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Talib, Solihin H.; Talib, Riski; Moonti, Roy Marthen

Jurnal Ilmu Pertahanan, Politik dan Hukum Indonesia 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The determination of compensation in the process of land acquisition for infrastructure development in Indonesia still faces various complex legal problems. Although has been regulated in Law Number 2 Year 2012, its implementation often creates inequality, both in terms of compensation value and procedures for community involvement. The phrase “decent and fair” in the regulation opens wide room for interpretation, so there is often a mismatch between the value set by the government and the expectations of the community. This imbalance is exacerbated by weak public participation, lack of legal literacy, and the dominance of legal-formalistic approaches. Agrarian conflicts, legal uncertainty, and disregard for the social and cultural values of indigenous peoples also exacerbate the situation. Therefore, policy reforms based on a participatory approach, institutional strengthening, and the use of digital technology to realize transparency and accountability are needed. Fair compensation must ensure protection of citizens' human rights and build trust in the legal system in the development process. 

Pomolango, Syahidna; Sri Rejeki, Anggun; Moonti, Roy Marthen

Jurnal Ilmu Pertahanan, Politik dan Hukum Indonesia 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The recent labor regulation reform through the Job Creation Law (Undang-Undang Cipta Kerja) has introduced new dynamics in regulating Fixed-Term Employment Agreements (PKWT), impacting social justice in Indonesia. This study aims to analyze the effects of PKWT regulation within the Job Creation Law on the principle of social justice, particularly in the context of Indonesia’s Asta Cita 4, which emphasizes protection for the entire nation. Employing a qualitative approach through literature review, the study systematically examines relevant laws, academic works, and related research. The findings indicate that although the law enhances labor market flexibility, the resulting legal uncertainty for fixed-term workers risks social inequality that contradicts the ideals of social justice. This research underscores the need for legislative reforms that prioritize worker protection and social security to align labor regulations with national aspirations embodied in Asta Cita 4. The implications provide recommendations for policymakers and future researchers to develop more empirical and in-depth studies to strengthen labor protections going forward.