Protection of the Rights of the Balik Indigenous Community in Land Acquisition for the Development of Nusantara Capital City: A Perspective of Law Number 2 of 2012 and the Basic Agrarian Law

Abstract

The development of the Nusantara Capital City (IKN) in East Kalimantan has generated various agrarian and social issues affecting indigenous communities, particularly the Balik Indigenous Community in North Penajam Paser Regency. This study aims to analyze the protection of the rights of the Balik Indigenous Community in land acquisition for the development of the Nusantara Capital City based on Law Number 2 of 2012 concerning Land Acquisition for Development in the Public Interest and Law Number 5 of 1960 concerning Basic Agrarian Principles (Basic Agrarian Law). This research employs a normative legal method using statutory, conceptual, and case approaches. The findings indicate that the development of the Nusantara Capital City has resulted in the reduction of indigenous living spaces, threats of displacement from customary territories, loss of access to natural resources, and disruption of the cultural identity of the Balik Indigenous Community. Normatively, both laws provide a legal framework for protection through the principles of humanity, justice, transparency, and recognition of customary land rights. However, their implementation remains suboptimal due to the weak recognition of customary territories, limited participation of indigenous peoples, and the persistence of agrarian conflicts within the development process of the Nusantara Capital City.