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Journal of critical reviews 166
Journal of Critical Reviews
ISSN- 2394-5125 Vol 7, Issue 5, 2020
Review Article
INVESTMENT AND LAND CONFLICT IN INDUSTRIAL AREAS IN INDONESIA
Supriadi¹, Asmadi Weri² dan Dewi Kemala Sari3
¹Faculty of Law, Tadulako University JalaSoekarno-Hatta Km.9, Tondo, Palu, Central Sulawesi, 94148, Indonesia
Email : hjsupriadi2757@gmail.com
² Faculty of Law, Tadulako University JalanSoekarno-Hatta Km.9, Tondo, Palu, Central Sulawesi, 94148, Indonesia
Email : as_weri@yahoo.com
3 Faculty of Law, Tadulako University JalanSoekarno-Hatta Km.9, Tondo, Palu, Central Sulawesi, 94148, Indonesia
Email : dewi_synester@yahoo.com
Received: 05.01.2020 Revised: 08.02.2020 Accepted: 12.03.2020
Abstract
Industrial development in the era of globalisation cannot be avoided because it is demanded due to the dependence of one country on
another. This connection is a necessity in establishing harmonious relations between one State and another. Development policies that
rely on development in the industrial area are related to investment, both domestic capital and foreign capital. Development in the
industrial area as a process activity towards the realisation of development goals as contained in the fourth paragraph of the Preamble of
the 1945 Constitution of the Republic of Indonesia requires a policy that combines industrial development and land use. Therefore, the
issue of land is an issue that is of the essence that really determines the success of economic development, especially development in the
industrial area. Development in industrial areas often experiences conflicts of interests between citizens and companies, and citizens and
the Government. If investment issues and land conflicts in industrial areas are not handled by the government, this will be a trigger for
residents to resist the industrial companies. To overcome this, a regulatory approach, a case approach and a concept approach supported
by analyses using the theory of authority, general principles of good governance and progressive law. These three theories are related to
land law that is made for the welfare of the community, especially people who own land.
Keywords : investment, land conflicts, industrial areas, Indonesia
© 2019 by Advance Scientific Research. This is an open-access article under the CC BY license (http://creativecommons.org/licenses/by/4.0/)
DOI: http://dx.doi.org/10.31838/jcr.07.05.27
BACKGROUND
The objectives of the State of Indonesia listed in the fourth
paragraph of the Preamble of the 1945 Constitution of the
Republic of Indonesia are the foundation for the government in
carrying out development in all sectors. States the aim of the
Indonesian State, namely: (i) to protect the entire Indonesian
nation; (ii) to advance public welfare; and (iii) to intellectualise
the life of the Indonesian people. These three Indonesian
development goals are summarised in the opening paragraph of
the 1945 Constitution, with the ultimate goal of providing
prosperity for all Indonesian people. To achieve these objectives,
economic development is needed, especially the development of
industrial zones aimed at equally increasing economic growth.
One of the development policies that is expected to be able to
achieve this, namely, relying on the development of industrial
areas, is associated with investment, both domestic capital and
foreign capital. To attract investors, the government issued a
policy in the investment sector by making Law Number 25 of
2007 concerning Investment.
Facilities related to investment in Indonesia are in accordance
with Article 21 of Law Number 25 Year 2007, which states that
investors who will invest their capital in Indonesia will be
provided with facilities, such as land acquisition, immigration
and import. The facilities related to land are regulated in Article
22 of Law Number 25 Year 2007 in the form of granting building
use rights as part of the provisions stipulated in Article 22
paragraph (1) of the Basic Agrarian Law of 1960 which is the
basis for granting land for industrial development activities in
Indonesia. Specifically, for the development of industrial zones,
regulated in Law Number 3 of 2014 concerning Industry in
Article 63 and Article 108, the government provides licencing
facilities for companies in the development of industrial zones in
Indonesia, especially for foreign investors. The provisions of
Article 63 and Article 108 of Law Number 3 of 2014 are followed
up by Government Regulation Number 142 of 2015 concerning
Regions (Industrial Areas) that regulate the establishment of
business entities that specifically handle Indonesian industry,
which can be carried out by state-owned enterprises (SOEs),
private companies and cooperative or limited companies.
Industrial development as part of the government's development
policies in the economic field has a close relationship with
policies in the field of land. Following this policy, the Ministry of
Industry in 2013 succeeded in developing 74 Industrial Estate
areas with a distribution composition of 55 industrial areas on
Java, total land area (22,795.90) hectare; 16 industrial areas on
Sumatra Island, land area (4,493.45) hectare; 1 industrial area on
Kalimantan Island, land area (456 hectares); and 2 industrial
areas on Sulawesi Island, land area (2,203) hectares. Thus, there
are 74 industrial areas with control of 485,492, 35 ha (four
hundred eighty-five thousand four hundred ninety-two thousand
point thirty-five) hectares.
Such a broad picture of land controlled by companies in the
industrial areas is an indication of the accumulation of land in a
handful of people in Indonesia. Sociologically, this will create
jealousy in the community, especially if the companies have the
convenience to obtain land rights for industrial interests, while
the process is long and convoluted for residents to take care of
their land certificates. The issue of land ownership inequality is
one of the factors triggering massive land conflicts in Indonesia.
This is in accordance with the report of the Agrarian Reform
Consortium in 2017, which concluded that: ‘659 incidents of
agrarian conflicts have occurred in various regions and provinces
in the country with an area of 520,491.87 hectares’. The conflict
involved around 652,738 households, and agrarian conflicts
INVESTMENT AND LAND CONFLICT IN INDUSTRIAL AREAS IN INDONESIA
Journal of critical reviews 167
ranked highest, namely: plantations with 208 conflicts (32%),
both property sectors with 199 conflicts (30%) and third,
infrastructure sectors with 94 conflicts (14%) and agrarian
conflicts with industry and industrial estates, categorised as
infrastructure development.
Industrial area development in the era of globalisation cannot be
avoided because it is demanded due to the dependence of one
country on another. This connection is a necessity in establishing
harmonious relations between one State and another. H. Mustofa
and Suratman said that: ‘In order to ensure the continuation of
the long-term economic development process with a high and
sustainable economic growth rate, Indonesia cannot only rely on
the agricultural sector without the industrialisation process’.
Although industrialisation is important, it needs to be recognised
that industrialisation is not an end in itself, but only one of the
strategies adopted to support the process of economic
development in order to achieve prosperity of the people of
Indonesia with social justice’.
Development of Industrial Estates as a process towards the
realisation of development objectives as contained in the fourth
paragraph of the Opening of the 1945 Constitution of the
Republic of Indonesia requires a policy that combines industrial
development and land use. Therefore, the issue of land is an issue
that is of the essence that will determine the success of economic
development, especially the development of Industrial Estates.
