Name: Miesya Manuela

NIM: 02011282227247
Class: A Indralaya

Analysis of Law Number 23 of 2014 in relation to the issues

on Rempang Island
Rempang Island is one of the islands in Indonesia, specifically in Batam Island.
Batam is known for its industrial area, providing numerous job opportunities, but its
development program has led to disputes and serious human rights issues. The
program, initially intended to enhance Indonesia's competitiveness against Singapore,
has ironically led to conflicts within its own community.
As explained by the Coordinating Minister for Political, Legal, and Security
Affairs, Mahfud MD, in 2001/2002, the government granted a Business Utilization
Right to PT. Makmur Elok Graha, an industrial company. However, the project stalled
until 2004 due to the lack of investors, leaving the land neglected. Recently, the
company reclaimed its rights to the land, sparking conflict as the land, abandoned for
20 years, was already inhabited by local or indigenous communities.
Article 18B of the 1945 Constitution of the Republic of Indonesia recognizes
and respects the rights of these indigenous communities. It's clear that the Malay
community in Rempang Island has customary rights over this land. However,
understanding the regional government's regulations in Batam, particularly in relation
to Law No. 23 of 2014, is essential.
Law No. 23 of 2014 discusses the division of authority between central and
regional governments. Its main aim is to strengthen regional autonomy in Indonesia,
clarify the division of authority between central and regional governments, improve
efficiency and effectiveness in governance, enhance public service quality, and
encourage community participation in local development and decision-making
processes.
In the context of Rempang Island, the Rempang Eco City Project, aimed at
boosting tourism, raises significant questions about local community participation and
its socio-economic impact on Kampung Tua. Presidential Decree No. 41 of 1973,
granting Management Rights to the Batam Authority, adds complexity to land
management. This decree, meant to prevent private land monopolies, also affects the
land ownership and control rights of the Kampung Tua community.
 Legal considerations, as set forth in Law No. 23 of 2014 and the Minister of
Home Affairs Regulation No. 52 of 2014 regarding the Recognition and Protection of
Indigenous Peoples, are key in navigating these conflicts. These regulations, along with
the Basic Agrarian Law (UUPA), provide a foundation for land ownership and
management, recognizing the rights of indigenous peoples and guiding land dispute
resolutions.
Analyzing the case of Rempang Island within the framework of Law No. 23 of
2014 highlights the need for a balanced approach between economic development and
the protection of community rights. This is vital to ensure that projects like Rempang
Eco City are not only economically beneficial but also respect and protect the cultural
and social heritage of the local community, especially in Kampung Tua. Therefore,
conflict resolution and area management on Rempang Island should reflect this
balance, ensuring that development respects and involves the local community
substantially in the process.
The analysis of land management on Rempang Island, in light of Law No. 23
of 2014, underscores the complex interplay between law, traditional rights, and
development policies. Presidential Decree No. 41 of 1973, allocating management
rights to the Batam Authority, has significant implications for traditional property
rights, particularly in Kampung Tua. This law, focusing on the division of authority
between central and regional governments, provides a framework for local
governments to manage their resources and territories, including land. However, this
policy also presents challenges in recognizing and protecting the rights of indigenous
peoples, which may not always align with the economic development desired by the
government or investor interests.
Furthermore, the Minister of Home Affairs Regulation No. 52 of 2014 on the
Recognition and Protection of Indigenous Peoples underlines the need to respect and
protect the rights of indigenous peoples. Its application in the context of Rempang
Island requires careful assessment of the history, culture, and traditional rights of the
Kampung Tua community. This situation emphasizes the importance of a sustainable
and inclusive approach to development, which not only complies with the law but also
respects and preserves social and cultural heritage.
Facing these challenges, local governments under Law No. 23 of 2014 have a
duty to ensure that land development and management are conducted in a socially
equitable manner. This includes considering the needs and rights of local communities,
especially in cases like Kampung Tua, where there is a long history and deep
connection with the land. Conflicts between development needs and the traditional
