DOI: 10.5176/2251-3809_LRPP19.189
Authors: Mr. Rudy Haposan Siahaan and Mr. Raja Fernandez Butar Butar
Abstract: Indonesia, as a country that has a land area of 1,904,569 square kilometers and is inhabited by humans consisting of 1,340 ethnic groups with a population of 269,000,000, is inseparable from conflict. This is where land has an important role in human life. Every person has an interest in controlling and owning land for the sake of life, business investment, and even speculation. The number of disputes and court cases to date concerning land total around 8,500 cases. Such disputes over land are related to not only individuals but also companies and government agencies. Many factors influence them so that these disputes are difficult to resolve. Frequently, land disputes are related to violations of human rights, so that the settlement of land disputes can be done with an approach to the form of human rights safeguards in the legislation concerning land. This problem pertains to the rights of the people who have had lands for many years, from generation to generation, which is also an integral part of universal human rights principles, as recognized, respected and protected by the state. This is evident in the provision of Article 28I Subsection (3) of the 1945 Constitution of the State of the Republic of Indonesia, which states: "the cultural identity and rights of traditional communities are respected in harmony with the development of times and civilizations". Furthermore, emphasized by Article 6 of Law Number 39 of 1999 on Human Rights, it is stated in Subsection (1): "in the context of human rights enforcement, the differences and needs of indigenous peoples shall be addressed and protected by law, society and government", and in Subsection (2): "the cultural identity of indigenous peoples, including the rights over communal lands, is protected, in harmony with the development of times". In the framework of agrarian reform, the government has prepared a bill on Land that regulates relations between the state, indigenous communities and people and land. The bill on Land is based on the philosophy of the Basic Agrarian Law (Undang-Undang Pokok Agraria / UUPA) Number 5 of 1960 which is based on Article 33 Subsection (3) of the 1945 Constitution, and the basic principles of UUPA developed and strengthened are in accordance with the principles of agrarian reform in accordance with Decree of the People’s Representative Assembly of Indonesia Number IX/MPR/2001 on Agrarian Reform and Natural Resource Management. The principles of agrarian reform are to respect and uphold human rights in order to realize justice.
Keywords: Dispute, Land, Laws, Human Rights
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