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All Journal Jurnal Hukum IUS QUIA IUSTUM Jurnal Hukum & Pembangunan
Dewi, Anggita Mustika
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Law, Crime, Criminology & Criminal Justice

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Social Impact Assessment di Malaysia dan New South Wales, Australia: Pembelajaran bagi Pengaturan di Indonesia pada Masa Mendatang (Social Impact Assessment in Malaysia and New South Wales, Australia: Lessons for Future Regulation in Indonesia) Dewi, Anggita Mustika; Ginting, Albert Suprayogi; Aina, Destriananda Safa
Jurnal Hukum IUS QUIA IUSTUM Vol. 33 No. 2: MEI 2026
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol33.iss2.art8

Abstract

The legal framework for land acquisition in Indonesia has not systematically integrated Social Impact Assessment (SIA), thus, protection against the social impacts of development has not been optimally implemented. Unlike Indonesia, which is still developing SIA regulations, Malaysia and New South Wales, Australia have implemented SIA in the land acquisition process for development. This research aims to analyze SIA regulations in these two jurisdictions and identify relevant norms for strengthening SIA regulations in Indonesia. This research is a normative legal study using a statute approach and a comparative approach. The collected data were analyzed qualitatively. The research findings indicate that strengthening SIA regulations in Indonesia requires a legal basis at the statutory level, making amendments to Law Number 2 of 2012 urgently necessary. These regulations also need to be supplemented with implementing regulations, such as Ministerial Regulations and SIA Guidelines, to further regulate the technical provisions for SIA implementation. These include the classification of projects that require SIA based on their social risk level, the implementation of SIA from the land acquisition planning stage, information provision mechanisms that combine public displays and digital platforms, diverse, inclusive, and meaningful public participation, and proportional, efficient, and risk-based monitoring and evaluation mechanisms. These findings provide a normative basis for developing SIA regulations to strengthen the protection of the rights of affected communities, particularly vulnerable groups and indigenous communities, in realizing more responsive, participatory, inclusive, and equitable land acquisition.
Implementasi Land Freezing di Kabupaten Kutai Kartanegara dan Penajam Paser Utara: antara Pengendalian Pertanahan dan Pelindungan Hak Keperdataan Dewi, Anggita Mustika; Aina, Destriananda Safa; Putri Maharani, Ananda Mulia
Jurnal Hukum & Pembangunan
Publisher : UI Scholars Hub

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Abstract

To prevent land speculation by land mafias in the Nusantara Capital City (IKN), the government introduced a land-freezing policy aimed at restricting the transfer of land rights within the IKN area. However, in practice, this policy has been alleged to hinder land registration processes and undermine civil rights of communities within the IKN delineation zone. This study seeks to examine the regulatory framework, implementation, and impacts of the land-freezing policy on land registration and the civil rights of affected communities. Employing an empirical normative legal research method with a statute approach, this research finds that the land-freezing policy has not been effectively implemented. Regulatory disharmony has resulted in ambiguity regarding its operational execution, consequently halting land registration procedures and impeding the development of an accurate and up-to-date land registration database. Moreover, this situation has led to the proliferation of informal and unregistered land transactions. While the land-freezing policy was intended to safeguard both the public and the government from land-mafia practices, in reality it has instead curtailed the civil rights of local communities.
Co-Authors Aina, Destriananda Safa Ginting, Albert Suprayogi Putri Maharani, Ananda Mulia