1Muh. Afif Mahfud, 2Kadek Cahya Susila Wibawa
1,2Faculty of Law, Diponegoro University, Indonesia
DOI : https://doi.org/10.47191/ijmra/v6-i11-06Google Scholar Download Pdf
ABSTRACT:
The government formed a policy that negated land rights for the community in Rempang. Also, They chose to side with foreign investment in national strategic projects which ultimately generated agrarian conflict. This research aims to analyze the minimal protection of community land rights in national strategic projects and the construction of community land rights protection in national strategic projects. The problem was studied through doctrinal research using statutes and a conceptual approach and analyzed using content analysis techniques. Based on the analysis, it is concluded that the government policy that negated the rights of the people on Rempang Island was not in line with the aim of the right to control the state, namely to maximize the prosperity of the people and customary law as the basis of national agrarian law which emphasizes protecting the rights of people who have lived for generations. To overcome this problem, government policy construction should emphasize the value of justice which pays attention to the weak and the social and cultural conditions of society. In making and implementing policies, public participation must also be taken into account.
KEYWORDS:Land Rights; Community; Rempang; National Strategic Project.
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Volume 06 Issue 11 November 2023
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