Ius Comparatum: Journal of Law Studies
Vol 2 No 1 (2026): January

Comparison of Legal Systems in Land Acquisition for Public Interest in Indonesia, Malaysia, China, and the United States

Sahne Fa Alhama Ibrahim Sakti (Universitas Pembangunan Nasional Veteran Jakarta)
Handar Subhandi Bakhtiar (Universitas Pembangunan Nasional Veteran Jakarta)



Article Info

Publish Date
31 Jan 2026

Abstract

Land acquisition for the public interest is an important aspect of a country's development, with different policies in eachcountry according to the legal system and socio-political factors. This study compares the legal systems governing landacquisition in Indonesia, Malaysia, China, and the United States, focusing on procurement, compensation, and dispute-resolution mechanisms. The method used is a normative legal approach with qualitative analysis of secondary data fromregulations, journals, and literature. The results show that Indonesia and Malaysia rely on deliberation, but still facechallenges in fair compensation. China prioritises state control over land, often overriding individual rights, whereas theUnited States applies eminent domain with stronger legal protections for landowners. Each country has advantages anddisadvantages in balancing development interests and the rights of landowners. Indonesia needs to increase transparencyin land price valuations and strengthen legal access for landowners. The adoption of best practices from other countries,such as market-value-based compensation systems and clearer government authority, can help achieve fairer and moreeffective land acquisition policies.

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Journal Info

Abbrev

ICJLS

Publisher

Subject

Description

Ius Comparatum: Journal of Law Studies (ICJLS) is a peer-reviewed academic journal published in English by the Doctoral Programme of the Faculty of Law, Universitas Pembangunan Nasional "Veteran" Jakarta. The journal is devoted to promoting scholarly discourse and innovation in the field of ...