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JUSTICE AND COMPENSATION FOR LAND ACQUISITION FOR COMMUNITIES AFFECTED BY INFRASTRUCTURE DEVELOPMENT Gloria Gita Putri Ginting; Henry Aspan; Ari Prabowo; Etty Sri Wahyuni
International Journal of Social Science, Educational, Economics, Agriculture Research and Technology (IJSET) Vol. 5 No. 9 (2026): AUGUST
Publisher : RADJA PUBLIKA

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Abstract

This study aims to analyze the fairness of land acquisition compensation for communities affected by infrastructure development in Indonesia. The main focus of the study is to examine the gap between normative provisions mandating "fair and just" compensation and the reality of implementation on the ground, as well as to identify factors that often cause communities to feel disadvantaged in the land acquisition process. This study uses a juridical-normative method strengthened by an empirical approach. Data were collected through a literature review of laws and regulations, court decisions, and related policy documents, as well as in-depth interviews with affected communities, government officials, and land appraisers at several national strategic project locations. The results show that although the legal framework has regulated the principle of fairness, its implementation still faces various obstacles, including unclear assessment standards, weak transparency and community participation, limited appraisal resources, and minimal assistance for vulnerable groups. Fairness in compensation is not simply measured by nominal values; it must include procedural, distributive, and restorative justice. This study recommends the need for more measured regulatory reformulation, strengthening institutional capacity, and a transformative approach that prioritizes the recovery of the socio-economic conditions of affected communities, so that infrastructure development truly brings prosperity without leaving anyone behind.
STATE RESPONSIBILITY TOWARDS LAND MAFIA VICTIMS FROM THE PERSPECTIVE OF LEGAL CERTAINTY AND JUSTICE Gloria Gita Putri Ginting; Ayu Kurnia Sari
International Journal of Social Science, Educational, Economics, Agriculture Research and Technology (IJSET) Vol. 4 No. 6 (2025): MAY
Publisher : RADJA PUBLIKA

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Abstract

This study aims to analyze the state's responsibility towards victims of land mafia from the perspective of legal certainty and justice. Land mafia causes serious harm by seizing land rights, weakening legal protection, and reducing public trust in the state. This study uses a normative juridical method with a statutory and conceptual approach. Data were obtained through a literature review of primary, secondary, and tertiary legal materials, then analyzed qualitatively. The results show that the state has a responsibility to prevent, prosecute, and restore the rights of land mafia victims through a transparent land administration system, firm law enforcement, and a fair redress mechanism. Legal certainty has not been fully achieved due to weaknesses in land data validation, official oversight, and slow dispute resolution. From a justice perspective, victims must not only obtain legal recognition but also receive rights restoration, protection from criminalization, and adequate compensation if the state is proven negligent. Therefore, the state's responsibility must be actively realized through improving land governance, strengthening inter-institutional coordination, and providing easy access to justice for victims. This research confirms that protecting land mafia victims is an important part of a state based on law that guarantees legal certainty and justice.