DE JURE Critical Laws is a study of administrative law that focuses on the exploration, exploitation, and conservation of natural resources based on critical analysis as a result of thoughts, ideas, concepts, reviews, and studies aimed at achieving the welfare of living beings in a just and fair manner. as well as serving as a conduit for information and practical strategies for resolving legal issues, it represents a tangible contribution in the form of valuable ideas and insights for both students and the broader community. DE JURE Critical Laws contains legal texts in the field of Administrative Law relevant to Natural Resource Law to identify the ratio legis and ontological basis for the enactment of a law. By examining the ratio legis and ontological basis, the philosophical content of the legislation can be revealed. Thus, it can be concluded whether there is a philosophical conflict between the law and the issues at hand. Additionally, to address issues related to legal provisions and the philosophy behind them, as well as the legal facts of cases that have already been decided with final and binding force, the journal examines and identifies the ratio decidendi or reasoning (the court’s considerations in reaching its decision). DE JURE Critical Laws is a biannual publication, issued twice a year (June & November). The content of DE JURE Critical Laws articles may be quoted with acknowledgment of the source (Citation is permitted with acknowledgment of the source). The articles published have been edited as necessary by the editorial team without altering the substance of the original manuscript. The articles in this publication are entirely the personal opinions and responsibility of the authors and cannot be interpreted as the opinions of the publisher. Finally, the editorial team of the DE JURE Critical Laws Journal wishes you happy reading.
Program Magister Ilmu Hukum, Sekolah Tinggi Ilmu Hukum Sultan Adam Banjarmasin
NORMATIVE ANALYSIS OF LEGAL REGULATIONS ON VILLAGE COMMUNITY PARTICIPATION IN DEVELOPMENT
Village community participation is a crucial element in implementing democratic and sustainable village development. Normatively, community participation is regulated in various laws and regulations, particularly Law Number 6 of 2014 concerning Villages. However, in practice, community participation is often not optimal. This study aims to analyze the legal regulations regarding village community participation in development and assess their alignment with the principles of democracy and good governance. The research method used is normative legal research with a regulatory and conceptual approach. The results indicate that legal regulations provide a strong foundation for village community participation, but further strengthening is needed in the areas of implementation, oversight, and community empowerment.
Copyright (c) 2025 Dini Dini https://creativecommons.org/licenses/by/4.0
POSITION AND LEGISLATION MECHANISM OF ACEH QANUN IN INDONESIA'S NATIONAL LEGAL SYSTEM
The implementation of Qanun Jinayah in Aceh Province represents a tangible manifestation of the special autonomy granted by the state, as constitutionally mandated in Article 18B of the 1945 Constitution and Law No. 11 of 2006 concerning the Government of Aceh. This phenomenon creates a pluralistic legal system where Islamic criminal law formally coexists with national positive law. However, the existence of Qanun Jinayah raises complex juridical problems regarding its position within the hierarchy of statutory regulations. The main problem examined in this study is the challenge of harmonizing Sharia norms, particularly regarding punishments (uqubat), with national criminal law principles and human rights standards, as well as how its legislative mechanism ensures legal validity. This study aims to analyze the legal standing of Qanun Jinayah within the framework of the Indonesian national legal system. The method used is normative juridical with a qualitative library research approach, evaluating primary legal materials such as the text of Qanun No. 6 of 2014 and related laws, as well as secondary legal literature. The findings indicate that Qanun Jinayah holds a constitutional, autonomous, and integral position. Despite its specific content, its validity relies heavily on adherence to statutory formation procedures. The study concludes that legal harmonization can only be achieved through an aspirational legislative mechanism. A transparent law-making process that involves extensive public participation and is based on comprehensive academic drafts is a prerequisite to ensuring the legitimacy and legality of the Qanun within the framework of the Unitary State of the Republic of Indonesia.
Copyright (c) 2025 Deden Najmudin, Muhammad Airlangga Putra, Muhammad Fakhri Adryan, Muhammad Rifky Setiawan https://creativecommons.org/licenses/by/4.0
POSITION OF CORRUPTION OFFENCES AFTER CONSTITUTIONAL COURT DECISION NUMBER 25/PUU-XIV/2016 WHICH CHANGED FORMAL OFFENCES INTO MATERIAL OFFENCES
Bhabinkamtibmas has the main task of providing legal guidance and counseling to the community, as well as acting as a mediator in resolving cases that do not involve formal legal processes. They function as a liaison between the community and the policeThe type of research used in this study is normative law research. The results of the research: First: The concept of problem solving by Bhabinkamtibmas in resolving minor crimes through mediation is carried out by Bhabinkamtibmas in carrying out its role as Community Policing which has the authority to take the first action before entering the investigation and investigation process. Second: From the perspective of legal certainty of problem solving in the settlement of criminal cases by Bhabinkamtibmas in terms of the format of the peace agreement, there is a standard format in the appendix to Police Regulation Number 8 of 2021 concerning the Handling of Crimes Based on Restorative Justice that there is no legal prosecution of each other in the future even though there is a possibility of violation of the agreement on the ability to compensate from one of the parties and repeating his actions again.
