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

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents