Legal Politic in Providing Infrastructure in Indonesia, is Human Right Still Have Any Places?

Abstract

Indonesia government has put a lot of efforts to fix infrastructure for strengthening the economy. This can be seen from the increasing amount of infrastructure budgeting in 2015 which up to 290 trillion. As a state law, certainly every government effort must be based on legal instruments in the form of legislation. From the various regulations that governing the providing infrastructure, normatively there are various material content of norms that truly potential to violate the human rights. For example the presidential regulations number 58 of 2017 concerning the acceleration of the Implementation National Strategic Projects is stating that the location of national strategic projects which not in accordance with spatial layout, can be given some recommendation about the spatial layout suitability with the location of strategic project from Agrarian Minister, and also from the head of National Land Agency. Another problem that arises from the act of providing infrastructure is agrarian conflict which blooms due to the procurement of land for public interest which is legalized through the regulation. Ironically there are numbers of ambivalence policies in Indonesian government, which comes together with the high amount of land conflict, forced evictions for plantation and infrastructure projects. These credible data, shows the genuine dilemma from Indonesian government, because on one side there are efforts to develop infrastructure to strengthen the economy, but on the other side the development actually undermines the recognition of human rights in Indonesia. And finally the main problem wanted to be resolved is why the kind of legal politics that not come by prioritizing the protection of human rights in infrastructure development can be accommodated through the regulations? This research uses doctrinal type research, in order to elaborate theories, to reveal the real meaning and the right purpose of legal politic in providing infrastructure in Indonesia.