The Nusantara Capital City Project: Why Development and Human Rights Do Not Always Mix

Buana Mirza Satria (), Listiningrum Prischa, Nugroho Prasetyo Adi and Marbun Ade Angelia Yusniar
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Buana Mirza Satria: Constitutional Law, Lambung Mangkurat University Faculty of Law, Banjarmasin, 70123, Indonesia
Listiningrum Prischa: Department of Constitutional Law, Brawijaya University, Malang, East Java, Indonesia
Nugroho Prasetyo Adi: National Commission for Human Rights, Jakarta, Indonesia
Marbun Ade Angelia Yusniar: National Commission for Human Rights, Jakarta, Indonesia

The Law and Development Review, 2023, vol. 16, issue 1, 185-223

Abstract: This article examines the Nusantara capital city project and its sociological impact on individuals and groups’ rights in the East Kalimantan regions of Penajam Paser Utara (PPU) and Kutai Kartanegara. The Nusantara Act was enacted to legalize the building of this mega-project and was finalized within a period of only 43 days. Thus, the legitimation of the Act is contentious. It is predicted that there will be widespread political, cultural, environmental and economic effects that will be likely to affect society in general and marginalized groups in particular. It raises two important questions, “what are the public rights that could potentially be breached by the Nusantara development project?” and “Is it possible to identify the influence of national and local elites on the process of promoting and legitimizing the Nusantara Act?” This article describes the concept of Nusantara as stipulated in the Act, which is linked to human rights values that are specifically related to the right to development. Based on the mentioned framework, this article finds evidence of autocratic practices in terms of the government’s efforts to acquire land for the project. It has been found that these dictatorial practices have been exacerbated by ‘cooperation’ with extractive industries and local elites. As a result, indigenous groups and the local communities in the area have suffered a loss of autonomy and land rights due to lack of legal protection within the Act.

Keywords: Nusantara project; Indonesia; human rights; right to development (search for similar items in EconPapers)
Date: 2023
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DOI: 10.1515/ldr-2022-0063

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