bhayangkara for public security and order coaching
Copyright (c) 2025 YUNANTO YUNANTO https://creativecommons.org/licenses/by/4.0
Regulation of Groundwater Resources Licensing Based on Law Number 6 of 2023
This research aims to examine and analyze the regulation of water resource permits based on Law Number 6 of 2023 concerning Job Creation, and the sanctions for using water resources without a water resource use permit based on Law Number 6 of 2023 concerning Job Creation. This research uses the Theory of Licensing by Fitzgerald and the Theory of Authority by Philipus M. Hadjon. The research method used is normative and doctrinal legal research, which is prescriptive in nature, employing the Statute approach, Conceptual approach, and Case approach. Constitutional Court Decision Number 91/PUU-XVIII/2020 states that Law Number 11 of 2020 concerning Job Creation is conditionally unconstitutional and gives the government time to revise the law. Previous research by Prasetyo Budie Yuwono (2020), "A Brief Study of Law Number 11 of 2020 Concerning Job Creation Related to the Amendment of Law Number 17 of 2019 Concerning Water Resources"; Bagus Oktafian Abrianto (2023), "The Novelty of Business Licensing Based on Law Number 6 of 2023 Concerning the Ratification of Perpu Number 2 of 2022 Concerning Job Creation"; and Moh. Bagus (2023), "Licensing Policies in the Regions After Constitutional Court Decision Number 91/PUU-XVIII/2020";The findings of this research are that this regulation was created to ensure the orderly use of water resources in order to maintain ecosystem balance and the public's right to water, integrate water resource licensing into a risk-based OSS/NSS system to make the process more efficient and transparent, and prevent water use conflicts and ensure that access to water for the basic needs of the community remains guaranteed
Saiful Ruchiyat Cosahan Saiful Ruchiyat Cosahan
Copyright (c) 2025 Saiful Ruchiyat Cosahan https://creativecommons.org/licenses/by/4.0
Criminal Law Enforcement Motor Vehicle Drivers in Traffic Accidents Resulting in Death
One of the major problems in traffic management is traffic accidents. Article 1 point (24) of Law Number 22 of 2009 on Road Traffic and Transportation defines a traffic accident as an unexpected and unintentional event occurring on the road involving vehicles and/or road users, which may result in casualties or not. Referring to the provisions of Article 230, and in relation to Article 299, the issue arises as to whether such acts constitute criminal offenses categorized as violations or crimes. Furthermore, based on the types of traffic accidents as regulated in Article 299, the Indonesian National Police are faced with a choice of whether to proceed with the criminal justice process in accordance with the Criminal Procedure Code (KUHAP) as mandated by Article 230 of Law Number 22 of 2009 on Road Traffic and Transportation, or to apply a restorative justice mechanism as stipulated in Police Regulation Number 8 of 2021 concerning the Handling of Criminal Cases Based on Restorative Justice. The problems examined in this journal are as follows: (1) How is the law enforcement process against motor vehicle drivers who cause death in traffic accidents carried out? (2) How is traffic law enforcement by the traffic police viewed from the perspective of restorative justice for victims or victims’ families and suspects ? This research employs normative legal research, statute approach, and conseptual approach which is conducted based on legal literature consisting of primary, secondary, and tertiary legal materials. Primary legal materials are binding legal sources; secondary legal materials provide explanations or interpretations of primary legal materials; while tertiary legal materials offer guidance and clarification for both primary and secondary legal materials. The result of this study are as follows: (1) Criminal law enforcement by traffic police against motor vehicle drivers involved in traffic accidents resulting in death, when based on Law Number 22 of 2009, may only be applied to minor traffic accidents causing damage to vehicles and/or goods. It is not permitted by this law to resolve moderate or severe traffic accidents—resulting in minor injuries, serious injuries, or death—through out-of-court settlements. Even if compensation is provided, criminal liability is not extinguished. This condition creates a regulatory conflict with Police Regulation Number 8 of 2021 on the Handling of Criminal Cases Based on Restorative Justice, which allows restorative justice to be applied to serious traffic accidents causing injuries or even death, and permits the termination of investigations based on restorative justice as stipulated in Article 10. (2) Law enforcement by traffic police based on restorative justice constitutes an alternative mechanism for resolving traffic offense cases outside the court system and has been freely chosen and accepted by the community. However, the application of restorative justice in such a discretionary manner represents a deviation from statutory provisions, as investigators depart from the requirements of Article 310 of Law Number 22 of 2009, relying on subjective assessments of offenders grounded in humanitarian considerations. These assessments then serve as the basis and benchmark for conducting out-of-court law enforcement through discretionary release, which is not strictly bound by statutory regulations.
Copyright (c) 2025 SUSILAWATI https://creativecommons.org/licenses/by/4.0
ANALYSIS OF LAW ENFORCEMENT AGAINST OVER DIMENSION OVER LOAD (ODOL) VIOLATIONS ACCORDING TO THE ROAD TRAFFIC AND TRANSPORTATION LAW
Over Dimension Over Load (ODOL) is a serious issue that generates various negative impacts, including road infrastructure damage, traffic disruption, increased accident risks, air pollution, and inefficiencies caused by deteriorating road conditions. The management and enforcement of ODOL violations are crucial for the traffic system, as such violations have broad negative consequences for safety, transportation efficiency, and infrastructure sustainability. The problems examined in this study are: (1) How is law enforcement carried out against Over Dimension Over Load violations under Articles 277 and 307 of the Road Traffic and Transportation Law; (2) What is the future formulation of criminal sanctions in the Road Traffic and Transportation Law for ODOL violations ? This study employs a normative legal research method with a descriptive-analytical research nature and a statute approach. The findings indicate that: (1) The criminal acts of over-dimension and over-load are regulated differently in the Road Traffic and Transportation Law, including differences in sanctions. However, violations related to over-load (excessive loading) are not explicitly regulated in the law; (2) The formulation of criminal sanctions in the current Road Traffic and Transportation Law differentiates between over-dimension violations, which are categorized as criminal offenses with heavier sanctions and stricter liability, and over-load violations, which are categorized merely as infractions with lighter penalties. This categorization results in inconsistencies, as both violations produce similar negative impacts on road users. Therefore, a new legal formulation is needed to regulate Over Dimension Over Load violations more effectively.
Copyright (c) 2025 RIZA MUTTAQIN https://creativecommons.org/licenses/by/4.0
Custody of Children Growing Up Without a Father : Civil Law and Islamic Family Law Perspectives
This study analyzes child custody for children growing up without a father's role based on Indonesian Civil Law (KUH Perdata) and Islamic Family Law (Compilation of Islamic Law/KHI). Using a normative juridical approach, the research finds that KUH Perdata emphasizes the best interest of the child with priority given to the mother as guardian, while KHI incorporates sharia principles granting custody (hadhanah) to the mother until the child reaches 12 years old for boys and 9 years old for girls, with transfer according to the child's welfare. The comparison highlights the need for harmonization to protect children from psychological and social impacts due to the absence of the father, recommending strengthening the state's role in supervision.
