De Facto Expropriation and Substantive Justice in Certified Land Ownership within Strategic Energy Areas

Abstract

This article examines the legality of restrictions on certified land ownership in strategic energy areas and formulates a land law policy framework that balances national energy interests with the protection of citizens’ land rights. Although land certification is intended to guarantee legal certainty, in practice, this certainty is often weakened by sectoral energy policies and administrative actions that limit land use, transfer, and economic value without a clear normative basis. Employing normative legal research through statutory, conceptual, and case approaches, the study identifies a gap between normative legal certainty guaranteed by land certificates and the factual legal certainty experienced by rights holders. Administrative classifications and energy-sector considerations frequently operate as de facto legal constraints despite lacking explicit legal authorization. These practices may result in indirect deprivation of land rights through the suspension of ownership functions, implemented without transparent procedures, legality testing, or effective remedies. The article’s novelty lies in its integrative analytical framework that applies tests of legality, proportionality, and human rights protection to assess the legitimacy of restrictions on certified land ownership in strategic energy contexts, while simultaneously constructing a balanced land law policy that aligns energy development with citizens’ rights. The article underscores that legal certainty depends not only on the formal validity of land certificates but also on consistent, accountable, and fair administrative practices. Its findings offer guidance for strengthening land governance and preventing legal uncertainty and land-related conflicts in strategic energy development.