LEGAL PROTECTION FOR COASTAL COMMUNITIES REGARDING THE ISSUANCE OF LAND CERTIFICATES FOR SEA FENCE CONSTRUCTION PROJECTS

Muhammad Ardian Fatiha Irawan, . (2025) LEGAL PROTECTION FOR COASTAL COMMUNITIES REGARDING THE ISSUANCE OF LAND CERTIFICATES FOR SEA FENCE CONSTRUCTION PROJECTS. Academia Open, 10 (2). pp. 1-13. ISSN 2714-7444

Text 2110611309_ArtikelKI.pdf Restricted to Repository staff only Download (614kB)

Abstract

Coastal and marine spaces are constitutionally mandated to be managed by the state for the greatest public welfare, particularly to safeguard the livelihoods of coastal communities that depend on marine resources. In Northern Tangerang, the issuance of Building Use Rights (SHGB) for sea fence construction projects by private corporations has restricted fishers’ access to the sea and raised fundamental legal and social concerns. Existing studies have not sufficiently integrated constitutional principles, agrarian law, marine governance, and empirical community impacts to assess the legality and implications of granting land rights over marine areas. This study aims to examine the legal validity of SHGB issued over coastal waters and to analyze their implications for social justice, sustainable development, and the protection of coastal communities’ rights. Using a juridical-empirical approach, the study finds that SHGB over marine areas are legally invalid due to the absence of Marine Spatial Utilization Permits and the incompatibility of seas as objects of land rights, while empirically causing socio-economic and ecological harm. The research offers an integrated constitutional–agrarian–marine law analysis grounded in field evidence. The findings support revocation of unlawful SHGB, stronger state oversight in marine governance, and enhanced legal protection for coastal communities to ensure equitable and sustainable coastal development.

Item Type:	Article
Additional Information:	[No, Panggil : 2110611309] [Pembimbing : Ridha Wahyuni] [Penguji 1 : Rianda Dirkareshza] [Penguji 2 : Prameswara Winriadirahman]
Uncontrolled Keywords:	Coastal Communities, Marine Governance, Land Rights, Social Justice, Sustainable Development
Subjects:	K Law > K Law (General)
Divisions:	Fakultas Hukum > Program Studi Hukum (S1)
Depositing User:	MUHAMMAD ARDIAN FATIHA IRAWAN
Date Deposited:	17 Mar 2026 02:17
Last Modified:	17 Mar 2026 02:17
URI:	http://repository.upnvj.ac.id/id/eprint/41450

Actions (login required)

View Item