation of wrong government policies. This conflict has caused trauma to children and society, requiring various mental and psychological health efforts. The conclusion shows that conflicts occurred because the regulations for determining land in Rempang as a strategic state project were too hasty without socialization, and the law could not prevent land conflicts. This conflict has caused trauma to the community, especially children. Most informants want the government to be able to solve problems by implementing a dialogue (deliberation) policy as a solution. Research implications: This study presents policy implications that regional, provincial and national governments can utilize to encourage the successful resolution of land conflicts in any region. The consequences of this strategy can help develop more potent methods for enhancing regional cooperation. Originality/value: This research analyses paradigm changes in the land administration system, strengthening bureaucratic structures, collaboration between institutions, and increasing community understanding through socialization and public dialogue. These changes can affect land governance and reduce land conflicts that continued to occur after Indonesia's independence. This paradigm shift study is a new contribution because it can provide a deeper understanding of the evolution of land governance and law in Indonesia.

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Section: Introductionmentioning

confidence: 99%