HOUSING, LAND AND PROPERTY RIGHTS (HLP) AND TRANSITIONAL JUSTICE IN INDONESIA: 1998-2024
This research examines the complex relationship between Housing, Land, and Property (HLP) rights and transitional justice in Indonesia from the fall of Suharto in 1998 to 2024. During the initial stages of this transition, the need for transitional justice regarding HLP rights was recognized in the 1998 constitutional reform agenda. This was solidified when the People's Consultative Assembly adopted Resolution No. IX/2001 on Agrarian Reform and Natural Resource Management. However, issues related to HLP rights have remained contentious and largely unresolved.
This study investigates how attempts to address past injustices concerning HLP rights have succeeded or failed in alleviating grievances. It highlights both the symbolic and material aspects of justice in HLP claims, focusing on community-led advocacy aimed at rectifying past injustices related to customary land rights in Indonesia. Furthermore, this research explores how efforts to remedy these past injustices are impacted when the state halts or is unable to enforce transitional justice mechanisms. It also examines the tensions that arise between grassroots demands and state-led development agendas in the policymaking process surrounding transitional justice.
As an early stage of a Ph.D. research project on this topic, this paper will primarily focus on providing a literature review on the topic and will employ doctrinal research to analyze existing laws, regulations, and jurisprudence relevant to the legal framework, mechanisms, and institutional design of transitional justice concerning HLP rights in Indonesia. The findings emphasize the necessity for inclusive, culturally sensitive, and participatory frameworks that integrate HLP concerns into transitional justice processes.