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Research Paper Volume 8 Issue 1 272 - 282 January 14, 2025

Normative Law Regarding the Settlement of Land Disputes in The Capital City of Ibu Kota Negara (IKN) Nusantara, Indonesia

Lead author · Corresponding
Sri Sudarti
Student at Postgraduate School, University of Merdeka Malang, Indonesia
Co-author
Bonaventura Ngarawula
Professor at University of Merdeka Malang, Indonesia
View PDF Full text DOIhttps://doij.org/10.10000/IJLMH.118906
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.

Type
Research Paper
Information
International Journal of Law Management and Humanities, Volume 8, Issue 1, Page 272 - 282
DOI: https://doij.org/10.10000/IJLMH.118906
Creative Commons
CC BY-NC 4.0 This is an Open Access article distributed under the terms of the Creative Commons Attribution–NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.
Copyright
Copyright © IJLMH 2026
Disclaimer
The views and opinions expressed in this manuscript are those of the author(s) alone and do not reflect the views, policies, or position of the Journal.

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