Land acquisition regulations in Indonesia have continued to evolve from the Old Order era through the Reform Era. However, until the enactment of Law No. 2 of 2012 on Land Acquisition, existing legislation had yet to adequately guarantee the implementation of the participatory principle. This posed challenges to realizing social justice, particularly in improving the welfare of landowners and other entitled parties following the land acquisition process. This was highlighted by Fifik Wiryani, S.H., M.Si., M.Hum., during her doctoral promotion examination at the Faculty of Law, Universitas Gadjah Mada (FH UGM), on Thursday (28/7).
“One of the reasons is the lack of public participation, particularly that of landowners, in making important decisions,” explained Fifik. These decisions include the assessment and determination of compensation.
The participatory principle is essential in land acquisition for development in the public interest, as it has a significant impact on the realization of social justice, particularly for landowners and other entitled parties. “It also affects their welfare and their ability to sustain their livelihoods,” added the lecturer from the Faculty of Law, Universitas Muhammadiyah Malang.
In her dissertation, entitled “The Implementation of Participatory and Social Justice Principles in the Regulation and Implementation of Land Acquisition for Development in the Public Interest,” Fifik concluded that although guarantees for public participation had gradually improved from Law No. 61 of 1961 to Law No. 2 of 2012, its implementation continued to face resistance from communities who perceived the process as unfair.
“If the participatory principle is properly regulated and implemented, there is significant potential for it to contribute to the realization of social justice,” said Fifik, who earned her doctorate with Very Satisfactory honors. She became the 133rd doctoral graduate of the Faculty of Law, UGM. (Lita)
