Analisis Hukum Pembebasan Tanah Berdasarkan UU No. 2 Tahun 2002 untuk Pembangunan Ibu Kota Nusantara serta Dampaknya terhadap Hak Masyarakat Lokal dan Adat

Abstract

The development of the Nusantara National Capital (IKN) is a strategic government policy aimed at promoting equitable national development, reducing the burden on Jakarta, and establishing a more sustainable center of governance. However, its implementation raises complex legal issues, particularly in land acquisition processes that directly affect the rights of local and indigenous communities. This study analyzes the legal aspects of land acquisition for IKN development and examines its impact on the protection of affected communities’ rights using a normative juridical method with statutory, conceptual, and descriptive approaches through literature review. The findings show that although legal frameworks such as the Basic Agrarian Law, Law No. 2 of 2002 on Land Acquisition, and Presidential Regulation No. 65 of 2022 exist, their implementation still faces challenges, including weak recognition of customary land rights, lack of transparency, inadequate compensation, and limited participation of indigenous peoples in decision-making. The dualism between state law and customary law also creates legal uncertainty for communities without formal land ownership evidence. Therefore, a more just, participatory, and transparent land acquisition mechanism is necessary to ensure that IKN development upholds the rights of local and indigenous communities while supporting social justice and sustainable national development.