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All Journal Law Research Review Quarterly Indonesian Journal of International Law
Ayub Torry Satriyo Kusumo
Sebelas Maret University
Law, Crime, Criminology & Criminal Justice Social Sciences

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Journal : Indonesian Journal of International Law

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MESUJI CASE: IS THERE A VIOLATION OF ECONOMIC RIGHTS? THE AVAILABILITY OF JUDICIAL SETTLEMENT MECHANISM ON THE VIOLATION OF ECONOMIC AND SOCIAL RIGHTS IN INDONESIA Kusumawati, Erna Dyah; Kusumo, Ayub Torry Satriyo; Sasmini, Sasmini
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

This article focuses on the factors triggering the Mesuji conflict and the similar cases happening in Indonesia. In addition, this paper seeks to find the available settlement alternatives which can be used to solve the conflict. The study will take a long, hard look on state practices (South Africa and India) concerning on the settlement of the economic and social (socio-economic) rights. The conclusion drawn is that a conflict involving society’s rights and interests should be solved in a comprehensive way. It cannot be solved only by litigation or non-litigation procedures. The Government should establish a policy concerning the regulation on the land expropriation. Also the government should monitor the implementation of the regulation in order to prevent from the abuses carried out by third parties (companies). Thus, the government will protect the socio-economic rights of the society
Co-Authors Agus Riwanto, Agus Andina Elok Puri Maharani Erna Dyah Kusumawati Isharyanto Isharyanto Sasmini Sasmini