Copyright (c) 2025 Ine Rima Fenriani https://creativecommons.org/licenses/by/4.0
CHALLENGES OF FAMILY LAW IN FACING CONTEMPORARY SOCIAL TRANSFORMATION
Social transformation triggered by globalization and technological disruption has fundamentally changed the landscape of family interactions. This article aims to analyze the challenges of family law in Indonesia in responding to dynamic contemporary social dynamics. The main problem examined is the existence of "cultural lag" or the gap between family law regulations which tend to be static and rapidly changing social realities, such as the childfree phenomenon, shifting gender roles, and digital era divorce. This study uses a qualitative method with a juridical-sociological approach. The study results show three main findings: (1) The transformation of gender roles demands a redefinition of the concept of nusyuz and the rights and obligations of husband and wife; (2) The digital era raises the complexity of proof in religious court procedural law related to electronic evidence; (3) The shift in the philosophical values of marriage requires progressive legal ijtihad. It is concluded that legal harmonization through regulatory reform, strengthening mediation, and adaptive judicial interpretation is urgently needed to maintain the relevance of family law as an instrument of justice and social resilience.
Copyright (c) 2025 Ahmad Dimyati Ridwan, Nita Puspita, Ai Djubaedah, Ilham Taufiq, Rayzal Nurfaiza Allatif https://creativecommons.org/licenses/by/4.0
TRANSFORMATION OF THE CONCEPT OF JARIMAH INTO THE INDONESIAN NATIONAL LEGAL SYSTEM: A STUDY OF CONSTITUTIONALITY AND HARMONIZATION OF ACEH QANUN JINAYAH
The concept of jarimah in Islamic criminal law holds a fundamental position in defining criminal acts and their sanctions. The implementation of Qanun Jinayah in Aceh Province represents a tangible manifestation of the transformation of this concept into the Indonesian positive legal system, legitimized by special autonomy (Law No. 11 of 2006). This study aims to analyze the form of transformation of the jarimah concept, the legal standing of the Qanun within the national hierarchy, and the challenges of harmonization with Human Rights (HAM) principles. This study employs a normative-juridical method with conceptual and statutory approaches. The results indicate that Qanun Jinayah is a form of "positivization" of Islamic Sharia, possessing a constitutional, autonomous, and integral standing within the framework of the Unitary State of the Republic of Indonesia. This transformation converts religious norms into state legal norms. However, legal harmonization continues to face challenges, particularly regarding physical sanctions (uqubat), which are often viewed as conflicting with international human rights standards and the national Criminal Code (KUHP). The study concludes that harmonization must be achieved through aspirational legislative mechanisms and a Maqashid Sharia approach to ensure legal validity.
DISQUALIFICATION OF INCUMBENTS AS A SANCTION FOR ELECTION ADMINISTRATION VIOLATIONS IN REGIONAL HEAD ELECTIONS
This research aims to legally analyze the legal construction of the element "beneficial or detrimental" in Article 71 paragraph (3) of the Regional Elections Law, viewed from the perspective of formal offenses and the stages of election law enforcement related to the enforce ment of disqualification sanctions under Article 71 paragraph (3) of the Regional Elections Law, in order to ensure legal certainty. This research utilizes Gustav Radburg's Theory of Legal Certainty, Immanuel Kant's Theory of the Rule of Law, and Friedrich Julius Stahl's Theory of the Rule of Law. Article 71 paragraph (3) of the Regional Elections Law aims to ensure fair competition by prohibiting incumbents from using their authority to benefit or disadvantage one of the candidate pairs. However, the enforcement of this norm creates legal uncertainty, as evidenced by the disparity in rulings between the Makassar Disqualification case and the Pare-Pare case, which have similar objects of violation but different rulings. The method used is normative empirical, prescriptive in nature with a Statute approach related to Law No. 10 of 2016, Law No. 7 of 2017, as well as implementing regulations such as KPU Regulations and Bawaslu Regulations, a Conceptual approach and a Case approach, namely the State Administrative Court (PT TUN) Decision No. 250K/TUN/PILKADA/2018 which upheld the disqualification of the incumbent. The panel of judges in this case tends to use a progressive approach that is close to the construction of a formal offense, where abuse of authority is considered legally proven. This sets a precedent that actions of abuse of power cannot be tolerated in local democracies. Conversely, in the case of the Pare-Pare Regional Election, the Supreme Court, thru Decision Number 06 P/PAP/2018, actually overturned the disqualification sanction against the incumbent. The research results show that the phrase "beneficial or detrimental" is often interpreted materially (there must be a real consequence), whereas it should be understood as a formal offense (conduct-based) for the effectiveness of law enforcement. Inconsistency also arises from the dualism in dispute resolution between Bawaslu's binding recommendations and KPU's Decree, which can be appealed to the Administrative Court. There is a need for regulatory revisions to clarify the formal nature of the offense in Article 71 paragraph (3) and to harmonize the procedural law for resolving election administration violations to ensure legal certainty for both incumbents and election organizers.
