International Journal of Educational Review, Law And Social Sciences (IJERLAS)
Vol. 5 No. 4 (2025)

The Legality of Land Clearance and Relocation for the Rempang Eco City National Strategic Project in Light of Law Number 2 of 2012 on Land Acquisition

Markus Gunawan (Universitas Batam)
Erniyanti (Universitas Batam)
Fadlan (Universitas Batam)



Article Info

Publish Date
30 Jul 2025

Abstract

The Rempang Eco City National Strategic Project (PSN) in Batam triggered an agrarian conflict when the authorities attempted to clear and relocate residents of sixteen Malay traditional villages (Kampung Tua). The land clearance was framed as a relocation based on the Management Rights (HPL) of BP Batam rather than as land acquisition under Law Number 2 of 2012, raising the question of its legal validity. This study addresses two questions: (1) is the land clearance for the Rempang Eco City project legally valid under Law Number 2 of 2012; and (2) what legal protection is available for the affected communities. The research employs a normative juridical method with statutory, case, and conceptual approaches, using primary legal materials (legislation and official findings) and secondary materials (journals and books), analysed prescriptively and qualitatively. The findings show three legality defects. First, the project is predominantly investment, industrial, and commercial in character and is developed by a private entity (PT Makmur Elok Graha), so it does not squarely fall within the limitative "public interest" categories of Article 10 of Law Number 2 of 2012, and the statutory acquisition procedure was bypassed. Second, the relocation rested on an HPL that had not been certified because the land was not clean and clear; hence, according to the Ombudsman, the relocation lacked legal force. Third, the "compensation" (santunan) under Presidential Regulation Number 78 of 2023 is not the fair and just compensation (ganti kerugian yang layak dan adil) mandated by the statute, and no independent appraisal or deliberation stage was carried out. The study contributes a normative framework distinguishing HPL-based relocation from statutory land acquisition and recommends realigning PSN implementation in special zones with the fair-compensation regime.

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Journal Info

Abbrev

IJERLAS

Publisher

Subject

Religion Humanities Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Social Sciences Other

Description

This journal accepts articles on results of the research in fields of Education, Cross Culture, Law, Environmental Empowerment which are the latest issues from the results of activities or practical implementations that are problem solving, comprehensive, meaningful, latest and sustainable findings ...