Legal Implications of the Merauke Food Estate: A Critical Analysis of Customary Rights and Environmental Concerns
Year: 2024
Type: article
Abstract: The Food Estate program in Merauke, part of Indonesia's National Strategic Project (PSN), aims to enhance food security through large-scale land management. However, its implementation has faced significant criticism for disregarding the Free, Prior, and Informed Consent (FPIC) principle, leading to violations of the rights of Indigenous Peoples and severe environmental degradation, including extensive deforestation. The involvement of military personnel in facilitating the program further complicates the situation, drawing international scrutiny, particularly in light of Indonesia's participation in COP29. This study employs a normative legal research method with a qualitative approach, analyzing secondary data from various sources, including laws, regulations, books, journals, and online resources. The findings reveal that the Merauke Food Estate program exhibits substantial flaws in planning and execution, neglecting sustainable development principles and the FPIC standard. The study also suggests that conflict resolution mechanisms, such as class action lawsuits, could be a viable solution, provided these processes are grounded in FPIC principles and actively involve MHA to ensure equitable outcomes for affected communities.
Source: Lex Publica
Author: Finda Pratiwi Yuwono
Institution: Universitas Gadjah Mada
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4414778934