Lex Journal : Kajian Hukum dan Keadilan
Vol 10 No 3 (2026): September

A Comparative Study of Indonesian and Chinese Laws on Justice-Based Compensation for Land Acquisition in the Public Interest

Restu Adi Putra (University of Kadiri, Kediri, Indonesia)
Irham Rahman (University of Kadiri, Kediri, Indonesia)
Fitri Windradi (University of Kadiri, Kediri, Indonesia)



Article Info

Publish Date
22 Sep 2026

Abstract

Land acquisition in the public interest is a development instrument that simultaneously causes the reduction or loss of community rights over land. Therefore, the provision of compensation must balance development interests with the protection of affected parties based on the principles of justice. This study aims to analyze the regulations governing compensation for land acquisition in the public interest in Indonesia and China from the perspective of justice, as well as to formulate an equitable compensation framework for Indonesia based on a comparison of the two legal systems. This research employs a normative legal research method using statutory, conceptual, and comparative approaches through functional comparative law. Legal materials are analyzed qualitatively using descriptive-analytical, comparative, and prescriptive methods. The findings reveal that both Indonesia and China acknowledge justice as the foundation for providing compensation, yet they exhibit distinct orientations. Indonesian law emphasizes objective valuation of compensation, deliberation, and procedural protections, whereas Chinese law more explicitly connects compensation to the sustainability of living standards, resettlement, livelihoods, and social security. Based on this comparison, this study proposes an equitable compensation framework comprising four complementary elements: fair and adequate compensation, resettlement guarantee, livelihood protection and restoration, and social security protection. This framework shifts the orientation of compensation from merely replacing the economic value of land toward proportionately restoring losses and ensuring the sustainable livelihood of affected parties.

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Journal Info

Abbrev

hukum

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Lex Journal is a scientific journal published by the Faculty of Law, Dr. Soetomo University which will be published regularly every six months. In July and December containing articles in the form of articles, studies, and research results. This journal is published as a forum to provide space for ...