Reconstructing Land Acquisition Law for Indonesia’s National Strategic Projects

Abstrak

National Strategic Projects have accelerated infrastructure development but have also exposed a structural tension between development imperatives, state authority, and the constitutional protection of affected communities. Existing land acquisition governance tends to treat project designation and procedural compliance as sufficient grounds for acquisition, while substantive scrutiny of public interest, indigenous rights, participation, compensation, and socio-ecological consequences remains fragmented. This study aims to reconstruct the legal framework of land acquisition for NationalStrategic Projects (PSN) by establishing a constitutionally grounded model that reconciles development with social justice and rights protection. Using normative legal research with statutory, conceptual, and case approaches, the study applies systematic, conceptual, and teleological legal interpretation. The principal novelty of this study is the Constitutional Justice-Based Land Acquisition Model, which seeks to redesign the legitimacy framework of land acquisition rather than merely improve existing procedures. The model introduces a Constitutional Public Interest Test as a substantive threshold; mandatory Indigenous Rights Screening; meaningful participation and Free-Prior-and Informed-Consent (FPIC); replacement-cost compensation and livelihood restoration; integrated social-ecological assessment; effective remedies from the outset; independent review; and post-acquisition restoration monitoring. Critically, PSN status is reconceptualized as creating a rebuttable presumption of public interest rather than serving as conclusive justification for compulsory land acquisition. The model therefore transforms land acquisition from a project-oriented land delivery mechanism into a form of constitutional, rights-based, and sustainable land governance.

Kata kunci

• Indigenous Rights
• Land Acquisition
• Public Interest Test