Government Power in Property Law: Control, Conflict, and Contestation in Indonesia and Nepal

Abstract

This study discusses the comparison of government authority regulations in property law between Indonesia and Nepal, including the challenges and their impact on individual rights, indigenous communities, and the implementation of public policies in the context of infrastructure development, urbanization, and environmental protection. The purpose of this research is to analyze the differences and similarities in the limitations of government authority in property law as well as governance mechanisms and public services related to property law in Indonesia and Nepal. This research employs a normative legal method with statutory, comparative, and conceptual approaches, along with descriptive, interpretative, and comparative analyses of primary, secondary, and tertiary legal materials to examine the limitations of government authority in property law in Indonesia and Nepal, focusing on public policy and public services. The study finds that Indonesia and Nepal share similarities in prioritizing public interests in limiting government authority over property law but differ in their legal approaches; Indonesia combines civil law, customary law, and Islamic law with an emphasis on collective management, while Nepal, influenced by common law, focuses more on land redistribution for social justice. Challenges such as agrarian conflicts in Indonesia and resistance to redistribution in Nepal highlight the need for transparent and fair governance. In property governance, Indonesia excels in digitalization through programs like PTSL, while Nepal emphasizes community participation through land redistribution, although both face obstacles such as regulatory overlap in Indonesia and geographical constraints in Nepal.