Copyright (c) 2025 Ishak Ishak https://creativecommons.org/licenses/by/4.0
LEGAL PROTECTION FOR MOVABLE PROPERTY BELONGING TO THIRD PARTIES IN FRAUDULENT OFFENSES
This research aims to legally analyze the legal protection of third-party movable property in the crime of fraud, and the ownership status of third-party movable property in the crime of fraud after a final and binding court decision. This research utilizes the Theory of Justice linked to the values prevalent in society by Carl Joachim Friedrich, the Theory of Legal Protection linked to Human Rights by Satjipto Raharjo, and the Theory of Legal Certainty linked to the enforcement of norms or rules as guidelines by Peter Mahmud Marzuki. The method used is normative and doctrinal legal, prescriptive in nature with the Statute approach, Conceptual approach, and Case approach, namely District Court Decision Banjarmasin Number: 757/Pid.Sus/2019/PN Bjm dated December 19, 2019, and Banjarmasin High Court Decision Number 114/PID/2019/PT BJM dated January 30, 2020; District Court Decision Kepanjen Number: 850/Pid.Sus/2010/PN. Kpj dated January 3, 2011, and District Court Decision Sumbawa Besar Number: 247/Pid.B/2006/PN.Sbb, dated December 28, 2006. Previous research by: 1. Afif Januarsyah Saleh, 2013, thesis, Legal Protection for Third Parties in Recovering Their Goods Confiscated in Criminal Acts, Analysis: legal protection for third parties in recovering their goods confiscated in criminal acts; legal consequences if the judge in a criminal judgment does not return the third party's property; How should the criminal justice system regulate legal protection for third parties? 2. Lukman Hakim, 2021, dissertation, Legal Protection of Third-Party Evidence in Good Faith in Corruption Cases at the Prosecution Stage. Analysis: the connection between third parties acting in good faith in the investigation, prosecution, and sentencing processes of corruption cases; the legal steps taken by third parties acting in good faith to defend their property rights that are subject to seizure during the investigation phase and the decision of the Corruption Court declaring the evidence confiscated for the state; formulating an ideal legal concept to provide legal protection to third parties acting in good faith regarding their property rights that are subject to seizure during the investigation phase and the evidence in the prosecution hearing. The difference with the author relates to the criminal acts of fraud and the movable objects that are the subject of the research. The research results indicate that the provisions in the Criminal Procedure Code and related regulations still do not provide optimal legal protection for third parties. This is evident from inconsistent court decisions in determining the ownership status of third-party movable property. Additionally, this research found that legal rule ambiguity can lead to legal uncertainty and potentially violate the principle of justice. Therefore, it is necessary to reformulate legal policies to provide more assertive and fair protection for third parties in cases of fraudulent criminal acts.
Copyright (c) 2025 Matrosul Matrosul https://creativecommons.org/licenses/by/4.0
THE AUTHORITY OF THE TRANSMIGRATION SERVICE IN THE HANDOVER OF LAND WITHOUT THE OWNER'S CONSENT TO PALM OIL COMPANIES IN KAPUAS REGENCYNumber: 223/Pid.B/2021/PN.Klk
This research aims to legally analyze the legal status of certified land rights as ownership rights regarding the authority to transfer ownership exercised by the Department of Transmigration; and to socio-legally analyze the use of legally valid land ownership rights by those who cannot cultivate their land and do not receive income from their land. The theories used in this study are the Theory of Authority by HD Stoud, as cited by Ridwan HR, and the Theory of Justice by John Rawls. Land and plantation conflicts are still occurring and unresolved to this day. The authority to regulate these issues is granted to the state in the form of the right to control and manage, with the intention that the state can provide the greatest benefit for the prosperity and welfare of the people, as stated in Law No. 5 of 1960 and other regulations. However, there are government agencies that have used their authority, resulting in HGU being issued on land with a certificate of rights, without permission, compensation, or other rights. Consequently, the land owner cannot cultivate the land, derive any benefit from it, and is treated unfairly. The method used is normative empirical, prescriptive in nature with the Statute approach, Conceptual approach, and Case approach, namely District Court Decision Number: 223/Pid.B/2021/PN.Klk. The results of this study indicate that the authority of the Transmigration Office to issue a handover letter is subsequently used to issue a Cultivation Rights (HGU). This HGU was then used and legally benefited from by private companies, which should no longer happen in our country based on law. Problems like this are becoming a legal dynamic in today's capitalist economy. In this case, it also shows the presence of a strong party, namely the large palm oil plantation, which is safely and comfortably enjoying the benefits of land they do not own, while the actual farmer owners, as the weaker party, can only hope for a miracle. Such incidents are also a form of oppression by the strong against the weak, so it is clear that based on John Rawls' theory of justice, real injustice has occurred.
Copyright (c) 2025 ismail https://creativecommons.org/licenses/by/4.0
HERMENEUTICS FOR JUDGES IN DECIDING CASES Number: 66/Pid.Sus/2021/Pn. Brb
This research aims to legally analyze the basis for the judge's considerations regarding hermeneutics in deciding case number: 66/Pid.Sus/2021/Pn.Brb, and to theoretically analyze the legal force of the judge's decision based on the Criminal Procedure Code. This research utilizes the Theory of Justice by Laurence Baum, the Theory of Integrity and the Theory of Oversight by Stephen L. Carter and Stoner and Wankel, and the Theory of Proof by Yahya Harahap. The method used is normative and doctrinal legal, prescriptive in nature with the Statute approach, Conceptual approach, and Case approach, namely the decision of the panel of judges of the Barabai District Court regarding circumstantial evidence in Case Number 66/Pid.Sus/2021/Pn.Brb. The complex issues of illegal drug trafficking and drug-related crimes are due to three factors contributing to the increase in illegal drug circulation: weak interdiction capacity, leading to an increased risk of drug trafficking; increased drug abuse, resulting in higher demand for drugs; and a