The issue of land is related to the human dignity of individual
beings and social beings. Maria S.W Sumardjono said that: As a
basic right, land rights are very meaningful to a person's
existence, freedom, and dignity as a human being. Fulfilment of
these basic rights is a prerequisite for the growth and
development of political rights, because control of a piece of land
symbolises the values of honour, pride, and personal success.
Political democracy can develop more easily among those who, in
addition to having a job, also have access to land resources’.
In Maria S. W. Sumardjono’s view , the land problem was not only
a people's problem but also an economic, democratic and
political problem. The extent of the impact arising from the use of
land is such that we need a policy that views the community and
entrepreneurs as having mutual need, while the Government is in
a neutral position that will provide balanced decisions. Economic
development by encouraging the development of Industrial
Estates is something that cannot be rejected in the era of
globalisation. Sri Hajati said that: ‘because economic
development has encouraged the development of land values,
land is no longer functioning as a factor of production but is
determined as a means of investment and speculation. Economic
globalisation has raised the desire and demand to eliminate
national boundaries in land ownership. Economic globalisation
has also encouraged ownership and transfer of land rights based
on further market mechanisms, and this has led to an
increasingly uneven land ownership. The gap between the
mandate of the Basic Agrarian Law and the reality above has
resulted in scarcity and deterioration of land quality, lack of
people's access to owning and utilising land, increased land
conflicts, especially structural conflicts, and the urgency of
customary community rights. Thus, the Basic Agrarian Law needs
fundamental changes.’
The developing economic globalisation has opened up the
barriers of economic values, culture and traditions that exist in a
country, especially Indonesia, so that the secrecy that is owned
by the State has been threatened as well. One of the results
produced by economic globalisation is a new economic concept
that is based on the development of industrial areas that gave
birth to the concept of industrialisation. According to Maria S. W.
Sumardjono: ‘In the process of industrialisation as an inevitable
symptom in the development of our country, three actors are
present in various economic activities, namely, the
State/government, the private sector, and the community, each
of which has a different bargaining position because of the
difference in access to capital and political access with respect to
natural resources in the form of limited land. An unbalanced
bargaining position between the community and the private
sector is further strengthened by the authority of the policy
maker to design policies that are common to the interests of such
small groups of people in efforts to control and use land’.
BLEGAL METHODS AND RESEARCH
Research Method
This research is a normative legal research that relies on the
search for ‘truth coherence’, which is a truth that is based on the
suitability between those examined and the rules applied. Peter
Mahmud Marzuki said that legal research is a process to find the
rule of law, legal principles and legal doctrines to answer the
legal issues at hand. This is consistent with the perspective
character from sui generis jurisprudence.
Problem Approach
The study uses three approaches as a tool to analyse the
problems contained in the study, including:
1. Concept approach (conceptual approach), which is an
approach that is used in an effort to find ideas that will
produce a legal concept and argument related to the
occurrence of land cases in Indonesia that are related to the
development of industrial zones in Indonesia.
2. Statute approach, which is an approach to analyse all laws
and regulations relating to this research; namely,
agrarian/land law, investment law and industrial law.
3. Case approach, which is an approach that finds legal reasons
used to examine land cases that often lead to clashes at the time
of execution. Ratio decidend, becomes the most decisive
argument in the disclosure of the background of the frequent
clashes in the resolution of land cases in Indonesia.
Legal Materials
Legal review (rechtsbeoefening) in this type of research
originates from positive law studies that cover three layers of
legal science; namely, legal philosophy, legal theory and dogmatic
law. This research will systematise primary and secondary legal
materials. Peter Mahmud Marzuki said that the primary legal
material is legal material meaning that has authority. Primary
legal materials consist of: the 1945 Constitution of the Republic
of Indonesia, statutory regulations, official records of minutes of
legislative regulations and judges' decisions. Secondary legal
material is in the form of all legal publications that are not official
documents, such as publications on law, including textbooks,
legal dictionaries, legal journals and comments on judicial
verdicts.
Processing and Analysis of Legal Materials
All sources of legal materials, both primary and secondary, that
have been collected in this study will be processed with an
analysis approach in accordance with the nature and character of
normative legal research. Primary sources of legal materials are
processed by carrying out an inventory of positive laws, both in
the form of laws and regulations and all other regulations that
have to do with this research. On the other hand, secondary legal
sources are processed by searching library legal materials
(literature studies) that are related to this research. Processing of
primary and secondary legal materials will use legal reasoning by
using the deductive-inductive method and by using
interpretations to be able to find answers to legal issues or legal
issues raised in this study. Interpretation is an integral part of
reasoning because talking about positive law, it will be related to
words, and positive law is a string of words into sentences. In
legal terminology, there are several interpretations, namely:
grammatical interpretation, systematic interpretation, historical
interpretation, comparative interpretation, anticipatory
interpretation, and teleological interpretation. Philipus M.
Hadjon stated their respective meanings as follows: (1)
INVESTMENT AND LAND CONFLICT IN INDUSTRIAL AREAS IN INDONESIA
Journal of critical reviews 168
grammatical interpretation: interpret a legal term or sentence
according to everyday language or legal language; (2) systematic:
with the system of rules as the starting point, interpret the
provisions of a law; (3) historical interpretation traces the
intention of forming the law as a interpretative historical in
terms of finding answers to a legal issue by tracing legal
developments (rules) called rechtshistorische interpretative; (4)
comparative interpretation of law: endeavouring to resolve legal
issues based on rules of subordinate legal systems; (5)
interpretation of anticipation: answer a legal issue based on a
rule that is not yet valid; and (6) theological: every interpretation
is basically theological.
Referring to these six interpretations above, three are relevant,
and if related to the case in Indonesia, especially in Uso Village,
Batui District, Banggai Regency, namely: (i) grammatical
interpretation; (ii) systematic interpretation; and (iii) theological
interpretation. Grammatical interpretation (language) is used to
resolve conflicts or conflicts between norms that occur between
legislation; systematic interpretation is used to see the
systematisation of legislation regulations, while theological
commentaries are used to see that land cases are cases related to
humanity and to the provisions relating to the divinity listed in
the scriptures as rules governing human life. Normative legal
research continues to use cases as legal facts, not as data. Using
data as a sample is not suitable because it seeks the value of truth
and fairness, which is not determined by quantity, but by quality.
