in the interests of the prosperity of the Indonesian people. However, sectoral
arrangements on land use policy and the application of State land law often
undermine people’s interests in practice. Sectoral arrangements are regulated
by the State through sectoral law, such as Law No.26/2006 on Spatial Planning,
Law No. 41 of 1999 on Forestry, Law No. 18 of 2003 on Plantation, Law No. 7 of
2004 on Water Resources and Law No. 27 of 2007 on Management of Coastal
Areas and Small Islands. In addition, there is Law No. 2 on the Land Acquisition
for Public Interest and the Presidential Regulation No. 71 of 2012 that provides
some clarification on land acquisition for public interest. This law lists public
places which fall under the category of this law namely: roads, toll roads, railways,
stations, public communication facilities, etc. Both regulations impose an
obligation on all institutions that want to acquire land for public infrastructure,
to formulate land-acquisition documents, which consist of planning, spatial
suitability, land location, land area, land status, and land appraisal estimates.
All these sectoral laws contain problems such as unclear mechanisms for
land acquisition by plantation companies, overlapping allocation of areas for
different purposes, and failure to recognise the customary law. The plantation
law, before being reviewed by the Constitutional Court, has been used by
companies to criminalize peasants. The plantation law allows a 95-year leasing
period and denies land restitution when the lease expires. In summary, overlaps
and contradictions between national laws, the Constitution, and international
law is one of the main sources of land conflicts in Indonesia.
Remedies for land conflicts between communities and corporations
Judicial mechanism. Commonly, people use litigation to claim their
rights in land disputes to seek compensation, and to challenge
government policies and permits on land utilisation and rights granted
to corporations.
r Administrative court. The administrative court is a redress mechanism
frequently used by indigenous peoples, in particular, to challenge
plantation business permits and land utilization rights granted by local
governments to palm oil corporations.
r Civil court. The civil court may also serve as an avenue to access
remedies, for instance by utilizing Article 1365 of the Indonesia Civil Code,
which states that in any illegal action that caused damage to others, the
r
56
Upholding Land Rights amidst the Land Rush
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