lack of cooperation between law enforcement agencies, both nationally and internationally. Previous research by Samsudin, 2020, a thesis titled "The Code of Ethics and Guidelines for Judicial Conduct (A Comparative Study of the Book Adabu Al-Qadi and the Code of Ethics for Judges in Indonesia)," Master of Family Law Study Program, Faculty of Sharia and Law, Syarif Hidayatullah State Islamic University Jakarta. This empirical research focused on a comparative study of the code of ethics for judges in Indonesia with the book Adabu Al-Qadi from the element of Fiqh or Islamic Law, while the author's research specifically focuses on the legal aspects of Hermeneutics for judges in deciding cases by examining the outcomes of legal decisions regarding the cases. The results of this study are based on Case Decision Number 66/Pid.Sus/2021/PN Brb, using a hermeneutic approach to interpret drug norms (the judge stated that the defendant's actions were considered to violate Article 114 paragraph (1) of Law No. 35 of 2009 concerning Narcotics, subsidiarily Article 112 paragraph (1) of Law of the Republic of Indonesia Number 35 of 2009 concerning Narcotics). Awareness of social complexity, limitations of legal texts, and the plurality of interpretations encourages critical interpretation. The legal force of the decision, within the framework of the Criminal Procedure Code, lies in the combination of rational interpretation with evidence assessment (including circumstantial evidence), allowing the decision to have strong judicial conviction and comprehensive justification
Copyright (c) 2025 Mahyuni Mahyuni https://creativecommons.org/licenses/by/4.0
Ratio Legis for Legal Protection of Good Faith Landowners
A possessor is someone who controls land as if they were the rightful owner. This research aims to legally analyze the parameters of good faith in determining the legal status of a bezitter and to theoretically analyze the legal protection available to a good-faith bezitter of land. This research utilizes the Theory of Legal Certainty by Gustav Radbruch, Lon Fuller & Jan M. Otto, the Theory of Utility (Utilitarianism Theory) by Jeremy Bentham, and the Theory of Legal Protection by Fitzgerald. The research method used is normative and doctrinal legal research, which is prescriptive in nature, employing the Statute approach, Conceptual approach, and Case approach. This includes District Court Decision Pasarwajo Number 18/Pdt.G/2020/PN Psw, High Court Decision Number 60/PDT/2021/PTKDI, and Supreme Court Decision Number 1953 K/Pdt/2022. Previous research by Vanessa Loi, 2020, Thesis, Legal Protection for Good Faith Buyers Whose Land Sale Transactions Are Canceled by Supreme Court Decision. The sale and purchase conducted by a good faith buyer with a seller who is not authorized to sell violates the principle of nemo plus juris, resulting in the sale and purchase transaction being canceled by the judge's decision. Legal protection in the form of compensation can be provided to good faith buyers, but the judge's decision did not provide legal protection in the form of compensation to good faith buyers. The findings of this study are that the trial court's decision at the first instance differed, with the plaintiff being recognized as the rightful heir and the defendant having acted unlawfully; whereas the appellate and cassation courts recognized the defendant as the rightful owner. The principles of land law held by the judiciary often recognize long-term, open, and undisputed possession of land as the basis for a "priority right" to apply for a certificate. The Supreme Court's decision principle in this case is: a). A good-faith owner shall not be prejudiced by administrative errors of officials or formal defects in the title; b). The possessor who has openly and long held possession has stronger protection than a party who only has a written claim without actual possession. The government and law enforcement agencies can establish uniform rules for each property right, aiming to provide legal certainty.
Muhammad Rezha Setyadi Muhammad Rezha Setyadi
Copyright (c) 2025 Muhammad Rezha Setyadi https://creativecommons.org/licenses/by/4.0
Legal Certainty in Guaranteeing The Community's Right to a Living Environment within The Mining Business Permit Area
This research aims to legally analyze the concept of fighting for the right to a healthy environment in Article 66 of Law No. 32 of 2009 (UUPPLH) within the Mining Business Permit Area, and to theoretically formulate the legal status of the community's right to a healthy environment in Article 162 of Law No. 3 of 2020 (UUMinerba). This research utilizes the Theory of Legal Certainty by Lawrence M. Wriedman, Gustav Radbruch, Sudikno Mertokusumo, & Maria S.W. Sumardjono, the Theory of Legal Protection by Fitzgerald & Philipus M. Hadjon, and the Theory of Justice by Aristotle & John Rawls. The method used is normative and doctrinal legal, which is prescriptive, using the Statute approach, Conceptual approach, and Case approach. These include Supreme Court Cassation Decision Number 1567 K/Pid.Sus/2018 and Banjarmasin High Court Appeal Decision Number 134/PID.SUS-LH/2024/PT BJM. The difference from previous research is: (1) Rezki Purnama Samad, Thesis, 2021, The Urgency of Community Participation in Sand Mining Licensing and Supervision in Sidenreng Rappang Regency, formulates community participation in Rock Mining Business Licensing in Sidenreng Rappang Regency, and supervision of rock mining licensing in Sidenreng Rappang Regency; (2) Betsy Anggreni Kapugu, Dissertation, 2022, Corporate Mining Responsibility for Environmental Recovery in North Sulawesi, formulates the forms of responsibility and obligation for environmental recovery by the mining companies PT MSM and PT TTN in North Sulawesi, and the ideal model for the forms of responsibility and obligation for environmental recovery by mining companies in North Sulawesi. The author's research findings indicate that the explanation of Article 66 of the Environmental Protection and Management Law (UUPPLH) is still unclear and does not guaranty a sense of justice, thus harming the public because it is only intended for "victims" and/or reporters who pursue legal means. Article 162 of the Mineral and Coal Mining Law (UUMinerba) only provides guaranties to the public in the form of empowerment and land compensation, and even that is only for those directly affected. In terms of normative position, there is potential for conflict of norms because it is considered to potentially limit the public's space to fight for environmental rights, especially if protest actions or rejection of mining are considered "obstructing."
