Adrian Fernando, Partner of IGNOS, Released His New Journal titled “Land Procurement for the Development of Nusantara Capital City: A Note According to the John Rawls’ Theory of Social Justice”
27 October 2023
Get the insights through IGNOS’ Partner, Adrian Fernando, through his dedicated journal on land procurement for the development of Nusantara Capital City, published by Ministry of Agrarian and Spatial Plan/National Land Agency.
Jakarta, 13 September 2023 – Adrian Fernando, a Partner of IGNOS, wrote his literature research into a journal, published by Jurnal Pertanahan from Pusat Pengembangan dan Standarisasi Kebijakan Agraria, Tata Ruang dan Pertanahan of Ministry of Agrarian and Spatial Plan/National Land Agency.
In his study, Adrian mentioned that land procurement is the implementation of the social function as stipulated under Law No. 5 of 1960 on the Basic Agrarian Principles (UUPA), where the implementation of providing land for public interest is carried out by giving fair replacement value to the society affected by land procurement. One of the public interest developments currently undertaken by the government is the development of Indonesia’s new capital city in Penajam Paser Utara, East Kalimantan, under the name of “Nusantara” (IKN), which uses land procurement as one of its mechanisms to acquire the lands.
Adrian emphasized that, in addition to providing fair replacement value to the society, the social function also mandates that the results of development where land is acquired using land procurement mechanisms must provide benefits to the society whose land is affected by the land procurement. This emphasis aligns with the thinking of John Rawls, where the balance of interests between all parties involved is a value of social justice as John Rawls advocates in his theory of social justice.
Adrian concluded that although, from a legal standpoint, the implementation of land procurement in IKN is contrary to the meaning of social functions, government development projects must proceed, even in the face of criticism, disputes, or objections from other parties. To provide a sense of justice, Adrian also suggests that the government and/or the IKN Authority shall issue regulations that require the contribution of business actors to the region and local society and ensure the minimum use of local labor.
Please download the journal here.
Jakarta, 13 September 2023 – Adrian Fernando, a Partner of IGNOS, wrote his literature research into a journal, published by Jurnal Pertanahan from Pusat Pengembangan dan Standarisasi Kebijakan Agraria, Tata Ruang dan Pertanahan of Ministry of Agrarian and Spatial Plan/National Land Agency.
In his study, Adrian mentioned that land procurement is the implementation of the social function as stipulated under Law No. 5 of 1960 on the Basic Agrarian Principles (UUPA), where the implementation of providing land for public interest is carried out by giving fair replacement value to the society affected by land procurement. One of the public interest developments currently undertaken by the government is the development of Indonesia’s new capital city in Penajam Paser Utara, East Kalimantan, under the name of “Nusantara” (IKN), which uses land procurement as one of its mechanisms to acquire the lands.
Adrian emphasized that, in addition to providing fair replacement value to the society, the social function also mandates that the results of development where land is acquired using land procurement mechanisms must provide benefits to the society whose land is affected by the land procurement. This emphasis aligns with the thinking of John Rawls, where the balance of interests between all parties involved is a value of social justice as John Rawls advocates in his theory of social justice.
Adrian concluded that although, from a legal standpoint, the implementation of land procurement in IKN is contrary to the meaning of social functions, government development projects must proceed, even in the face of criticism, disputes, or objections from other parties. To provide a sense of justice, Adrian also suggests that the government and/or the IKN Authority shall issue regulations that require the contribution of business actors to the region and local society and ensure the minimum use of local labor.
Please download the journal here.
