Legal review of rights to land through the beach reclamation

• Main Authors: Hasan, Hasbi, Sulhan, Sulhan
• Format: Conference or Workshop Item
• Language: English
• Published: 2017
• Subjects: K Law (General)
• Online Access: http://repo.uum.edu.my/24568/1/SICONSEM%202017%20113%20114.pdf; http://repo.uum.edu.my/24568/

Purpose - The reclamation project raises the pros and cons of the wider community, especially the communities or fishermen who are affected by their environmental and social impacts. The legal certainty of the construction of this reclamation project is still confusing even the suspicion of the wider community on the government’s alignment in legalizing the builder even on the basis of its usefulness. Positive oriented development is inevitable but reclamation implementation tends to be out of sync with regulatory and regulatory provisions such as the Spatial Plan; on the Protection and Management of the Environment, and on the Management of Coastal Areas and Small Islands, there is no Document Plan for Coastal Zone and Small Islands.The complexity of the impact of reclamation demands strong protests from various parties; environmentalists, academics and fishermen who feel disturbed the source of their livelihood even though the reclamation developers have provided answers with the principle of its benefits.Methodology - This research uses the normative juridical approach of legal research conducted by examining library materials or secondary data and primary data as complementary data.Legal material by examining theories, concepts, legal principles and legislation. Specification of this research is a descriptive analysis with case approach on land rights application process due to coastal reclamation in North Jakarta.Data analysis uses qualitative juridical analysis.Findings - The absence of legal certainty of the right of application for land either from the reclamation developer or from the applicant for community land (fishermen). An in-depth scientific study of land acquisition for reclamation has not been done, resulting in physical, biotic, socioeconomic and infrastructure impacts. The pollution aspect of marine waters as it is a construction activity in the form of seawater, the potential to cause granules to the surrounding waters, total suspended solids or suspended densities that disrupt the surrounding biota, this will potentially occur especially with fine materials. Reclamation activities will have an impact, namely the potential distribution of density of the urug material, so that the impact is not epektifnya fishing vessel fishing traffic.