Copyright (c) 2025 Kisworo Dwi Cahyono Kisworo Dwi Cahyono, M. Hadin Muhjad https://creativecommons.org/licenses/by/4.0
LEGAL CERTAINTY IN PROBLEM SOLVING BY BHAYANGKARA FOR PUBLIC SECURITY AND ORDER
Copyright (c) 2025 HERI SISWOYO https://creativecommons.org/licenses/by/4.0
ANALYSIS OF STANDARD CLAUSES IN GENERAL TERMS AND CONDITIONS OF FINANCING AGREEMENTS
A standard clause refers to any rule, provision, or condition that is unilaterally prepared and set in advance by a business entity, documented in a binding agreement or document that consumers are required to follow. Essentially, a standard contract arises from the public's need to simplify and streamline transactions. This study aims to examine and analyze the implementation of standard clauses in financing in accordance with relevant laws and regulations, specifically to protect consumers from detrimental standard clauses in financing agreements. Using a normative research methodology, using the standard contract document from a financing agreement with PT. Toyota Astra Financial Services (TAF) as the object of research, this analysis evaluates the compliance of these standard clauses with applicable regulations and identifies potential violations of consumer rights. The results indicate that many standard clauses conflict with existing legal provisions, potentially harming consumers and undermining contractual fairness, resulting in the agreement being invalid and potentially void. Furthermore, this study uncovers significant gaps in consumer awareness regarding their rights and the legal recourse available to them when faced with unfair contract terms. The implications of this research underscore the need for stronger regulatory oversight and increased consumer education to mitigate the risks associated with standard clauses in financing agreements
GEDE AGUNG KURNIAWAN GEDE AGUNG KURNIAWAN
Copyright (c) 2025 GEDE AGUNG KURNIAWAN, Karlie Hanafi Kalianda https://creativecommons.org/licenses/by/4.0
INTEGRATION OF TRAFFIC IMPACT ANALYSIS (ANDALALIN) FOR BUSINESS OWNERS
The licensing system touches lives because it is linked to activities that require the attention of government officials in the form of permits. Andalalin's authority falls under the authority of the Minister, Chief of Police, Governor, Regent/Mayor in relation to enforcing traffic and road transport laws. The role of this official is very important. However, UULLAJ as a lex specialis does not regulate the responsibility of implementers who fail to complete Andalalin. This research focuses on discussing the regulation of Traffic Impact Analysis (Andalalin) for business actors and the sanctions. This research is classified as normative legal research which is carried out by examining library materials to look for legal principles, both ideal elements that produce legal rules through legal philosophy and real elements that produce certain legal systems. This research concludes that the regulation of Andalalin in the licensing system to ensure the security and safety of public road users is part of the road construction permit as a decision of government organs which must not conflict with the principle of legality. Regarding sanctions for business actors who do not comply with Andalalin documents in road infrastructure design, if a traffic accident occurs causing road users to suffer losses, they can be held responsible based on Article 99 of Law Number 22 of 2009 concerning Road Traffic and Transportation in conjunction with PP No. 30 of 2009. 2021 concerning the Implementation of Road Traffic and Transportation, the maximum penalty according to Regional Regulations is 6 months. However, in its implementation, administrative sanctions are often given based on Article 82 of Law Number 2 of 2022 concerning Job Creation which emphasizes the existence of administrative sanctions for environmental violations in the form of: Written warnings/warnings; Government coercion; Administrative fines; Attempted freezing; and/or Revocation of business license
Evan's Ricardo Tumanggor Evan's Ricardo Tumanggor
Copyright (c) 2025 Evan's Ricardo Tumanggor https://creativecommons.org/licenses/by/4.0
ENVIRONMENTAL CRIMINAL LAW ENFORCEMENTBASED ON PENAL MEDIATION
This study aims to analyze environmental criminal law enforcement and alternative settlements of environmental criminal cases based on penal mediation, namely the Police and the Prosecutor's Office to corporate parties or industrial players. This research is a normative-empirical research that analyzes legal materials and the data is described descriptively qualitatively obtained from the results of the literature and questionnaires from the community regarding environmental management and environmental impacts related to Environmental Criminal Law Enforcement analyzing related concepts and theories and concepts so that conclusions can be drawn. The Police and Prosecutors must enforce the law firmly and consistently. Settlement of environmental crimes cases through penal mediation is relatively simple, fast and low-cost. With the existence of penal mediation as an alternative for solving environmental crimes, it provides the possibility to apply punishments that are more flexible and beneficial to the environment.
Copyright (c) 2024 Masdari Tasmin https://creativecommons.org/licenses/by/4.0
VIOLATIONS OF ENVIRONMENTAL LICENSES IMPACT FLOOD DISASTER IN SOUTH KALIMANTAN IN 2021 :CASE STUDY OF BANJARMASIN TUN COURT DECISION NUMBER 6/G/TF/2021/PTUN.BJM
This study aims to analyze the regulation of confiscation as an administrative sanction for violations of environmental permits, and accountability for the causes of the flood disaster in South Kalimantan due to illegal exploitation of natural resources.This research is a normative legal research that examines legal norms, legal principles, and legal doctrines sourced from primary and secondary legal materials relating to the issue of confiscation as an administrative sanction applied to violators of environmental permits through a statutory approach and concepts that are supported by legal materials that are analyzed qualitatively, namely analysis without using numbers, but making conclusions on the results of interpretation of legal rules relevant to the subject so that conclusions can be drawn.Confiscation can be applied to violations of environmental permits by authorized government officials in the context of enforcing environmental laws and is a special sanction due to violations of environmental permits, so it is necessary to evaluate the Government and Society of South Kalimantan Province that protecting the environment can collaborate with each other on land in the South Kalimantan Province to be able to follow the relevant laws and government regulations in the South Kalimantan Province Region
Copyright (c) 2024 Fauzan Ramon https://creativecommons.org/licenses/by/4.0
JURIDIC ANALYSIS OF WASTE MANAGEMENT: A CASE STUDY OF HOSPITAL MEDICAL WASTE AKA MEDIKA SRIBHAWONO AND FACTORY WASTE PT. MARIMAS
This study aims to analyze the application of sanctions for pollution by PT. Marimas Semarang City is consistent with the provisions of Law No. 32 of 2009 concerning Protection and Management of the Environment, and Supervision and enforcement of the law on criminal acts of B3 medical waste management at AKA Medika Sribhawono Hospital, East Lampung Regency. Therefore, the author conducted a normative-empirical research by analyzing legal materials and the data described using a descriptive-qualitative approach. This research is focused on a problem and the situation will then reveal a fact that is analyzed with related concepts and theories so that conclusions can be drawn. Fulfillment of elements of the provisions of Article 103 of Law No. 32 of 2009 concerning Environmental Protection and Management in conjunction with Article 59 Paragraph 1 Amendments to Law No. 32 of 2009 concerning the Protection and Management of the Environment in the Republic of Indonesia Law No. 11 of 2020 concerning Job Creation and/or Article 104 Juncto Article 60 of the Republic of Indonesia Law No. 32 of 2009 concerning Environmental Protection and Management.
