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Ludia Baransano; Karmanis Karmanis; Tri Lestari Hadiati

Law and Justice research journal 2026 International Forum of Researchers and Lecturers

This research aims to analyze the implementation of land acquisition policies in Sorong City from the perspective of social justice for indigenous peoples, and to evaluate the extent to which customary rights are accommodated in the development process. The research method is a mixed-methods study with an embedded design. The qualitative approach was the primary instrument, using in-depth interviews with five key speakers, including land authorities and representatives of the Malaloi Indigenous Peoples Institution (LMA). Quantitative approaches are used only in correlation analysis to reinforce qualitative findings. The study's results show a "Paradox of Justice" in Sorong City. Procedurally, the land acquisition policy has been effective in accordance with Law Number 2 of 2012, supported by a strong statistical correlation between land acquisition and social justice. However, substantively, justice for indigenous peoples has not been fully achieved because the involvement of indigenous leaders in deliberations is often considered a mere administrative formality. The highest correlation between indigenous peoples and social justice confirms that the recognition of customary rights is the main determinant of justice in public policy. The main obstacles identified include difficulties in the administrative documentation of customary lands and paradigmatic differences between the government's materialistic values and the sociocultural values of indigenous peoples. The theoretical implications of this study confirm the importance of communication factors and the disposition of implementers in the implementation of policies in customary territories. In practice, the government needs to reformulate deliberations based on local values and the structural recognition of customary rights.

Ramadani Dimas Pamungkas; Deandra Myana Rahayu; Syafa Nabila Azzahra; Fadia Amanda Pertiwi; Hany Nurpratiwi

Journal of Creative Student Research 2023 Pusat Riset dan Inovasi Nasional

The objectives of the National Agrarian Law are in line with the objectives of the 1945 Constitution of the Republic of Indonesia as the legal foundation for the formation of the UUPA, namely "to protect the entire Indonesian nation, promote public welfare, educate the nation's life, and participate in carrying out world order based on freedom, eternal peace." and social justice”. Before there were clear rules governing land issues, many land conflicts occurred. One type of conflict that often occurs is between the state and the community regarding Nation Land Tenure Rights representing the public interest, and then private property ownership, which then results in social inequality that arises in society. social. In the compensation paradigm itself, it tends to mean that the holder of land rights has experienced a loss prior to the release of his land for public use. Presidential Decree No. 55 of 1993, Presidential Decree No. 36 of 2005 and Presidential Decree No. 65 of 2006 contain many weaknesses and are repressive in nature which harm land rights owners. Various cases of community welfare land acquisition development show various problems that arise in the implementation process. With the promulgation of Law Number 2 of 2012, the government is trying to correct deficiencies in the previous laws and regulations regarding land acquisition for public purposes. Compensation for Land Acquisition Since the promulgation of Law Number 2 of 2012, the government has assessed the value of compensation for each plot of land, including land, space above ground and basement, buildings, plants and land, for public purposes; and/or other things that can be assessed as Loss. The amount of compensation determined by the appraiser based on the results of the assessment becomes the basis for negotiating and determining losses.