On Tuesday (September 3, 2024), the Center for Law and Social Justice Studies (LSJ) at the Faculty of Law, Gadjah Mada University (UGM) held a hybrid seminar on the right to development and social justice in land acquisition policy. The seminar was organized in collaboration with PANDEKHA (Center for the Study of Constitutional Democracy and Human Rights); the Department of State Administrative Law (HAN) at the Faculty of Law, and the National Commission on Human Rights (Komnas HAM). The seminar featured several prominent speakers, including Prabianto Mukti Wibowo, Richo Andi Wibowo, Maria SW Sumardjono, and Embun Sari.
Prabianto Mukti Wibowo explained that a positivist approach is often used in land ownership. This approach only considers the law from a regulatory perspective, ignoring its implementation on the ground. He also highlighted that Law 2/2023 concerning the principle of transparency has not been fully implemented.
Meanwhile, Richo Andi Wibowo identified three main problems in the implementation of National Strategic Projects (PSN): a decline in the principle of prudence, weak public oversight, and ineffective judicial oversight. Maria SW Sumardjono added that Social Impact Assessments (SIA) are crucial for ensuring sustainable and equitable development. Embun Sari went on to explain that land acquisition is closely linked to human rights. She emphasized that compensation for land acquisition must be commensurate with the extent of the rights taken.
Furthermore, this seminar aimed to provide an overview of: (a) the human rights impact of land acquisition policies for public interest development; the excesses of land acquisition for public interest development (non-PSN) under Law No. 2 of 2012; (b) National Strategic Projects (PSN), the facilities provided, and their impact on the protection of community human rights; (c) SIA as an instrument to ensure sustainable and equitable development; and (d) the government's commitment to guaranteeing the right to development through the implementation of SIA.
This hybrid seminar was held both online through the Faculty of Law UGM platform and offline via streaming on the FH UGM Knowledge Channel YouTube channel, which can be accessed at: https://www.youtube.com/live/61GUr670rP0?si=zXOq6KCUVJFNSfSaThe total number of participants, both online and offline, reached approximately 2,000.
Writer: Markus Togar Wijaya (LSJ FH UGM)