DISCUSSION
The Concept Of Authority And The Welfare State
Indonesia is a country that has abundant natural resources that
have a selling value for investment activities related to industrial
development. Some of the business activities related to the
utilisation of natural resources are mining, oil and gas, forestry,
fisheries and so on. The wealth of natural resources in Indonesia
is the property of the Indonesian people, and their allocation is
regulated by the State. The involvement of the State
(government) as the bearer of the authority mandated by Article
33 (3) of the 1945 Constitution, which concerns the natural
resources contained in the Indonesian earth, is the property of
the Indonesian people, including land. Therefore, the
involvement of the state in regulating the natural resources
contained in the Indonesian earth is the responsibility of the
highest organisation in the State of Indonesia, which aims to
provide authority to regulate natural resources, especially land.
The nature of the authority the state is given is to regulate
natural resources, including the use of land, as much as possible
for the prosperity of the people. The concept of state involvement
in the use of land, regulated further in Article 2 of the Basic
Agrarian Law of 1960, consists of four things, namely: (i) the
state controls the land in the entire territory of the Republic of
Indonesia; (ii) the state is authorised to determine, regulate and
administer legal relations between people over the land; (iii)
state regulation of land is used for the greatest possible
prosperity of the people, in the sense of nationality, welfare and
independence in society for an independent sovereign and
prosperous Indonesian law state; and (iv) the state can delegate
land authority to the autonomous regions (local government)
and customary law communities only for land needs, but this
cannot conflict with national interests.
The authority of the state to regulate land matters is granted by
the 1945 Constitution and the Basic Agrarian Law of 1960, in
which the authority is concerned with the terminology of ‘the
state as controlling’, not as the ‘owner’ of the land concerned. The
presence of the state as the highest authority of all people has an
intrinsic meaning as a mediator in regulating the land needed by
the people in the Indonesian state, so that there is no conflict of
interest between the people concerned. The terminology of
authority in Article 2 of the Basic Agrarian Law means ‘power’
and, according to Franz Magnis-Suseno citing Max Weber's view,
thatis ‘institutionalised power’; that is, power which not only de
facto controls but also has the right to control. Authority is the
power that has the right to demand obedience, so it has the right
to give orders. Power is the ability to, in a social relationship,
carry out one’s own will despite resistance, and whatever the
basis of this ability.
Referring to Max Weber's view as quoted by Magnis-Suseno
above, the important point is that authority is related to power,
and power is aimed at demanding obedience. Obedience basically
has the power to give orders. In addition, it turns out that power
is also related to the ability of social relations, and carries out its
own will despite resistance. Based on the view of authority
related to Max Weber's ideas, this is a real view today, this is
related to evictions that occurred in Uso Village, Batui
Subdistrict, Luwuk Regency and Central Sulawesi Province in
which the people were evicted because their land was needed for
oil refinery industry development. This oil refinery plant is
managed by PT. Senoro LNG, a Japanese joint venture with
Indonesia.
The concept of state authority in regulating land issues in
Indonesia, especially in industrial areas, has implications for the
concept of authority that originates in state administrative law as
the law governing the relationship between government and
society. Hanc van Maarseeven, as quoted by Philipus M Hadjon,
said that: ‘authority (beveoghied) is described as legal power
(rechsmacht). So, in the concept of public law, authority is
related to power. There are three elements of authority as a
concept of public law, namely: 1. Effect: the use of authority is
intended to control the behaviour of legal subjects; 2. Legal basis:
that authority can always be shown the legal basis; 3.
Conformity: implies the existence of authority standards, namely
general standards (all types of authority) and special standards
(for certain types of authority)’. Therefore, the authority of the
Government in making policies still refers to the general
principles of good governance, one of which is contained in the
concept of the welfare state.
Associated with the concept of authority relating to the concept
of state administrative law, as quoted by Phlipus M Hadjon
quoting Hanc van Maarseeven's opinion, is that authority is
described as legal power. The legal power is fully related to three
elements, namely: influence, legal basis and confirmation. Thus,
the authority related to the Government's function in regulating
land matters depends entirely on the three elements of the
relevant authority. The authority related to land matters also
experiences a development and dynamics regarding the
condition of the Indonesian people in carrying out development
in all lines of community life.
The concept of a welfare state (welfare estate) is a concept of a
state that began to develop along with an increasingly broad role
of the state in managing or regulating all aspects of people's lives
in a country. The concept of a welfare estate state, a concept of a
country characterised by a socialist state, developed in the 19th
century. According to Jimly Assiddiqie, 'the idea of the welfare
state is the influence of the understanding of socialist ideas that
developed in the 19th century, which was popular at the time as
a symbol of resistance to the colonialists who were Capitalist
Liberals’. While Bagir Manan, as quoted by Helmi, said that: ‘in
the case of welfare, the government is the main’ bearer ‘of
primary responsibility for realising social justice, public welfare,
and the greatest prosperity of the people. The responsibility of
this country is as contained in the opening of the 1945
Constitution of the Republic of Indonesia’.
Related to the concept of the welfare state introduced by the
Constitution of the Republic of Indonesia in 1945, specifically its
implementation, the fourth paragraph of the Preamble provides
the state's objectives, namely: ‘protecting, advancing, educating
and general welfare are the four most essential objectives for the
INVESTMENT AND LAND CONFLICT IN INDUSTRIAL AREAS IN INDONESIA
Journal of critical reviews 169
Indonesian people’. These four essential objectives are the
responsibility of the state to manifest and the phrase ‘protect’ all
Indonesians and ‘advance’ general welfare are key words that
become mandatory for the state or government. The word
protect is related to state protection of: (i) mental well-being and
(ii) property. Meanwhile, the words promote public welfare are
related to the state's obligation to protect and safeguard the
assets owned or controlled by the state or government so that
they are not disturbed by other interests for the welfare of the
Indonesian state, one of which is ‘land’.
Issues related to the concept of the welfare state are then linked
to the existence of agrarian resources as part of the collectivity of
the community. In community terms related to agrarian subjects,
Felix Sitorus stated that: ‘agrarian subjects are divided into three
communities, namely, society (as a unit of household units),
government (as state representation) and private (private
sector). The three agrarian subjects have ties to agrarian sources
through tenure institutions. The pattern of relations will give rise
to the socio-economic interests of each subject regarding the
control/ownership and utilisation of these agrarian resources.
The form of social relations or agrarian social relations originates
from access (control, ownership, use) of agrarian resources’.
Agrarian sources thus basically consist of three communities,
namely: society, the private sector and the government, which
will become a problem if the interests of land needs are not taken
seriously. The three agrarian sources concerned in relation to
agrarian/land will have views with different perceptions, and
this is where the presence of the state or government
understands all three essentially. The community is in a weak
position because access to land policy is very limited and the
community is only focused on the use of land to meet their daily
needs, while the private sector community is no longer a capital,
but instead has become a commodity. The government position,
which is expected to be an intermediary, instead makes land part
of the policy to take land for development purposes because
state land (land controlled by the state/government) in the city is
very limited. Thus, the existence of the government as a
supervisor is instead trapped in favour of the private community,
thus triggering land conflicts in industrial areas in Indonesia.
