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Erlangga, Fahri
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Law, Crime, Criminology & Criminal Justice

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Model Ideal Penerapan Kebijakan Kompensasi dan Ganti Kerugian terhadap Masyarakat yang Terdampak Proyek Strategis Nasional dalam Pembangunan Berkelanjutan Erlangga, Fahri; Rahman, Faiz Aulia; Wahyudi, Slamet Tri
Wajah Hukum Vol 10, No 1 (2026): April
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v10i1.2018

Abstract

Infrastructure development is currently being increasingly implemented by the Government of the Republic of Indonesia, and a Presidential Regulation of the Republic of Indonesia has been issued concerning the National Medium-Term Development Plan for 2025-2029 which regulates the National Strategic Projects (PSN), as the basis for infrastructure development included in the PSN from 2025-2029. The stages in the PSN are, Land Acquisition for Development in the Public Interest, where these stages must pay attention to fair compensation to affected landowners with the aim of supporting sustainable development and improving the quality of life of the community. The purpose of this study is to determine the application of compensation and compensation policies to communities affected by PSN and the ideal model for implementing compensation and compensation policies to communities affected by PSN in sustainable development. The methods used include the statute approach and the conceptual approach. The results of this study are that the ideal compensation model must be based on a Human Rights-based approach that emphasizes four pillars: justice (adequate and multi-form compensation value), protection (guarantee of no coercion, no criminalization, and special protection for indigenous peoples and vulnerable groups), participation (active involvement since planning, transparency of assessment data, and equality of bargaining position), and remediation (independent appeal mechanism, execution bond, and revocation of the location if the project is canceled so that the land can be reused).
Upaya Pembentukan Pengadilan Khusus Pertanahan Untuk Mengurai Kewenangan Peradilan Umum dalam Mengadili Perkara Sengketa Kepemilikan Tanah Erlangga, Fahri; Triadi, Irwan
Wajah Hukum Vol 10, No 1 (2026): April
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v10i1.2020

Abstract

The purpose of this research is to examine the current authority of the general courts and to analyze the efforts to establish a specialized land court as a means to clarify and streamline the jurisdiction of general courts in adjudicating land ownership disputes. Land dispute resolution may presently be pursued through competent judicial bodies, namely the General Courts and the Administrative Courts (PTUN). However, disparities in judicial decisions on similar cases continue to occur, indicating the need for a specialized judicial institution dedicated to addressing land disputes. This study employs a normative juridical methodology, utilizing the statute approach and the conceptual approach. The findings reveal that the current jurisdiction of the general courts in land ownership disputes includes examining, adjudicating, and resolving cases related to the proof of ownership rights or other civil rights over the disputed land. Meanwhile, efforts to establish a specialized land court have been pursued in a serious manner, driven by the complexity, high frequency, and sensitivity of existing land disputes. These efforts refer to the People’s Consultative Assembly Decree No. IX/MPR/2001 on Agrarian Reform and Natural Resource Management, as well as Law No. 48 of 2009 on Judicial Power.
Co-Authors Rahman, Faiz Aulia Slamet Tri Wahyudi Triadi, Irwan