Problems of Disputes/Conflicts over Land Acquisition towards Development for Public Interest in Indonesia

Wahanisa, Rofi

doi:10.6000/1929-4409.2021.10.39

Cited by 6 publications

(3 citation statements)

References 12 publications

(11 reference statements)

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“…given to landowners using constitutionally mandated procedures. The Basic Agrarian Law also states that land rights come with social functions, meaning that land ownership is not solely for personal use when causing harm to the public (Wahanisa et al, 2021). Guild (2019)…”

Section: Radbruch Defines Legal Certainty As the Statementioning

confidence: 99%

Legal Certainty in Land Rights Acquisition in Indonesia’s National Land Law

Widiyono,

Khan

2023

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Acquisition of land rights has been a protracted issue due to the complexity of land laws and regulations in Indonesia. This situation often leads to illegal land disputes and conflicts. This research investigated the aspect of legal certainty in land rights based on Indonesian laws and regulations. This study focused on the aspects of legal certainty in several laws and regulations related to land rights and examined the implications of the Law on Land Acquisition and Government Regulations (PP) of 2021 concerning Management Rights, Land Rights, Flat Units, and Land Registration. The research methods involved a qualitative approach with a normative and juridical approach. The research results highlight significant progress in recent regulations, such as the Perppu Cipta Kerja 2022 and PP 2021 concerning Management Rights, Land Rights, Flat Units, and Land Registration, regarding more efficient and transparent procedures in providing legal certainty in obtaining the rights above ground. This finding implies the need for continuous improvement to strengthen legal certainty and to protect the rights of all parties. This research emphasizes the importance of harmonizing laws and regulations to create a conducive environment for the responsible and sustainable acquisition of land rights in Indonesia.

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Section: Radbruch Defines Legal Certainty As the Statementioning

confidence: 99%

Legal Certainty in Land Rights Acquisition in Indonesia’s National Land Law

Widiyono,

Khan

2023

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“…Additionally, Dharmawan et al (2021) revealed the significant impact of unclear land ownership status on the security and welfare of local communities. Communities often face vulnerability to forced evictions and conflicts with parties claiming ownership of the land, which substantially affects social and economic stability (Bakker, 2023;Wahanisa et al, 2021).…”

Section: Introductionmentioning

confidence: 99%

Land Contestation and Identity: Agrarian Conflict Between Maluku Indigenous Communities and State Authorities in A Sociological Perspective

Leiwakabessy

2024

baileofisip

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This article discusses agrarian conflicts between indigenous communities in Maluku and state authorities, focusing on a case study involving a conflict between the indigenous community of Negeri Laha and the Indonesian Air Force (TNI AU) as adjudicated by the Supreme Court of the Republic of Indonesia in 2012. Employing a sociological approach, the study analyzes the root causes, conflict processes, and resolution efforts. Qualitative research methods, including in-depth interviews and field observations, were utilized for data collection, along with literature analysis comprising articles, books, and the aforementioned Supreme Court ruling. The article asserts that resolving agrarian conflicts in Maluku can serve as a model for addressing similar conflicts in the region. In addition to elucidating the status of land ownership and management among indigenous communities in Maluku, the article identifies triggers and resolution processes for agrarian conflicts. Furthermore, it emphasizes the importance of preventing agrarian conflicts by involving indigenous communities in strategic project development and resolving conflicts through customary processes and dialogue. Conflict prevention is prioritized to mitigate losses, both in terms of human lives and property. Violence and threats against indigenous communities must be avoided to prevent resistance or escalation of conflicts.

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“…Moreso, conflict is neither good nor bad (Paffenholz, 2014). It can occur at any given time and in any place, originating between two individuals or groups when there is a disagreement or difference in values, attitudes, needs or expectations (Wahanisa, Hidayat, Riyanto & Anggono, 2021). Essentially, conflict might ensue at the class level, local government level or even international level with an underlying interest or goal.…”

Section: Introductionmentioning

confidence: 99%

Peace Initiatives in Resource Based Conflicts in Post-Colonial Kenya: A Case of Lower Nyando River Basin of Kisumu County, Kenya

Atieno¹

2023

IJRSI

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There is growing literature focusing on resource extraction and unbalanced sharing of natural resources in the exploitation community and conflict especially in the developing countries. Whereas a lot of attention has been directed at grievances of conflicting parties in natural resource based conflicts, limited attention is being given to peace initiatives including the role of local peace committees and community led peace building networks. This paper provided an insight on the role of peace initiatives in resource based conflicts in post-colonial Kenya, with particular attention to lower Nyando River Basin of Kisumu County, Kenya. Specific objectives were to determine the magnitude of resource based conflicts among communities in the Lower Nyando River Basin, analyse the role of local peace committees in resource based conflicts among communities in the Lower Nyando River Basin and to establish the contribution of community led peace-building networks in resource based conflicts among communities in the Lower Nyando River Basin, Kenya. Conflict transformation theory which articulates transforming the causes of conflict as the right approach for resolving and curtailing emerging disputes was adopted to guide the study. Mixed method design involving quantitative and qualitative data collection and analysis approaches was adopted. Target population comprised of (Ogenya=153; Kakola Ombaka=704; Jimo Middle=131, and West Kabodho=225) who were natural resource reliant in both Nyakach and Nyando Sub-counties with a sample size of 278 respondents obtained based on Gill et al’s Table of Desired Accuracy with Confidence Level of 95%. The study also interviewed 4 elected community leaders from each sub location. Findings showed that the magnitude of resource based conflicts in the area was high (M=3.91; SD=0.08). The study also found that local peace committees were important peacebuilding initiatives (M=4.17; SD=0.23), while peacebuilding networks existing in the study area had contributed in resolving conflicts to a large extent (M=4.01; SD=0.25). It was concluded that unfounded apportioning of the wetland by the feuding communities has made the magnitude of conflict to be high in the study area. The study also concludes that local peacebuilding initiatives have helped in managing resource based conflict in the area due to their acceptability and incessant peace messaging.

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Problems of Disputes/Conflicts over Land Acquisition towards Development for Public Interest in Indonesia

Cited by 6 publications

References 12 publications

Legal Certainty in Land Rights Acquisition in Indonesia’s National Land Law

Legal Certainty in Land Rights Acquisition in Indonesia’s National Land Law

Land Contestation and Identity: Agrarian Conflict Between Maluku Indigenous Communities and State Authorities in A Sociological Perspective

Peace Initiatives in Resource Based Conflicts in Post-Colonial Kenya: A Case of Lower Nyando River Basin of Kisumu County, Kenya

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