Good Governance Concept
The concept of general principles of good governance is a
determining factor in realising the objectives of the welfare state,
including those adopted by Indonesia in accordance with the
mandate of the opening of the fourth paragraph of the 1945
Constitution. Therefore, the Government as the organiser of the
State must obey the concept of general principles, the good
governance, as a benchmark in resolving land conflicts that occur
in Indonesia. The four essential values of the Preamble of the
1945 Constitution have been set forth in the Fundamental
Thoughts, namely: a. Laws that have the character to protect the
entire Indonesian people based on unity in the context of
realising social justice for all Indonesian people. This means that
all indicates individuals, and individuals are summarised by
keeping in mind their individuality, while all indicates that
individuality is eliminated and all of them will be summarised as
a single whole; b. Laws that are able to realise social justice for all
people; c. Laws originating from the people and containing a
democratic nature; and d. Laws that are based on the Almighty
God.
The relationship between the concepts in the fourth paragraph of
the Preamble to the 1945 Constitution is a connection that will
determine the journey of the Indonesian people going forward.
Out of 17 general principles of good governance, if related to
investment and land law conflicts in industrial regions in
Indonesia, that are suitable are those of: (i) accuracy; (ii) honesty
and openness; (iii) legal certainty; (iv) sensitivity; and (v) good
faith. The five principles will become the knife of analysis of
‘Investment and Land Conflict in the Industrial Area in
Indonesia’. If the Government fails to implement the three pillars
of the principle, then the issue of land conflicts in the industrial
area will continue.
Progressive Law Concept
Settlement of land conflicts related to investment in industrial
areas in Indonesia, with the approach of the concept of the
welfare state and the general principle of good governance, also
require the use of a progressive legal concept, which was
initiated by Satjipto Rahardjo. Satjipto Rahardjo's idea of
progressive legal concepts states that: ‘progressive law rejects
the prioritisation and excellence of legal science that works
analytically (analytical jurisprudence), that is, that puts forward
“rules and logic". The analytical way of working in the realm of
positive law will not help the law to bring Indonesia out of a
significant slump. Progressive law prefers the flow of realism and
the use of optical sociology in carrying out the law’.
Referring to the view of Satjipto Rahardjo, progressive law is law
that sees the reality of people's interests as the main objective of
the law. During this time, the law is written as a positive law that
relies on regulations and logic, so that human activities that
violate regulations and logic violate the law. Therefore, departing
from the problematic concern of the land as a problem of life and
humanity, the concept of law, according to Satjipto Rahardjo, is
namely that, ‘progressive legal movements also set broader
goals, namely human welfare and happiness. Also, the
reconstruction of basic concepts, such as ‘law for humans’ and
‘justice over regulations’, will influence and have an impact in
many sectors.
Shifting the dynamics of the development of a country, which in
essence will also have implications for the continuity of the law
or legislation, is a guide in the nation and state and society. The
written law as a statutory regulation is the idiom and
determinant of all the problems of the nation, state and society,
so that the state or government is forced to make policies in the
form of laws and regulations, where the regulations involve
firefighters that will extinguish the problems that occur in the
community. In addition, regulations (laws) are used as a
determinant to measure whether a person is guilty of carrying
out an action. Meanwhile, humans in carrying out an act that
violates the law may not do so deliberately, but it may be due to
the interests of others, and this is not able to be reached by the
rules.
In Indonesia, as a consequence of the rule of law as stated in the
1945 Constitution, it is fitting to carry out a reconstruction of the
meaningfulness of written law (legislation) as a law used as a
knife for analysis of problematic law, especially land law which is
a burden on the Indonesian state today. Therefore, it is
appropriate if the government adopts the concept of ‘progressive
law’ according to the views of Satjipto Rahardjo. Satjipto
Rahardjo said that: ‘progressive law rejects the prioritisation and
excellence of legal science that works analytically (analytical
jurisprudence) which puts forward "rules and logic" . The
analytical way of working in the realm of positive law will not
help the law to bring Indonesia out of a significant slump.
Progressive laws favour the flow of realism and the use of optical
sociology and enforce the law’.
The view of Satjipto Rahardjo provides a description of
progressive law as a law that sees the reality of society as the
main purpose of the law. Because so far, written law is a positive
law that relies on regulations and logic, so that all human
activities that violate rules and logic then automatically violate
the law. Therefore, departing from the concerns of land tenure
conflicts, especially in industrial areas as a problem of life and
humanity, the progressive legal concept offered by Satjipto
Rahardjo is a choice or option used to resolve the problematic
land in industrial areas in Indonesia. According to Sajiopto
Rahardjo, ‘The progressive legal movement also sets a broader
INVESTMENT AND LAND CONFLICT IN INDUSTRIAL AREAS IN INDONESIA
Journal of critical reviews 170
goal, namely human welfare and happiness. Also, the
reconstruction of basic concepts, such as "law for humans" and
"justice over regulations", will have an influence and impact in
many sectors.
The ideology of law for humans and justice over regulations are
the main concepts in the application of progressive law as a law
that is happy and prosperous. These concepts are not found in
the application of written law or in legal idioms for humans and
justice over regulations. This is what is missed in every land
problem in Indonesia, especially with the dynamics of
development that are so broad, making positive law more
powerful than humans. Written law is man-made, while humans
who have human values are not man-made. Thus, it is humans
who are the law, and the law is made to make people happy and
prosperous, not vice versa. This is what often arises in land cases
in Indonesia, where if there is a conflict between the community
and certain parties, especially dealing with companies, then the
community will be the victims.
CONCLUSION
Land conflicts in Indonesia related to investment, particularly in
the industrial sector and industrial estates, have spurred an
increase in state revenues and spending. The success of the
industrial sector and the industrial estate in question raised
Indonesia's economic growth, yet development in this field also
left behind social and humanitarian issues. Land conflicts
experienced a significant increase each year which made the
community victims. The community experiences suffering, when
faced with a businessman or company because the company or
business will win, due to the involvement of government and
security forces to defend the businessman. In addition, the
community suffers defeat because the Government uses laws, but
not laws that have the value of truth and justice. The intrinsic
content of the law is moral which is sourced from human
conscience. Who is able to resolve all conflicts that occur in the
world? Not humans, let alone laws, but God Almighty, and if
humans are able to resolve these conflicts, it means that God
gives His mercy and guidance, not because humans have the
ability.
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5. Sun, X., Jia, Z.A brief review of biomarkers for preventing
and treating cardiovascular diseases(2012) Journal of
Cardiovascular Disease Research, 3 (4), pp. 251-254.