rights of indigenous peoples demand solutions that are not only legal but also ethical
and social.
 In conclusion, the case of Rempang Island highlights the complexities that arise
when economic development, land management policies, and the rights of indigenous
peoples meet. Fair and sustainable solutions will require continuous dialogue among
all stakeholders, with careful consideration of legal, social, and economic aspects.
The Rempang Island case presents an important case study on how conflicts
over land management and community rights can be resolved in a fair and inclusive
manner. Referring to Law No. 23 of 2014, which guides the division of authority
between central and regional governments, conflict resolution on Rempang Island
requires an approach that considers both government policies and the rights of local
communities, especially the indigenous people of Kampung Tua. In navigating these
conflicts, it is important to recognize that the solutions implemented must reflect the
interests and rights of various stakeholders, including indigenous communities, local
governments, and investors.
Given the important role of the Minister of Home Affairs Regulation No. 52 of
2014 on the Recognition and Protection of Indigenous Peoples, protecting indigenous
peoples on Rempang Island is not only a legal obligation but also an ethical one.
Conflict resolution should strive to respect and preserve cultural and social heritage,
and ensure that economic development does not overlook the rights and traditions of
the local community. This includes considering local wisdom and traditional practices
in land and natural resource management.
Further, in the context of Law No. 23 of 2014, local governments have a crucial
role in facilitating dialogue among all stakeholders and ensuring that development
policies and practices are transparent, fair, and meet the needs of the local community.
This involves developing community participation mechanisms in decision-making
processes, ensuring that the voices of local communities are heard and valued.
Ultimately, conflict resolution on Rempang Island must seek a balance between
development needs and the protection of community rights. This requires a
comprehensive and multidisciplinary approach, balancing legal, social, and economic
aspects to achieve a solution that is sustainable and beneficial for all stakeholders
involved.
 Analysis of the Batam-Singapore Maritime Boundary
The arrangement of the maritime boundary between Batam, Indonesia, and
Singapore is a significant subject in international law, particularly in the context of the
United Nations Convention on the Law of the Sea (UNCLOS) and existing bilateral
agreements. This boundary setting is codified in Law Number 7 of 1973, later updated
by Law Number 4 of 2010, regarding the Ratification of the Agreement Between the
Republic of Indonesia and Singapore on the Establishment of Boundary Lines in the
Singapore Strait 2009. This agreement is crucial as previously, the maritime boundaries
between Indonesia and Singapore were unclear, complicating the security of maritime
areas, especially in strategic waters like the Malacca Strait .
The bilateral agreement establishes specific maritime boundary coordinates,
with six points stretching from the western to the eastern parts of the Singapore Strait,
providing legal clarity and certainty. This facilitates Indonesia, especially the
Indonesian Navy, in securing its territorial waters and lays a strong foundation for
interstate cooperation in security and maritime resource management .
Furthermore, the agreed arrangements include the western segment in the Nipa-
Tuas area, the eastern segment 1 in the Batam-Changi area, and the eastern segment 2
in the Bintan-South area. These boundaries are established in accordance with
UNCLOS provisions, where Indonesia, as an archipelagic state, is obligated to set its
maritime boundaries in line with this international convention .
Another important aspect of this agreement is Indonesia's rejection of the
territorial expansion of Singapore due to coastal reclamation. The agreement asserts
that Singapore's maritime territory is calculated from its original coastline, not from
reclaimed areas, ensuring that Singapore’s territorial expansion does not encroach on
Indonesia's maritime area. This reflects five years of stringent negotiations where
Indonesia consistently refused to acknowledge the territorial expansion of Singapore
due to reclamation .
In conclusion, the establishment of the maritime boundary between Batam and
Singapore through this bilateral agreement reflects the importance of diplomacy,
negotiation, and the application of international law in resolving complex maritime
issues. It demonstrates how both countries successfully reached an agreement that
respects each other's sovereignty and ensures security and regional stability.