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All Journal Melayunesia Law
Dedy Sunarto
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Law, Crime, Criminology & Criminal Justice

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Juridical Analysis of Reclamated Land Rights in Batam City – Case Studies PT. Pasifik Karya Sindo Silvia Handayani; Siti Nurkhotijah; Darwis Anatami; Nicha Suwalla; Dedy Sunarto
Melayunesia Law Vol. 9 No. 1 (2025)
Publisher : Magister Ilmu Hukum Fakultas Hukum Universitas Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30652/26g6qj57

Abstract

This study examines the juridical analysis of land rights over reclamation areas in Batam City, with a case study of PT. Pasifik Karya Sindo. The core issue lies in the legal status of reclaimed land, which is not yet comprehensively regulated under Indonesian law, leading to legal uncertainty for both business actors and local authorities. This research employs a normative juridical method with statutory, conceptual, and case study approaches. Data were collected through literature review, analysis of relevant legislation, and examination of legal documents. The findings indicate that reclaimed land essentially remains part of state-controlled coastal areas under the Basic Agrarian Law and sectoral maritime regulations. However, the granting of land rights over reclaimed areas requires clearer legal foundations to avoid conflicts with the principles of legal certainty and justice. The case of PT. Pasifik Karya Sindo illustrates the regulatory disharmony between the authority of the Batam Development Board and the local government, which has resulted in delays in the legalization of reclamation land rights. This study recommends regulatory synchronization between the central government, the Batam Authority, and local government, as well as the formulation of specific regulations on the management of reclamation land to ensure legal certainty and prevent future land disputes.
Mechanism for Settlement of Land Tenure in the Context of Forest Area Planning (PPTPKH) in Karimun Regency Dedy Sunarto; Darwis Anatami; Siti Nurkhotijah; Nicha Suwalla; Silvia Handayani
Melayunesia Law Vol. 9 No. 1 (2025)
Publisher : Magister Ilmu Hukum Fakultas Hukum Universitas Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30652/feb5yd02

Abstract

This study examines the mechanism for resolving land tenure issues within the framework of Forest Area Structuring (PPTPKH) in Karimun Regency. The central problem lies in the mismatch between community land tenure and the designation of forest areas, which often generates legal as well as social conflicts. This research employs a normative juridical method with statutory and conceptual approaches, complemented by empirical data through interviews and document analysis at the regional level. The findings indicate that the implementation of PPTPKH in Karimun Regency faces several challenges, including regulatory disharmony between central and local governments, limited spatial data, and weak institutional coordination. The resolution mechanism applied involves administrative and technical verification of land claims, assessment based on principles of social justice and legal certainty, and granting legal access through forest area release, land-swap schemes, or the allocation of land rights under agrarian law. However, the implementation remains suboptimal due to overlapping authorities and limited institutional capacity. This study recommends regulatory harmonization, strengthening land and forestry databases, and enhancing the role of local governments in the PPTPKH process to achieve a fairer, more transparent, and sustainable resolution of land tenure issues.
Co-Authors Darwis Anatami Nicha Suwalla Silvia Handayani Siti Nurkhotijah