Analysis of the Substantive Legal Impact of Land Function Transfer Due To the National Strategic Rempang Eco City Project from the Perspective of Agrarian Justice and Islamic Fiqh

Abstract

This study aims to analyze the substantive legal impact of the implementation of the Rempang Eco City National Strategic Project (PSN) on the legal status of land rights, legal certainty, and human rights of local communities, as well as to formulate a model for resolving agrarian disputes based on legal justice and Islamic Jurisprudence. The research method uses empirical juridical research (socio-legal research) with a legislative approach, a conceptual approach, and a case approach. The results of the study indicate a degradation of the community's civil rights where the historical claims of Kampung Tua are set aside by the Land Management Rights (HPL) of BP Batam in a formalistic manner. Land conversion triggers a crisis of structured legal certainty and vulnerability to economic, social, and cultural human rights violations. From an Islamic Jurisprudence perspective, the act of forced land clearing without mutual consent fulfills the elements of ghashab which is prohibited by sharia. As a solution, this study formulates a Participatory-Restorative Legal Protection Model through an enclaving mechanism, sustainable non-monetary compensation, and the application of the principle of Free, Prior, and Informed Consent (FPIC).