DOI: 10.4103/0975-3583.102688

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  • 1. Journal of critical reviews 166 Journal of Critical Reviews ISSN- 2394-5125 Vol 7, Issue 5, 2020 Review Article INVESTMENT AND LAND CONFLICT IN INDUSTRIAL AREAS IN INDONESIA Supriadi¹, Asmadi Weri² dan Dewi Kemala Sari3 ¹Faculty of Law, Tadulako University JalaSoekarno-Hatta Km.9, Tondo, Palu, Central Sulawesi, 94148, Indonesia Email : hjsupriadi2757@gmail.com ² Faculty of Law, Tadulako University JalanSoekarno-Hatta Km.9, Tondo, Palu, Central Sulawesi, 94148, Indonesia Email : as_weri@yahoo.com 3 Faculty of Law, Tadulako University JalanSoekarno-Hatta Km.9, Tondo, Palu, Central Sulawesi, 94148, Indonesia Email : dewi_synester@yahoo.com Received: 05.01.2020 Revised: 08.02.2020 Accepted: 12.03.2020 Abstract Industrial development in the era of globalisation cannot be avoided because it is demanded due to the dependence of one country on another. This connection is a necessity in establishing harmonious relations between one State and another. Development policies that rely on development in the industrial area are related to investment, both domestic capital and foreign capital. Development in the industrial area as a process activity towards the realisation of development goals as contained in the fourth paragraph of the Preamble of the 1945 Constitution of the Republic of Indonesia requires a policy that combines industrial development and land use. Therefore, the issue of land is an issue that is of the essence that really determines the success of economic development, especially development in the industrial area. Development in industrial areas often experiences conflicts of interests between citizens and companies, and citizens and the Government. If investment issues and land conflicts in industrial areas are not handled by the government, this will be a trigger for residents to resist the industrial companies. To overcome this, a regulatory approach, a case approach and a concept approach supported by analyses using the theory of authority, general principles of good governance and progressive law. These three theories are related to land law that is made for the welfare of the community, especially people who own land. Keywords : investment, land conflicts, industrial areas, Indonesia © 2019 by Advance Scientific Research. This is an open-access article under the CC BY license (http://creativecommons.org/licenses/by/4.0/) DOI: http://dx.doi.org/10.31838/jcr.07.05.27 BACKGROUND The objectives of the State of Indonesia listed in the fourth paragraph of the Preamble of the 1945 Constitution of the Republic of Indonesia are the foundation for the government in carrying out development in all sectors. States the aim of the Indonesian State, namely: (i) to protect the entire Indonesian nation; (ii) to advance public welfare; and (iii) to intellectualise the life of the Indonesian people. These three Indonesian development goals are summarised in the opening paragraph of the 1945 Constitution, with the ultimate goal of providing prosperity for all Indonesian people. To achieve these objectives, economic development is needed, especially the development of industrial zones aimed at equally increasing economic growth. One of the development policies that is expected to be able to achieve this, namely, relying on the development of industrial areas, is associated with investment, both domestic capital and foreign capital. To attract investors, the government issued a policy in the investment sector by making Law Number 25 of 2007 concerning Investment. Facilities related to investment in Indonesia are in accordance with Article 21 of Law Number 25 Year 2007, which states that investors who will invest their capital in Indonesia will be provided with facilities, such as land acquisition, immigration and import. The facilities related to land are regulated in Article 22 of Law Number 25 Year 2007 in the form of granting building use rights as part of the provisions stipulated in Article 22 paragraph (1) of the Basic Agrarian Law of 1960 which is the basis for granting land for industrial development activities in Indonesia. Specifically, for the development of industrial zones, regulated in Law Number 3 of 2014 concerning Industry in Article 63 and Article 108, the government provides licencing facilities for companies in the development of industrial zones in Indonesia, especially for foreign investors. The provisions of Article 63 and Article 108 of Law Number 3 of 2014 are followed up by Government Regulation Number 142 of 2015 concerning Regions (Industrial Areas) that regulate the establishment of business entities that specifically handle Indonesian industry, which can be carried out by state-owned enterprises (SOEs), private companies and cooperative or limited companies. Industrial development as part of the government's development policies in the economic field has a close relationship with policies in the field of land. Following this policy, the Ministry of Industry in 2013 succeeded in developing 74 Industrial Estate areas with a distribution composition of 55 industrial areas on Java, total land area (22,795.90) hectare; 16 industrial areas on Sumatra Island, land area (4,493.45) hectare; 1 industrial area on Kalimantan Island, land area (456 hectares); and 2 industrial areas on Sulawesi Island, land area (2,203) hectares. Thus, there are 74 industrial areas with control of 485,492, 35 ha (four hundred eighty-five thousand four hundred ninety-two thousand point thirty-five) hectares. Such a broad picture of land controlled by companies in the industrial areas is an indication of the accumulation of land in a handful of people in Indonesia. Sociologically, this will create jealousy in the community, especially if the companies have the convenience to obtain land rights for industrial interests, while the process is long and convoluted for residents to take care of their land certificates. The issue of land ownership inequality is one of the factors triggering massive land conflicts in Indonesia. This is in accordance with the report of the Agrarian Reform Consortium in 2017, which concluded that: ‘659 incidents of agrarian conflicts have occurred in various regions and provinces in the country with an area of 520,491.87 hectares’. The conflict involved around 652,738 households, and agrarian conflicts
  • 2. INVESTMENT AND LAND CONFLICT IN INDUSTRIAL AREAS IN INDONESIA Journal of critical reviews 167 ranked highest, namely: plantations with 208 conflicts (32%), both property sectors with 199 conflicts (30%) and third, infrastructure sectors with 94 conflicts (14%) and agrarian conflicts with industry and industrial estates, categorised as infrastructure development. Industrial area development in the era of globalisation cannot be avoided because it is demanded due to the dependence of one country on another. This connection is a necessity in establishing harmonious relations between one State and another. H. Mustofa and Suratman said that: ‘In order to ensure the continuation of the long-term economic development process with a high and sustainable economic growth rate, Indonesia cannot only rely on the agricultural sector without the industrialisation process’. Although industrialisation is important, it needs to be recognised that industrialisation is not an end in itself, but only one of the strategies adopted to support the process of economic development in order to achieve prosperity of the people of Indonesia with social justice’. Development of Industrial Estates as a process towards the realisation of development objectives as contained in the fourth paragraph of the Opening of the 1945 Constitution of the Republic of Indonesia requires a policy that combines industrial development and land use. Therefore, the issue of land is an issue that is of the essence that will determine the success of economic development, especially the development of Industrial Estates. The issue of land is related to the human dignity of individual beings and social beings. Maria S.W Sumardjono said that: As a basic right, land rights are very meaningful to a person's existence, freedom, and dignity as a human being. Fulfilment of these basic rights is a prerequisite for the growth and development of political rights, because control of a piece of land symbolises the values of honour, pride, and personal success. Political democracy can develop more easily among those who, in addition to having a job, also have access to land resources’. In Maria S. W. Sumardjono’s view , the land problem was not