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
Brand, Danie ‘Socio-Economic Rights and Courts in South Africa: Justiciability on A Sliding Scale’, in Fons Coomand (ed.), Justiciability of Economic and Social Rights, Experiences from Domestic Systems, Intersentia, Antwerp, 2006, pp. 207-236 Constitution of The Republic of South Africa No. 108 of 1996, [Date of promulgation: 18 December 1996, Date of Commencement: 4 February 1997, available at http://www.info.gov.za/documents/constitution/1996/a108-96.pdf, sections 25-35 Constitutional Court of Republic of South Africa, President of Republic of South Africa and Another v. Modderklip Boerdery (Pty) Ltd and Others, August, 2005, BCLCR 786 (CC) Constitution of India, it was adopted by the Constituent Assembly on 26th November 1949 and came into force on 26th January 1950, available at http://aptel. gov.in/pdf/constitutionof%20india%20acts.pdf Davis, Dennis. Socioeconomic Rights in South Africa: The Record after Ten Years, The New Zealand Journal of Public and International Law, vol. 2, No. 1, 2004 Dennis, MJ. and Stewart, DP. ‘Justiciability of Economic, Social and Cultural Rights: Should There be an International Complaints Mechanism to Adjudicate the Rights to Food, Water, Housing and Health?’, American Journal of International Law, Vol. 98, No. 3, 2004, pp. 462-515 Eide, A. The Right to Adequate food as a Human Right. UN Doc E/CN.4/ Sub.2/1987/23 El Muhtaj, Majda. 2008. Dimensi-Dimensi HAM, Mengurai Hak Ekonomi, Sosial dan Budaya. Rajawali Pers. Jakarta Foster, M. 2007. International Refugee Law and Socio-Economic Rights: Refugee from Deprivation, Cambridge University Press. New York Harsono, Boedi. Tafsiran Undang-Undang Pokok Agraria. Alumni, Bandung, Jheelan, Navish. ‘The Enforceability of socio-economic rights’, European Human Rights Law Review, vol. 2, 2007 Langford, Malcolm. Domestic Adjudication and Economical, Social and Cultural Rights: a Socio-legal Review, Sur International Journal of Human Rights, Volume 6 Number 11, 2009, pp. 91-121, available at http://www.surjournal.org/eng/conteudos/ pdf/11/05.pdf KOMNAS HAM, Sub Commission on Monitoring and Investigation, The Investigation and monitoring report on Land Rights Conflict in Register 45 between PT. Silva Inhutani and villagers, Mesuji District,. Lampung Province, from 3 to 6 February 2012, Jakarta, 2012 KOMNAS HAM, Sub Commission on Monitoring and Investigation, Monitoring report on land conflict between Sungai Sodong Villagers and PT. Sumber Wangi Alam, South Sumatera, Kayu Agung – Palembang, from 26 to 29 April 2011, Jakarta, 2012 Kusumawati, Erna Dyah. Unpublished Thesis, The Role of the Indonesian Human Rights Commission and National Courts in Facilitating the Justiciability of Economic, Social and Cultural Rights (A Case Study on the Hot Mud Flow Disaster in East Java Province, Indonesia), University of Groningen, The Netherlands, 2011 Kothari Jayna. ‘Social Rights Litigation in India: Developments of the Last Decade’, in Daphne Barak-Erez and Aeyal M. Gross (eds.), Exploring Social Rights: Between Theory and Practice, Hart Publishing, Oxford, 2007, Ramcharan (ed.), B.G. Judicial Protection of Economic, Social and Cultural
Kusumawati, Erna Dyah; Kusumo, Ayub Torry Satriyo; and Sasmini, Sasmini
"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,"
Indonesian Journal of International Law: Vol. 10
, Article 4.
Available at: https://scholarhub.ui.ac.id/ijil/vol10/iss2/4