Legal Study of Alternative Models of Land Procurement for Public Interest Development Viewed from Human Rights Perspective

Abstract

Purpose: This research addresses a prominent land-related challenge, specifically focusing on the issue of remedies during the land procurement process, which constitutes 7.65% of the overall concerns. Among the identified remedies (seven in total) applicable to land procurement for public interest development, a significant majority (87.5%) involves parties denying payment. This observation points to a noteworthy aspect: the government's neglect of human rights considerations within the land procurement process.   Methods: The study uses normative juridical and empirical methods, employing prescriptive analysis to understand the legal aspects of depositing compensation for public land acquisition. It utilizes legislative analysis, case studies, and interviews to qualitatively analyze data, aiming for comprehensive insights.   Results and Conclusion: The study advocates for a land procurement approach rooted in human rights principles. Such an approach encompasses the entire process, from initial planning to development, emphasizing the importance of respecting honor, dignity, and the fulfillment of rights to restore the lives of landowners. Alternative models are proposed, encouraging active involvement of relevant parties in the planning phase to comprehensively identify problems and collaboratively design future-focused solutions. Parties entitled to compensation are afforded the opportunity to contribute to determining the fair value of the land. In cases where mutual agreement cannot be reached, scheduled meetings provide a platform for entitled parties to present their grievances and obtain remedies essential for their sustenance. These remedies may include financial support for a specified duration. Consequently, parties entitled to compensation play a pivotal role in permitting the government to initiate development for the greater public interest, ensuring the fulfillment of their rights and well-being. This alternative model strives to establish a more equitable and participatory framework for land procurement, prioritizing and safeguarding the rights of all involved parties throughout the entire process.   Research implications: This research has several important implications for study and practical implementation in the field of land procurement. These implications include the need for legal reforms, a human rights-based approach, stakeholder participation, alternative compensation models, capacity building, comparative studies, and monitoring and evaluation. By considering these implications, policymakers and practitioners can work towards more equitable, sustainable land acquisition practices that respect the rights of all parties involved.   Originality/value: The originality and value of this research lie in its contribution to the understanding of land procurement processes and their implications for human rights and equitable development. The study offers fresh insights by identifying and analyzing the challenges and remedies encountered during land acquisition for public interest projects. The proposed alternative models and recommendations provide practical approaches to address these challenges, with a focus on stakeholder participation, fair compensation, and the integration of human rights principles. The research adds value to the existing literature by emphasizing the importance of considering human rights in land procurement and suggesting ways to improve the fairness and inclusivity of these processes. It serves as a basis for future studies and policy reforms aimed at promoting more just and sustainable land acquisition practices.