only a people's problem but also an economic, democratic and political problem. The extent of the impact arising from the use of land is such that we need a policy that views the community and entrepreneurs as having mutual need, while the Government is in a neutral position that will provide balanced decisions. Economic development by encouraging the development of Industrial Estates is something that cannot be rejected in the era of globalisation. Sri Hajati said that: ‘because economic development has encouraged the development of land values, land is no longer functioning as a factor of production but is determined as a means of investment and speculation. Economic globalisation has raised the desire and demand to eliminate national boundaries in land ownership. Economic globalisation has also encouraged ownership and transfer of land rights based on further market mechanisms, and this has led to an increasingly uneven land ownership. The gap between the mandate of the Basic Agrarian Law and the reality above has resulted in scarcity and deterioration of land quality, lack of people's access to owning and utilising land, increased land conflicts, especially structural conflicts, and the urgency of customary community rights. Thus, the Basic Agrarian Law needs fundamental changes.’ The developing economic globalisation has opened up the barriers of economic values, culture and traditions that exist in a country, especially Indonesia, so that the secrecy that is owned by the State has been threatened as well. One of the results produced by economic globalisation is a new economic concept that is based on the development of industrial areas that gave birth to the concept of industrialisation. According to Maria S. W. Sumardjono: ‘In the process of industrialisation as an inevitable symptom in the development of our country, three actors are present in various economic activities, namely, the State/government, the private sector, and the community, each of which has a different bargaining position because of the difference in access to capital and political access with respect to natural resources in the form of limited land. An unbalanced bargaining position between the community and the private sector is further strengthened by the authority of the policy maker to design policies that are common to the interests of such small groups of people in efforts to control and use land’. BLEGAL METHODS AND RESEARCH Research Method This research is a normative legal research that relies on the search for ‘truth coherence’, which is a truth that is based on the suitability between those examined and the rules applied. Peter Mahmud Marzuki said that legal research is a process to find the rule of law, legal principles and legal doctrines to answer the legal issues at hand. This is consistent with the perspective character from sui generis jurisprudence. Problem Approach The study uses three approaches as a tool to analyse the problems contained in the study, including: 1. Concept approach (conceptual approach), which is an approach that is used in an effort to find ideas that will produce a legal concept and argument related to the occurrence of land cases in Indonesia that are related to the development of industrial zones in Indonesia. 2. Statute approach, which is an approach to analyse all laws and regulations relating to this research; namely, agrarian/land law, investment law and industrial law. 3. Case approach, which is an approach that finds legal reasons used to examine land cases that often lead to clashes at the time of execution. Ratio decidend, becomes the most decisive argument in the disclosure of the background of the frequent clashes in the resolution of land cases in Indonesia. Legal Materials Legal review (rechtsbeoefening) in this type of research originates from positive law studies that cover three layers of legal science; namely, legal philosophy, legal theory and dogmatic law. This research will systematise primary and secondary legal materials. Peter Mahmud Marzuki said that the primary legal material is legal material meaning that has authority. Primary legal materials consist of: the 1945 Constitution of the Republic of Indonesia, statutory regulations, official records of minutes of legislative regulations and judges' decisions. Secondary legal material is in the form of all legal publications that are not official documents, such as publications on law, including textbooks, legal dictionaries, legal journals and comments on judicial verdicts. Processing and Analysis of Legal Materials All sources of legal materials, both primary and secondary, that have been collected in this study will be processed with an analysis approach in accordance with the nature and character of normative legal research. Primary sources of legal materials are processed by carrying out an inventory of positive laws, both in the form of laws and regulations and all other regulations that have to do with this research. On the other hand, secondary legal sources are processed by searching library legal materials (literature studies) that are related to this research. Processing of primary and secondary legal materials will use legal reasoning by using the deductive-inductive method and by using interpretations to be able to find answers to legal issues or legal issues raised in this study. Interpretation is an integral part of reasoning because talking about positive law, it will be related to words, and positive law is a string of words into sentences. In legal terminology, there are several interpretations, namely: grammatical interpretation, systematic interpretation, historical interpretation, comparative interpretation, anticipatory interpretation, and teleological interpretation. Philipus M. Hadjon stated their respective meanings as follows: (1)
  • 3. INVESTMENT AND LAND CONFLICT IN INDUSTRIAL AREAS IN INDONESIA Journal of critical reviews 168 grammatical interpretation: interpret a legal term or sentence according to everyday language or legal language; (2) systematic: with the system of rules as the starting point, interpret the provisions of a law; (3) historical interpretation traces the intention of forming the law as a interpretative historical in terms of finding answers to a legal issue by tracing legal developments (rules) called rechtshistorische interpretative; (4) comparative interpretation of law: endeavouring to resolve legal issues based on rules of subordinate legal systems; (5) interpretation of anticipation: answer a legal issue based on a rule that is not yet valid; and (6) theological: every interpretation is basically theological. Referring to these six interpretations above, three are relevant, and if related to the case in Indonesia, especially in Uso Village, Batui District, Banggai Regency, namely: (i) grammatical interpretation; (ii) systematic interpretation; and (iii) theological interpretation. Grammatical interpretation (language) is used to resolve conflicts or conflicts between norms that occur between legislation; systematic interpretation is used to see the systematisation of legislation regulations, while theological commentaries are used to see that land cases are cases related to humanity and to the provisions relating to the divinity listed in the scriptures as rules governing human life. Normative legal research continues to use cases as legal facts, not as data. Using data as a sample is not suitable because it seeks the value of truth and fairness, which is not determined by quantity, but by quality. DISCUSSION The Concept Of Authority And The Welfare State Indonesia is a country that has abundant natural resources that have a selling value for investment activities related to industrial development. Some of the business activities related to the utilisation of natural resources are mining, oil and gas, forestry, fisheries and so on. The wealth of natural resources in Indonesia is the property of the Indonesian people, and their allocation is regulated by the State. The involvement of the State (government) as the bearer of the authority mandated by Article 33 (3) of the 1945 Constitution, which concerns the natural resources contained in the Indonesian earth, is the property of the Indonesian people, including land. Therefore, the involvement of the state in regulating the natural resources contained in the Indonesian earth is the responsibility of the highest organisation in the State of Indonesia, which aims to provide authority to regulate natural resources, especially land. The nature of the authority the state is given is to regulate