Abstract

Based on Law No. 3 of 2022 concerning IKN, the Archipelago's National Capital City (IKN) development plan aims to progress through five distinct phases between 2022 and 2045. IKN's foundation requires the first phase, which is expected to occur between 2022 and 2024. An estimated 256,142 hectares of land are needed for the relocation of IKN from Jakarta Province to Kutai Kartanegara Regency in East Kalimantan Province and North Paser Penajam Regency. A significant concern arises as this area includes land owned by communities governed by customary law, who fear that the development of IKN may lead to the displacement of their lands. The assurance of land rights is vital for these communities, as it pertains to their livelihoods, biological conservation, and their cultural and group identity. This article seeks to explore strategies to mitigate land-related issues faced by customary law communities during the IKN development phase. The application of a qualitative methodology employing analytical descriptive techniques reveals a critical necessity for initiatives aimed at protecting Indigenous Peoples. Recommended actions include the finalization of the Indigenous Peoples Bill, the establishment of a legal entity for customary law communities, the formal recognition of these communities and their assets through Regional Regulations, the provision of alternative livelihood opportunities, the development of facilities for these communities, the resolution of land overlaps between IKN and customary lands, and, if necessary, the relocation of customary law communities within IKN.

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