An Analysis of the Justice Values to Legal Protection for Traditional People from Coastal Reclamation Threat in Coastal Areas

Faculty of Law, University of Trunojoyo Madura, Madura, Indonesia

^* Corresponding author: rina.yulianti@trunojoyo.ac.id

Abstract

The background of this research is based on the fact that law protection to the traditional people in coastal areas due to the impacts of coastal reclamation tends to be low. Protection scheme in Law 27/2007 jo Law 1/2014 and its translation rules has not positioned the equality in terms of coastal resources use based on the justice principles. The research method of normative law by using statute approach is employed to see the justice value implementation to grant law protection for traditional people. The current research shows that the setting to coastal reclamation activities by legalizing the compensation method is inadequate to replace and restore their livelihood from generation to generation in the use of natural resources missing due to the adverse impact of given activities. This criterion indicates the stolen honour to people rights. Injustice because of the absence of agreement rights related to coastal reclamation activities potentially breaks the nature of people rights. The introduced regulation lets the fishermen’s rights broken, in particular this is due to the objection mechanism and its clear period when the people disagree to reclamation activities are not ruled in the process of reclamation planning.