Does land acquisition for public interest in Indonesia violate human rights?
Land is a treasure on earth that in the entire history of human civilization unceasingly provide a complicated problem. This is logical, given that land is the most important factor in determining the production of every phase of civilisation (reference). The Indonesian government also has a lot of land problems, as a developing country that focuses on infrastructure development, the availability of land becomes very important. Unfortunately, the fast growing population in the country has led to the availability of land for development becomes very limited. Therefore, the government then issued land acquisition law number 2/2012, regarding land acquisition process …show more content…
In fact, under international law, there is no human right to land (Gilbert, 2013). However, the Universal Declaration of Human Rights (UDHR), after going through various discussions, declare that under article 17 of Universal Declaration “everyone has the right to own property” and “no one shall be arbitrarily deprived of his property” (UDHR, 1948). The main reason the declaration of property rights is because dispute in land rights are often the trigger of human rights violations. Land rights became the basis for humans to acquire access to food, housing, and development, and without land many people are facing economic insecurity (Gilbert, 2013). Many conflict cases over land led to the prolonged conflict that claim many victims. This condition, then, has created several movements that claim land rights are human rights as happened in Brazil, Malaysia, Indonesia, and South Africa (Gilbert, 2013 & Cotula, …show more content…
The constitution and the BAL give enormous authority to the state to regulate and control of all the land in the region of Indonesia (reference). The land acquisition law only covers land acquisition for infrastructure projects such as road, railways, ports and airports, power plant, hospital, school, government office and telecom network. It is limited to government projects, however it allows government to partner with state owned enterprises and private
Land is a treasure on earth that in the entire history of human civilization unceasingly provide a complicated problem. This is logical, given that land is the most important factor in determining the production of every phase of civilisation (reference). The Indonesian government also has a lot of land problems, as a developing country that focuses on infrastructure development, the availability of land becomes very important. Unfortunately, the fast growing population in the country has led to the availability of land for development becomes very limited. Therefore, the government then issued land acquisition law number 2/2012, regarding land acquisition process …show more content…
In fact, under international law, there is no human right to land (Gilbert, 2013). However, the Universal Declaration of Human Rights (UDHR), after going through various discussions, declare that under article 17 of Universal Declaration “everyone has the right to own property” and “no one shall be arbitrarily deprived of his property” (UDHR, 1948). The main reason the declaration of property rights is because dispute in land rights are often the trigger of human rights violations. Land rights became the basis for humans to acquire access to food, housing, and development, and without land many people are facing economic insecurity (Gilbert, 2013). Many conflict cases over land led to the prolonged conflict that claim many victims. This condition, then, has created several movements that claim land rights are human rights as happened in Brazil, Malaysia, Indonesia, and South Africa (Gilbert, 2013 & Cotula, …show more content…
The constitution and the BAL give enormous authority to the state to regulate and control of all the land in the region of Indonesia (reference). The land acquisition law only covers land acquisition for infrastructure projects such as road, railways, ports and airports, power plant, hospital, school, government office and telecom network. It is limited to government projects, however it allows government to partner with state owned enterprises and private