Copyright (c) 2024 Mpho Paulos Bapela https://creativecommons.org/licenses/by/4.0
Implication of Notary Law Service Institutions for Unafficient Person
This research is a study to find the characteristics of notary legal services for free of charge and to find the implications of notary legal services for free for people who are unable to apply the provisions of Article 37 paragraph (1) and (2) of Law Number 2 of 2014 regarding the Position of Notary Public.The research method used is Normative-Emperis legal research, which is a library research or study on written regulations or other legal materials that are adapted to field studies based on the results of interviews with several notary officials with legal status in Kediri Regency as respondents as objects. research. Conceptual approach (conceptual approach) and statutory approach (statute approach). This research examines and analyzes the provision of legal services free of charge by notaries for people who cannot afford it in relation to Article 37 paragraph (1) and (2) of Law Number 2 of 2014 concerning Notary Position. Hans Kelsen's Theory of Legal Effectiveness regarding the concept of effectiveness focuses on the subject and sanctions. The findings of this study indicate that there is a conflict of norms between the provisions of Article 37 paragraph (1) & paragraph (2) of the Law on Notary Office Number 2 of 2014 which can lead to multiple interpretations so as to result in legal uncertainty for the service performance of Notary officials
Copyright (c) 2024 Erika Lismayanti https://creativecommons.org/licenses/by/4.0
A System of Guidance for Female Prisoners in IIIB Class of Kuala Kapuas Detention Centers
This research found a system for coaching female prisoners at the Class IIB Kuala Kapuas Prison and the future progress of the implementation of guidance, especially the women's prison in Kuala Kapuas. Kapuas. The method used is Normative-Emperis legal research, which is a library research or study on written regulations or other legal materials that are adapted to field studies based on the results of interviews as respondents as research objects. Approach legislation (statute approach). This study examines thesystem applied in the framework of fostering female prisoners at the Class IIB Kuala Kapuas detention center and the future progress of the implementation of guidance, especially women's detention centers in Kuala Kapuas jurisdiction. The theory used in this research is from Louise Kiddler that evaluative research is research that serves to explain the phenomenon of a product, program or policy that emphasizes the effectiveness of the product, program or policy.The findings of this study are that theguidance of female prisoners at the Class IIB Kuala Kapuas detention center is oriented towards integrating themselves and the community so that they receive the support and participation of the inmates and outsiders.
Copyright (c) 2024 Suriyadi Suriyadi https://creativecommons.org/licenses/by/4.0
IMPLICATIONS OF TRANSFER OF AUTHORITY OF LEGAL ASSURANCE ORIENTED LAND UTILIZATION LICENSE
This research study aims to analyze theoretically the validity of the issuance of land use permits by the Online Single Submission Institution, which is oriented towards legal certainty. The problems that arise regarding the implications of the transfer of authority to issue land use permits from the Regional Government to the Online Single Submission Institution. This study uses a normative legal research method, which examines the problem of legal certainty based on the level of legal norms. Prescriptive nature of research. By using the statutory approach (Statute Approach), the Conceptual Approach. The theory that the author uses is the Stufenbau Des Recht Theory by Hans Kelsen and the Gustav Radbruch Legal Assurance Theory that law is normative because of the value of justice (Legal Certainty). The conflicting legal principle of lex superior derogat legi priori, theoretically raises the invalidity of legal norms and legal uncertainty, where the validity of the authority to issue permits can be judged to be forced and beyond the authority regulated in the law.
Copyright (c) 2024 Chandra Saputra https://creativecommons.org/licenses/by/4.0
The Role of Notary on The Legal Certainty of The Agreements Under The Hand as Civil Evident Tools in The Court
The purpose of this research is to find the role of the Notary against an underhand agreement which is used as evidence in court and to find the legal consequences of an underhand deed that has been registered or legalized by a Notary as evidence in court. The research method is empirical legal research. This research was conducted by interviewing respondents who live in Kapuas Regency because there are still many practice making agreements under hand. The theory of legal certainty from Gustav Radbruch that legal certainty is divided into certainty because of the law and certainty in or from the law.The finding of this research is that the role and responsibility of the notary towards the legal certainty of an underhand agreement is a guarantee of legal protection for the community in the event of default of the agreement made by the parties. The power of proof of a deed under hand in a civil case, as long as the deed under hand is not denied or denied by the parties, the underhanded deed has the same legal force as an authentic deed, whereas if the authenticity of the signature in the deed is under hand it is denied its correctness then the validity of the deed must be proven by using other evidence, such as witnesses, allegations and confessions.
Copyright (c) 2024 Saddam Syahbani Nasution https://creativecommons.org/licenses/by/4.0
THE EFFECTIVENESS OF LEGAL PROTECTION FOR INDIGENOUS COMMUNITIES IN THE MANAGEMENT OF CUSTOMARY LAND IN THE MERATUS REGION, PAPAGARAN VILLAGE, SOUTH KALIMANTAN
The weakness of legal protection for indigenous peoples occurs in the Dayak Meratus community in Hulu Sungai Tengah Regency, South Kalimantan. From 2018 to 2021, they faced a conflict with PT Mantimin Coal Mining (MCM), a coal mining company that obtained a Mining Business License (IUP) in its operational area in Tabalong Regency, including in the Papagaran Village area, which overlaps with customary land owned by indigenous peoples. Despite strong resistance from indigenous peoples and local governments, exploration activities continue, which not only cause environmental damage, but also threaten the survival of local communities. This study aims to determine how the effectiveness of legal protection of indigenous peoples in the management of customary land in the Meratus area of South Kalimantan, what are the inhibiting and supporting factors for the effectiveness of legal protection of indigenous peoples in the management of customary land in the Meratus area of South Kalimantan. In this study the research results were obtained from the field and analyzed based on relevant laws and regulations. The research uses a sociological juridical approach, namely by looking at how the law runs and is applied in the lives of indigenous peoples. The findings were obtained through direct interviews with indigenous peoples, traditional leaders, and village officials in Papagaran Village. the results of the research obtained from the field and the analysis of the relevant laws and regulations. The research uses a sociological juridical approach, which looks at how the law works and is applied in the lives of indigenous peoples. The findings were obtained through direct interviews with indigenous peoples, traditional leaders, and village officials in Papagaran Village. In practice, the recognition has not yet provided effective protection due to the absence of mapping of customary territories and legal administrative documents. This leaves indigenous peoples in a legally weak position when facing claims from outside parties. This causes indigenous peoples to be in a legally weak position when facing claims from outside parties. Factors inhibiting the effectiveness of legal protection of customary land include the lack of public understanding of formal legal procedures, the absence of mapping of customary areas, and the exclusion of customary communities in the licensing process. Meanwhile, the supporting factors are the existence of customary institutions that are still strong, the solidarity of the indigenous community, and the support of the village government which plays an active role in assisting the protection of customary rights.
