Harmonization Of Agrarian Law in The Resolution of Land Disputes in Reclamation Projects in Indonesia – AJHSSR

Harmonization Of Agrarian Law in The Resolution of Land Disputes in Reclamation Projects in Indonesia

Harmonization Of Agrarian Law in The Resolution of Land Disputes in Reclamation Projects in Indonesia

ABSTRACT : This study examines the legal framework of agrarian law concerning reclaimed land in Indonesia, as well as the efforts to harmonize existing regulations in order to achieve legal certainty and justice. Coastal reclamation, as a strategy to meet land demands resulting from population growth and development, raises serious issues due to the absence of clear provisions in the Basic Agrarian Law (UUPA) regarding the ownership status of reclaimed land. The regulatory inconsistency between the central and regional governments, as reflected in the cases of the Jakarta Bay and Benoa Bay reclamations, has triggered disputes involving the government, investors, and local communities, particularly indigenous coastal communities. From a legal perspective, this ambiguity generates legal uncertainty and risks undermining the rights of local communities. This study highlights the importance of regulatory harmonization, institutional restructuring of land governance, and the protection of indigenous peoples’ rights to ensure that reclamation projects are carried out in a fair and sustainable manner. In conclusion, the resolution of reclamation disputes must prioritize legal certainty, distributive justice, and ecological protection in accordance with the mandate of the 1945 Constitution.

KEYWORDS – Reclamation, Agrarian Law, Legal Certainty, Justice, Indigenous Communities