Reconstruction of Public Interest Interpretation in Land Acquisition for Tourism Areas Under Indonesia’s Post-Job Creation Law Framework
Author (s) : Azna Abrory Wardanaa; Imam Koeswahyono; Iwan Permadi; Ngesti Dwi Prasetyo
Institution : Faculty of Law, Universitas Brawijaya, Indonesia
Category : Article,IJMMU
Topics : : Land Policy; Public Interest; Land Acquisition
Land is a fundamental resource crucial to economic and social activities. Land ownership and utilization policies directly impact its value, production potential, and social justice. One perspective holds that property rights protect vulnerable groups, ensuring their safety from displacement. In Indonesia, land regulation is grounded in Article 33, paragraph (3) of the 1945 Constitution, which mandates state control over land to yield the greatest benefit for the people. However, the enactment of Law No. 6 of 2023 has broadened the definition of “public interest,” raising concerns about its effects on land acquisition in tourism areas. This study explores the legal framework governing land acquisition and the shifting meaning of public interest, especially in the post-Omnibus Law era. Employing a normative legal research approach with a descriptive qualitative method, this study utilizes secondary data to analyze emerging regulatory challenges. The findings indicate that the wide interpretation of public interest could lead to potential misuse, impacting local communities and indigenous groups. Strengthening regulatory oversight and ensuring community participation in decision-making are crucial for balancing national development goals with social and environmental sustainability. In the long term, revising Law No. 6 of 2023 is essential to provide better legal protection for affected communities, prevent excessive land commercialization, and uphold the principles of agrarian justice. This research provides a critical perspective on the evolution of land policy, stressing participatory governance and legislative reform to enhance protection for all stakeholders involve.
Article can be downloaded here >> https://ijmmu.com/index.php/ijmmu/article/view/6740/5507
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