Indonesia's land issues have become crucial in sustainable development dynamics. Land, as a limited and strategic natural resource, plays important roles in economic, social, and cultural aspects of society. However, land regulation implementation has not fully reflected justice values as mandated in Article 33 of the 1945 Constitution. Land tenure inequality, agrarian conflicts, indigenous community marginalization, and weak community rights protection indicate the ineffectiveness of existing legal arrangements. Current legal substance tends to be administrative and procedural but neglects distributive justice, restorative justice, and inclusive public participation dimensions. This study aims to: 1) analyze why land regulations in sustainable development lack justice basis; 2) examine weaknesses in land regulations for justice-based sustainable development; and 3) formulate reconstruction of land regulations in justice-based sustainable development. This research uses normative and sociological juridical approaches with legal analysis techniques on relevant legislation, supported by field studies including stakeholder interviews and case studies in agrarian conflict areas. Data is analyzed using justice theory as grand theory, Lawrence M. Friedman's legal system theory as middle theory, and Satjipto Rahardjo's progressive law theory as applied theory. The findings reveal weaknesses in legal substance, structure, and culture that hinder sustainable development implementation based on social and ecological justice values. The reconstruction model proposes integrating justice principles, environmental sustainability, and meaningful public participation in land regulation frameworks to achieve equitable and sustainable development.
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Saut Marisi Halomoan
Gunarto Gunarto
Latifah Hanim
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Halomoan et al. (Sat,) studied this question.
www.synapsesocial.com/papers/68d462d231b076d99fa626c9 — DOI: https://doi.org/10.57185/jlarg.v3i9.133