natural resources, including the use of land, as much as possible for the prosperity of the people. The concept of state involvement in the use of land, regulated further in Article 2 of the Basic Agrarian Law of 1960, consists of four things, namely: (i) the state controls the land in the entire territory of the Republic of Indonesia; (ii) the state is authorised to determine, regulate and administer legal relations between people over the land; (iii) state regulation of land is used for the greatest possible prosperity of the people, in the sense of nationality, welfare and independence in society for an independent sovereign and prosperous Indonesian law state; and (iv) the state can delegate land authority to the autonomous regions (local government) and customary law communities only for land needs, but this cannot conflict with national interests. The authority of the state to regulate land matters is granted by the 1945 Constitution and the Basic Agrarian Law of 1960, in which the authority is concerned with the terminology of ‘the state as controlling’, not as the ‘owner’ of the land concerned. The presence of the state as the highest authority of all people has an intrinsic meaning as a mediator in regulating the land needed by the people in the Indonesian state, so that there is no conflict of interest between the people concerned. The terminology of authority in Article 2 of the Basic Agrarian Law means ‘power’ and, according to Franz Magnis-Suseno citing Max Weber's view, thatis ‘institutionalised power’; that is, power which not only de facto controls but also has the right to control. Authority is the power that has the right to demand obedience, so it has the right to give orders. Power is the ability to, in a social relationship, carry out one’s own will despite resistance, and whatever the basis of this ability. Referring to Max Weber's view as quoted by Magnis-Suseno above, the important point is that authority is related to power, and power is aimed at demanding obedience. Obedience basically has the power to give orders. In addition, it turns out that power is also related to the ability of social relations, and carries out its own will despite resistance. Based on the view of authority related to Max Weber's ideas, this is a real view today, this is related to evictions that occurred in Uso Village, Batui Subdistrict, Luwuk Regency and Central Sulawesi Province in which the people were evicted because their land was needed for oil refinery industry development. This oil refinery plant is managed by PT. Senoro LNG, a Japanese joint venture with Indonesia. The concept of state authority in regulating land issues in Indonesia, especially in industrial areas, has implications for the concept of authority that originates in state administrative law as the law governing the relationship between government and society. Hanc van Maarseeven, as quoted by Philipus M Hadjon, said that: ‘authority (beveoghied) is described as legal power (rechsmacht). So, in the concept of public law, authority is related to power. There are three elements of authority as a concept of public law, namely: 1. Effect: the use of authority is intended to control the behaviour of legal subjects; 2. Legal basis: that authority can always be shown the legal basis; 3. Conformity: implies the existence of authority standards, namely general standards (all types of authority) and special standards (for certain types of authority)’. Therefore, the authority of the Government in making policies still refers to the general principles of good governance, one of which is contained in the concept of the welfare state. Associated with the concept of authority relating to the concept of state administrative law, as quoted by Phlipus M Hadjon quoting Hanc van Maarseeven's opinion, is that authority is described as legal power. The legal power is fully related to three elements, namely: influence, legal basis and confirmation. Thus, the authority related to the Government's function in regulating land matters depends entirely on the three elements of the relevant authority. The authority related to land matters also experiences a development and dynamics regarding the condition of the Indonesian people in carrying out development in all lines of community life. The concept of a welfare state (welfare estate) is a concept of a state that began to develop along with an increasingly broad role of the state in managing or regulating all aspects of people's lives in a country. The concept of a welfare estate state, a concept of a country characterised by a socialist state, developed in the 19th century. According to Jimly Assiddiqie, 'the idea of the welfare state is the influence of the understanding of socialist ideas that developed in the 19th century, which was popular at the time as a symbol of resistance to the colonialists who were Capitalist Liberals’. While Bagir Manan, as quoted by Helmi, said that: ‘in the case of welfare, the government is the main’ bearer ‘of primary responsibility for realising social justice, public welfare, and the greatest prosperity of the people. The responsibility of this country is as contained in the opening of the 1945 Constitution of the Republic of Indonesia’. Related to the concept of the welfare state introduced by the Constitution of the Republic of Indonesia in 1945, specifically its implementation, the fourth paragraph of the Preamble provides the state's objectives, namely: ‘protecting, advancing, educating and general welfare are the four most essential objectives for the
  • 4. INVESTMENT AND LAND CONFLICT IN INDUSTRIAL AREAS IN INDONESIA Journal of critical reviews 169 Indonesian people’. These four essential objectives are the responsibility of the state to manifest and the phrase ‘protect’ all Indonesians and ‘advance’ general welfare are key words that become mandatory for the state or government. The word protect is related to state protection of: (i) mental well-being and (ii) property. Meanwhile, the words promote public welfare are related to the state's obligation to protect and safeguard the assets owned or controlled by the state or government so that they are not disturbed by other interests for the welfare of the Indonesian state, one of which is ‘land’. Issues related to the concept of the welfare state are then linked to the existence of agrarian resources as part of the collectivity of the community. In community terms related to agrarian subjects, Felix Sitorus stated that: ‘agrarian subjects are divided into three communities, namely, society (as a unit of household units), government (as state representation) and private (private sector). The three agrarian subjects have ties to agrarian sources through tenure institutions. The pattern of relations will give rise to the socio-economic interests of each subject regarding the control/ownership and utilisation of these agrarian resources. The form of social relations or agrarian social relations originates from access (control, ownership, use) of agrarian resources’. Agrarian sources thus basically consist of three communities, namely: society, the private sector and the government, which will become a problem if the interests of land needs are not taken seriously. The three agrarian sources concerned in relation to agrarian/land will have views with different perceptions, and this is where the presence of the state or government understands all three essentially. The community is in a weak position because access to land policy is very limited and the community is only focused on the use of land to meet their daily needs, while the private sector community is no longer a capital, but instead has become a commodity. The government position, which is expected to be an intermediary, instead makes land part of the policy to take land for development purposes because state land (land controlled by the state/government) in the city is very limited. Thus, the existence of the government as a supervisor is instead trapped in favour of the private community, thus triggering land conflicts in industrial areas in Indonesia. Good Governance Concept The concept of general principles of good governance is a determining factor in realising the objectives of the welfare state, including those adopted by Indonesia in accordance with the mandate of the opening of the fourth paragraph of the 1945 Constitution. Therefore, the Government as the organiser of the State must obey the concept of general principles, the good governance, as a benchmark in resolving land conflicts that occur in Indonesia. The four essential