Human Rights Violations in Indonesia’s National Strategic Development Project

  • Siti Rakhma Mary Herwati Indonesian Legal Aid Foundation (YLBHI)
  • Pascal David Wungkana Manado Legal Aid

Abstract

The Indonesian Legal Aid Foundation has identified several typologies of structural land cases. One of them is land cases concerning the development of infrastructure projects. In recent years, the government has intensified particular infrastructure projects by designating them as National Strategic Projects (PSN). The designation of certain locations for these National Strategic Projects often overrules the consent of local communities who will be affected by the project. Some cases of infrastructure project development have occurred and impacted such communities. This paper will explicate how the accelerated development of infrastructure projects through the issuance of the Presidential Regulation on National Strategic Projects in 2016 and 2017 have violated community rights to land, the environment, and other human rights. The author will reveal the violation of these rights through examining cases on the construction of the Bener Dam in Central Java and the development of Bitung Toll Road in North Sulawesi. This paper projects one main finding that the government did not use the right to development approach and public needs-based approach in carrying out the project developments. Violations on a couple cases of development, such as Bener Dam and Bitung Toll Road, strengthen the analysis of governmental arbitrariness on conducting PSN in Wadas and Bitung.

Published
2023-09-30
How to Cite
HERWATI, Siti Rakhma Mary; WUNGKANA, Pascal David. Human Rights Violations in Indonesia’s National Strategic Development Project. Indonesian Journal of Law and Society, [S.l.], v. 4, n. 2, p. 150-181, sep. 2023. ISSN 2722-4074. Available at: <https://jurnal.unej.ac.id/index.php/ijls/article/view/43006>. Date accessed: 22 nov. 2024. doi: https://doi.org/10.19184/ijls.v4i2.43006.

Most read articles by the same author(s)

Obs.: This plugin requires at least one statistics/report plugin to be enabled. If your statistics plugins provide more than one metric then please also select a main metric on the admin's site settings page and/or on the journal manager's settings pages.