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All Journal Journal of International Islamic Law, Human Right and Public Policy
Aldo Alva Rezki
Universitas Maritim Raja Ali Haji
Religion Law, Crime, Criminology & Criminal Justice

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ANALYSIS OF THE TRANSFER OF CURRENT LAND INTO A NATIONAL STRATEGIC PROGRAM FROM AN AGRARIAN LAW PERSPECTIVE CASE STUDY: GREEN GREBBING IN PAPUA Kaleb Delon Panggabean; Deni Kristiani Saragih; Juranda; Aldo Alva Rezki
Journal of International Islamic Law, Human Right and Public Policy Vol. 4 No. 2 (2026): June
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.21534604

Abstract

This study comprehensively examines the issues of the transfer of customary land of indigenous legal communities, particularly in Papua, into the National Strategic Program scheme from the perspective of agrarian law. The phenomenon known as green grabbing, which is the transfer of indigenous land using a green narrative (environment and sustainable development) to achieve food self-sufficiency targets, has caused serious structural conflicts between the communal rights of the Papuan indigenous communities and the government's interests in implementing large-scale infrastructure and economic development projects. This study uses a normative juridical method through several legal approaches. The results of the study show that the mechanism of transferring customary land into the National Strategic Program has neglected the fundamental rights of Papuan indigenous law communities and is contrary to the social function as specified in Law Number 5 of 1960 concerning the Basic Regulations of Agrarian Principles. Furthermore, it was found that the instrumentalization of the green narrative in the context of the National Strategic Program in Papua has become a new legitimacy for the seizure of customary land, which substantively harms the customary sovereignty of Papuan communities.
Co-Authors Deni Kristiani Saragih Juranda Kaleb Delon Panggabean