values of the Preamble of the 1945 Constitution have been set forth in the Fundamental Thoughts, namely: a. Laws that have the character to protect the entire Indonesian people based on unity in the context of realising social justice for all Indonesian people. This means that all indicates individuals, and individuals are summarised by keeping in mind their individuality, while all indicates that individuality is eliminated and all of them will be summarised as a single whole; b. Laws that are able to realise social justice for all people; c. Laws originating from the people and containing a democratic nature; and d. Laws that are based on the Almighty God. The relationship between the concepts in the fourth paragraph of the Preamble to the 1945 Constitution is a connection that will determine the journey of the Indonesian people going forward. Out of 17 general principles of good governance, if related to investment and land law conflicts in industrial regions in Indonesia, that are suitable are those of: (i) accuracy; (ii) honesty and openness; (iii) legal certainty; (iv) sensitivity; and (v) good faith. The five principles will become the knife of analysis of ‘Investment and Land Conflict in the Industrial Area in Indonesia’. If the Government fails to implement the three pillars of the principle, then the issue of land conflicts in the industrial area will continue. Progressive Law Concept Settlement of land conflicts related to investment in industrial areas in Indonesia, with the approach of the concept of the welfare state and the general principle of good governance, also require the use of a progressive legal concept, which was initiated by Satjipto Rahardjo. Satjipto Rahardjo's idea of progressive legal concepts states that: ‘progressive law rejects the prioritisation and excellence of legal science that works analytically (analytical jurisprudence), that is, that puts forward “rules and logic". The analytical way of working in the realm of positive law will not help the law to bring Indonesia out of a significant slump. Progressive law prefers the flow of realism and the use of optical sociology in carrying out the law’. Referring to the view of Satjipto Rahardjo, progressive law is law that sees the reality of people's interests as the main objective of the law. During this time, the law is written as a positive law that relies on regulations and logic, so that human activities that violate regulations and logic violate the law. Therefore, departing from the problematic concern of the land as a problem of life and humanity, the concept of law, according to Satjipto Rahardjo, is namely that, ‘progressive legal movements also set broader goals, namely human welfare and happiness. Also, the reconstruction of basic concepts, such as ‘law for humans’ and ‘justice over regulations’, will influence and have an impact in many sectors. Shifting the dynamics of the development of a country, which in essence will also have implications for the continuity of the law or legislation, is a guide in the nation and state and society. The written law as a statutory regulation is the idiom and determinant of all the problems of the nation, state and society, so that the state or government is forced to make policies in the form of laws and regulations, where the regulations involve firefighters that will extinguish the problems that occur in the community. In addition, regulations (laws) are used as a determinant to measure whether a person is guilty of carrying out an action. Meanwhile, humans in carrying out an act that violates the law may not do so deliberately, but it may be due to the interests of others, and this is not able to be reached by the rules. In Indonesia, as a consequence of the rule of law as stated in the 1945 Constitution, it is fitting to carry out a reconstruction of the meaningfulness of written law (legislation) as a law used as a knife for analysis of problematic law, especially land law which is a burden on the Indonesian state today. Therefore, it is appropriate if the government adopts the concept of ‘progressive law’ according to the views of Satjipto Rahardjo. Satjipto Rahardjo said that: ‘progressive law rejects the prioritisation and excellence of legal science that works analytically (analytical jurisprudence) which puts forward "rules and logic" . The analytical way of working in the realm of positive law will not help the law to bring Indonesia out of a significant slump. Progressive laws favour the flow of realism and the use of optical sociology and enforce the law’. The view of Satjipto Rahardjo provides a description of progressive law as a law that sees the reality of society as the main purpose of the law. Because so far, written law is a positive law that relies on regulations and logic, so that all human activities that violate rules and logic then automatically violate the law. Therefore, departing from the concerns of land tenure conflicts, especially in industrial areas as a problem of life and humanity, the progressive legal concept offered by Satjipto Rahardjo is a choice or option used to resolve the problematic land in industrial areas in Indonesia. According to Sajiopto Rahardjo, ‘The progressive legal movement also sets a broader
  • 5. INVESTMENT AND LAND CONFLICT IN INDUSTRIAL AREAS IN INDONESIA Journal of critical reviews 170 goal, namely human welfare and happiness. Also, the reconstruction of basic concepts, such as "law for humans" and "justice over regulations", will have an influence and impact in many sectors. The ideology of law for humans and justice over regulations are the main concepts in the application of progressive law as a law that is happy and prosperous. These concepts are not found in the application of written law or in legal idioms for humans and justice over regulations. This is what is missed in every land problem in Indonesia, especially with the dynamics of development that are so broad, making positive law more powerful than humans. Written law is man-made, while humans who have human values are not man-made. Thus, it is humans who are the law, and the law is made to make people happy and prosperous, not vice versa. This is what often arises in land cases in Indonesia, where if there is a conflict between the community and certain parties, especially dealing with companies, then the community will be the victims. CONCLUSION Land conflicts in Indonesia related to investment, particularly in the industrial sector and industrial estates, have spurred an increase in state revenues and spending. The success of the industrial sector and the industrial estate in question raised Indonesia's economic growth, yet development in this field also left behind social and humanitarian issues. Land conflicts experienced a significant increase each year which made the community victims. The community experiences suffering, when faced with a businessman or company because the company or business will win, due to the involvement of government and security forces to defend the businessman. In addition, the community suffers defeat because the Government uses laws, but not laws that have the value of truth and justice. The intrinsic content of the law is moral which is sourced from human conscience. Who is able to resolve all conflicts that occur in the world? Not humans, let alone laws, but God Almighty, and if humans are able to resolve these conflicts, it means that God gives His mercy and guidance, not because humans have the ability. REFERENCES 1. Pinzon, r. T. & sanyasi, . R. D. L. R. (2018) is there any benefit of citicoline for acute ischemic stroke ? Systematic review of current evidences. Journal of Critical Reviews, 5 (3), 11-14. doi:10.22159/jcr.2018v5i3.24568 2. Hewageegana h. G. S. P, arawwawala l. D. A. M. , ariyawansa h. A. S, tissera m. H. A, dammaratana i. (2016) a review of skin diseases depicted in sanskrit original texts with special reference to ksudra kushtha. Journal of Critical Reviews, 3 (3), 68-73. 3. Harikesh maurya, susheel kumar dubey, poonam bisht, monika semwal, sanjay gandhi (2016) an updates on the sepsis causing multiple organ dysfunctions. Journal of Critical Reviews, 3 (3), 31-40. 4. Durai Muthumani, Agaath Hedina, Juveriyah Kausar, Vijaya Anand, Pushpa. "Phytopharmacological activities of Euphorbia thymifolia Linn.." Systematic Reviews in Pharmacy 7.1 (2016), 30-34. Print. doi:10.5530/srp.2016.7.4 5. Sun, X., Jia, Z.A brief review of biomarkers for preventing and treating cardiovascular diseases(2012) Journal of Cardiovascular Disease Research, 3 (4), pp. 251-254. DOI: 10.4103/0975-3583.102688