Copyright (c) 2024 Muthia Septarina https://creativecommons.org/licenses/by/4.0
BENEFITS OF THE UTILIZATION OF COASTAL AREA JUSTICE BASED
This study aims to analyze theoretically regarding the Use of Fairness-Based Coastal Areas. The problems that arise regarding the implications of taking sides in the use of coastal areas in the jurisdiction of the Unitary State of the Republic of Indonesia are based on justice. This study uses a normative legal research method, which examines the problem of taking sides in the use of coastal areas regulated in the relevant legislation. Prescriptive nature of research. By using the statutory approach (Statute Approach), the Conceptual Approach. The theory that the author uses, namely: Welfare State Theory and Justice Theory. In practice the policy on the use of coastal areas has several legal rules that have not been implemented properly because they are about to be realized, but in the aspect of the legal instruments used, they have not answered various challenges and problems based on rules that are not fully in favor of the community. The findings of this study are that the State's alignment with foreigners in the use of coastal areas has an impact on the loss of justice rights for indigenous / traditional communities that are hereditary. Development in coastal areas must ensure legal protection in the fair and sustainable use of marine resources for nature and indigenous peoples.
Copyright (c) 2025 Dominggus Raymond S.L https://creativecommons.org/licenses/by/4.0
LAW ENFORCEMENT OF RIVER WATER QUALITY POLLUTION IN THE CITY OF A THOUSAND RIVERSBASED ON STRICT LIABILITY
This study aims to analyze environmental criminal law enforcement by law enforcement actors in Banjarmasin, namely the Police and the Attorney General's Office to corporate parties or business actors as well as legal obstacles that arise in the implementation of criminal practices faced by law enforcement actors if the corporation pollute water where the water is the source of life for Banjarmasin residents who live on the banks of the river or businesses or industries or corporations that produce waste that can pollute the rivers in Banjarmasin. This research is a normative-empirical research that analyzes based on laws and regulations regarding environmental management and environmental impacts, questionnaire data from communities, businesses, industries, corporations that are near or above the rivers in Banjarmasin. The approach in this study uses the statute approach, fact approach, and analytical conceptual approach. In accordance with its normative nature. Legal materials are analyzed descriptively in an evaluative, interpretative, systematic, constructive and argumentative manner using existing theories and concepts and after that analysis is carried out so that conclusions can be drawn. Article 35 paragraph (1) UUPPLH which is subject to the principle of absolute accountability. Businesses and activities that cause major and significant impacts are businesses and activities that are required to implement RKL and RPL which are part of the AMDAL document, while businesses and activities that use B3 and/or businesses and activities that generate B3 waste are businesses and activities that have high risk. can pollute and/or damage the environment and/or endanger the environment, health, and the survival of other living things so that the use must be optimal. But not all business activities are subject to the principle of absolute accountability
Copyright (c) 2024 Subroto Subroto https://creativecommons.org/licenses/by/4.0
MEDIATION OF LAND SETTLEMENTS ACCORDING TO CUSTOMARY LAW
Mediation is an alternative to dispute resolution outside the court using the services of a mediator or arbitrator. According to customary law it is regulated and partly regulated by the local customary law in question. This approach is also known as a sociological approach that is carried out directly to the field of research intended to examine the relationship between the Government and indigenous peoples in terms of resolving land disputes through customary mediation. The results of the research on land dispute resolution through Customary Law are also in the form of Authoritative Mediators, with simpler stages such as summoning the parties to the dispute, calling witnesses, deliberation processes, and closing (reading decisions from deliberations. Mediation of land settlements according to customary law as carried out by the Customary Peace Judge (KAN) there are two patterns, namely the first pattern in the form of a decree consisting of sections :reading, weighing, remembering, paying attention to, deciding and signing the results of the judgment. The second pattern resembles a decision.
Copyright (c) 2024 Ningrum Ambarsari https://creativecommons.org/licenses/by/4.0
PROBLEMS OF REGULATING BUSINESS COMPETITION IN THE INDONESIAN LEGAL SYSTEM
The development of economy in Indonesia has its own specific characteristic compared with other countries where the pillar of the economy is based on Article 33 of the 1945 Constitution. Its stipulates that the economy is structured as mutual efforts based principle of familyhood, so the Indonesian economy is society-economy oriented. It constitutes judicial constitutional stipulation, namely to actualize social walfare for the entire people of Indonesia based on the profound sense of togatherness among the society members. Further, there should be linkages among the big, medium and small scale economic performers, an among the strong and the weak ones, and among various economic activities, with the spirit of familyhood which are mutually supporting and favorable. In economic democracy, production branches which are important for the State and dominate the needs of the public must be dominated by the State. The domination by the State can be implemented through legislation, policy, and regulation on direct ownership under the government’s authority. Varied regulations related with the State’s domination constitute Consistency of Economic Development Policy and Legislation on Business Competition Law in Indonesia. Prior to the exixtence of Act Number 5 of 1999 concerning prohibition on Monopoly Practices and Unfair Business Competition, there were a great number of previous regulations as well as efterwards with become sychronization in order to provide legal umbrella for business performers and consumers and harmonization of other institutions with Business Competition Suvervisory Commission.
Copyright (c) 2024 Karli Kalianda https://creativecommons.org/licenses/by/4.0