Optimalisasi Rehabilitation and Resettlement Demi Pemulihan Hak Penghidupan Layak dalam Pengadaan Tanah untuk Kepentingan Umum di Indonesia

Sitanggang, Dyan Franciska Dumaris

Jurnal Hukum & Pembangunan

Land acquisition for public purposes should balance development goals with the protection of human rights, particularly those of vulnerable communities. However, Indonesia’s legal framework has not fully incorporated a rights-based approach that ensures sustainable livelihoods for affected populations. This article proposes the adoption of a comprehensive Resettlement and Rehabilitation (R&R) approach, with reference to India’s legislative model, that goes beyond relocation by ensuring proper resettlement and long-term livelihood rehabilitation. Special consideration should be given to indigenous peoples affected by land acquisition on customary lands. The study recommends strengthening community participation from the planning stage, improving coordination among relevant government institutions, optimizing public consultation processes, and assessing compensation based on comprehensive material and non-material losses. Integrating the R&R framework into relevant legal instruments would help ensure that land acquisition policies promote not only compensation but also sustainable welfare for affected communities.