Fitri Windradi
University of Kadiri, Kediri, Indonesia

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A Comparative Study of Indonesian and Chinese Laws on Justice-Based Compensation for Land Acquisition in the Public Interest Restu Adi Putra; Irham Rahman; Fitri Windradi
Lex Journal: Kajian Hukum & Keadilan Vol 10 No 3 (2026): September
Publisher : Faculty of Law, University of Dr. Soetomo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25139/lex.v10i3.12636

Abstract

Land acquisition in the public interest is a development instrument that simultaneously causes the reduction or loss of community rights over land. Therefore, the provision of compensation must balance development interests with the protection of affected parties based on the principles of justice. This study aims to analyze the regulations governing compensation for land acquisition in the public interest in Indonesia and China from the perspective of justice, as well as to formulate an equitable compensation framework for Indonesia based on a comparison of the two legal systems. This research employs a normative legal research method using statutory, conceptual, and comparative approaches through functional comparative law. Legal materials are analyzed qualitatively using descriptive-analytical, comparative, and prescriptive methods. The findings reveal that both Indonesia and China acknowledge justice as the foundation for providing compensation, yet they exhibit distinct orientations. Indonesian law emphasizes objective valuation of compensation, deliberation, and procedural protections, whereas Chinese law more explicitly connects compensation to the sustainability of living standards, resettlement, livelihoods, and social security. Based on this comparison, this study proposes an equitable compensation framework comprising four complementary elements: fair and adequate compensation, resettlement guarantee, livelihood protection and restoration, and social security protection. This framework shifts the orientation of compensation from merely replacing the economic value of land toward proportionately restoring losses and ensuring the sustainable livelihood of affected parties.