Tinjauan Yuridis Status Hukum Pagar Laut, Tanah Timbul, dan Implikasinya di Desa Kohod, Pakuhaji, Tangerang

Abstract

The construction of a seawall and the emergence of new land in the coastal area of Kohod Village, Pakuhaji Subdistrict, Tangerang Regency, have raised legal issues regarding control over coastal areas and the protection of the rights of local communities and fishermen. Restrictions on access to coastal areas have the potential to disrupt the living spaces and livelihoods of local communities, thereby giving rise to conflicts of interest. This study aims to analyze the legal status of the seawall and the newly emerged land, as well as their implications for the rights of coastal communities and fishing groups. The research method employed is a normative legal approach using a case study methodology. Data was obtained through a literature review of relevant laws and regulations, legal doctrines, official documents, and court rulings, and was then analyzed qualitatively using deductive reasoning. The results of the study indicate that newly emerged land is state-controlled land, and its management must take into account the social function of the land as well as the protection of coastal communities’ rights. The existence of marine barriers without a valid legal basis contradicts the principles of justice, public benefit, and legal certainty.