Legal Politics of Handling the Social Impact of Land Acquisition: The Paradox between State Hegemony and the Rights of Indigenous Communities

Abstract

National development through National Strategic Projects (PSN) in Indonesia often raises issues of land acquisition, particularly when it intersects with customary territories. Although the constitution recognizes the rights of indigenous peoples, its implementation in sectoral policies remains weak. Presidential Regulation No. 78 of 2023, which regulates the handling of the social impacts of land acquisition, is seen as reinforcing state dominance over customary lands and disregarding customary rights. This regulation is seen as formal legitimization for the expropriation of customary land in the name of national interests, while benefiting elite groups such as investors and oligarchs. This study aims to analyze the legal politics of Presidential Regulation No. 78 of 2023 regarding the recognition of customary rights, as well as to examine its legal and sociological implications in the context of agrarian conflicts. The method used is normative legal research with a legislative and conceptual approach. The findings show that this regulation weakens the protection of indigenous peoples' rights and exacerbates agrarian conflicts, depriving indigenous communities of access to justice. The results of this study are expected to provide conceptual contributions to more equitable agrarian policy reform and promote a balance between national development and respect for the traditional rights of indigenous peoples.