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September 30, 20250 citationsOpen Access

The Legal Protection in the Process of the Compensation for Land Procurement for the Construction of the Batam-Bintan Bridge

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AAAminah AminahZSZhilla Permata Radela Sukma

Key Points

  • The compensation process for land rights holders generally complies with Law Number 2 of 2012, ensuring some level of justice.
  • Local communities faced negative impacts, including eviction, leading to opposition against the compensation amounts proposed.
  • Socio-legal research methods were employed, using empirical and case study approaches to evaluate the compensation process.
  • Absence of meaningful dialogue during negotiations limits the effectiveness of legal protections for affected communities.

Abstract

Abstract Every development activity in Indonesia is required to uphold the principle of sustainable development as mandated by Article 33(4) of the Indonesian Constitution, which emphasizes the balance between economic, social, and environmental goals. This principle also applies to land acquisition processes for infrastructure projects undertaken in the public interest, such as the construction of the Batam–Bintan Bridge. However, land acquisition for this project has had negative impacts, including the eviction of local communities— some of whom oppose the process due to perceived injustice. Although such evictions are legally permitted under Law Number 2 of 2012, the revocation of land rights must be accompanied by fair and just compensation to ensure the protection of affected communities. This research aims to examine the compensation process for land rights holders who object to the compensation amount and to assess the legal protection afforded to them. Employing a socio-legal research method with empirical and case study approaches, the study finds that the compensation process has generally complied with Law Number 2 of 2012 and reflects the principle of justice through compensation based on verified physical and juridical data. However, the process lacks adequate preventive legal protection due to the absence of proper deliberation procedures. There is no meaningful dialogue or negotiation regarding the compensation value. Therefore, the study recommends that future land acquisition processes ensure comprehensive deliberation and meaningful participation to reach fair agreements with affected communities.

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Cite This Study

Aminah et al. (2025) studied this question.

synapsesocial.com/papers/68dc1e438a7d58c25ebb22echttps://doi.org/10.1088/1755-1315/1537/1/012036
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