National Human Rights Instruments in Indonesia in the Process of Land Acquisition for Development in the Public Interest

Abstract

One of the state's efforts in realizing public welfare is through development for the public interest. Land needed by the state as a location for development for the public interest sometimes contradicts those who are entitled to the land. to response to this, the state’s can carry out development in the public interest, a rule is drawn up that regulates how land which is a development area can be acquired in order to achieve development goals. However, does the regulation provide space for the community to act according to their beliefs and rights? The research method uses a normative approach, namely studying normative law (applicable regulations). The normative legal review includes regulations on land acquisition for public purposes related to human rights legal instruments as stated in Law No. 39 of 1999 and two international covenants which have been ratified through Law No. 11 of 2005 concerning the International Covenant on Economic, Social and Cultural Rights and Law No. 12 of 2005 concerning the International Covenant on Civil and Political Rights.