Legal - Political Analysis of Indigenous Relocation in Rempang : Between Agrarian Justice and the Shadow of Colonial Land Doctrine. (Study Of Land Tenure Conflict Between The Community And BP Batam)

The agrarian conflict in Rempang Island emerged due to the planned relocation of the indigenous Kampung Tua Rempang community by the Batam Development Authority (BP Batam) for development of Rempang Eco City, designated as National Strategic Project (PSN). The community rejected relocation, arguing that they have inhabited the land for generations prior to the establishment of the Batam Authority, despite lacking formal land ownership certificates. This study aims to : analyze the government's legal policy regarding relocation and assess whether the Rempang case reflects the colonial-era principle of Domein Verklaring, which treats land without proof of ownership as state property. This research uses a normative juridical approach, focusing on analysis of laws and regulations such as Basic Agrarian Law (UUPA) No. 5 of 1960, Presidential Decree No. 41 of 1973, Presidential Decree No. 28 of 1992, and Government Regulation No. 18 of 2021. The findings reveal that BP Batam lacks legal standing, as Land Management Rights (HPL) certificate for Rempang has not been issued, and legal requirements such as compensation, community consultation, and relocation have not been fulfilled. This relocation practice closely resembles Domein Verklaring and represents form of modern agrarian colonialism that contradicts principles of justice in Indonesia’s agrarian law.

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Publication Details

Journal
Journal of Law Politic and Humanities
Published
2025-09-20
DOI
https://doi.org/10.38035/jlph.v5i6.2326
Primary Topic
Legal and Policy Analysis in Indonesia
Type
article
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article

Legal - Political Analysis of Indigenous Relocation in Rempang : Between Agrarian Justice and the Shadow of Colonial Land Doctrine. (Study Of Land Tenure Conflict Between The Community And BP Batam)

Irawaty Irawaty, Suhadi Suhadi, Ilham Mustafa
Journal of Law Politic and Humanities
Legal and Policy Analysis in Indonesia
article

Legal - Political Analysis of Indigenous Relocation in Rempang : Between Agrarian Justice and the Shadow of Colonial Land Doctrine. (Study Of Land Tenure Conflict Between The Community And BP Batam)

Irawaty Irawaty, Suhadi Suhadi, Ilham Mustafa
article en

Abstract

The agrarian conflict in Rempang Island emerged due to the planned relocation of the indigenous Kampung Tua Rempang community by the Batam Development Authority (BP Batam) for development of Rempang Eco City, designated as National Strategic Project (PSN). The community rejected relocation, arguing that they have inhabited the land for generations prior to the establishment of the Batam Authority, despite lacking formal land ownership certificates. This study aims to : analyze the government's legal policy regarding relocation and assess whether the Rempang case reflects the colonial-era principle of Domein Verklaring, which treats land without proof of ownership as state property. This research uses a normative juridical approach, focusing on analysis of laws and regulations such as Basic Agrarian Law (UUPA) No. 5 of 1960, Presidential Decree No. 41 of 1973, Presidential Decree No. 28 of 1992, and Government Regulation No. 18 of 2021. The findings reveal that BP Batam lacks legal standing, as Land Management Rights (HPL) certificate for Rempang has not been issued, and legal requirements such as compensation, community consultation, and relocation have not been fulfilled. This relocation practice closely resembles Domein Verklaring and represents form of modern agrarian colonialism that contradicts principles of justice in Indonesia’s agrarian law.

Journal of Law Politic and HumanitiesVol. 5(6)
State University of Semarang (ID)
Openalex Percentile: Top 60%
Legal and Policy Analysis in Indonesia
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Legal - Political Analysis of Indigenous Relocation in Rempang : Between Agrarian Justice and the Shadow of Colonial Land Doctrine. (Study Of Land Tenure Conflict Between The Community And BP Batam) — Irawaty Irawaty, Suhadi Suhadi, et al. · Journal of Law Politic and Humanities (2025) | TGRS Research Map | TGRS