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Kumar, Amit

SocioHumania: Journal of Social Humanities Studies 2026 Yayasan Mabadi Iqtishad Al Islami

This study examines the relationship between Indigenous Knowledge Systems (IKS) and legal autonomy within the Indian legal and constitutional framework. It explores how ancient Indian governance recognized legal pluralism through customary laws, village autonomy, tribal jurisdictions, and decentralized judicial systems. The study further analyzes the ecological and philosophical foundations of Indigenous Knowledge Systems, emphasizing the indigenous worldview that promotes harmony between humans and nature through principles of sustainability and environmental stewardship. Additionally, the research evaluates the legal challenges faced by indigenous communities under modern intellectual property regimes, particularly concerning communal ownership, oral traditions, and biopiracy. Constitutional protections such as the Fifth Schedule, Sixth Schedule, and the Forest Rights Act (2006), alongside landmark judicial decisions, demonstrate India’s efforts to safeguard indigenous rights and traditional knowledge. The study also highlights international legal mechanisms, including the Convention on Biological Diversity (CBD), the Nagoya Protocol, and WIPO initiatives, while emphasizing the need for stronger legal frameworks and international cooperation to ensure indigenous sovereignty and long-term protection of Indigenous

Abdul Rochim; Mohamad Tohari; Naya Amin Zaini

Jurnal Hukum, Politik dan Humaniora 2026 Lembaga Pengembangan Kinerja Dosen

In contemporary legal systems, social conflict between the state and indigenous communities is a complicated matter, especially when it comes to the acknowledgement and defense of indigenous peoples' rights to land, natural resources, and cultural identity. Indigenous peoples' rights, which before the establishment of the modern state, are frequently disregarded by imbalances in official policies that prioritize development interests. In this context, legal reconciliation is a relevant approach to resolving these conflicts in a just and sustainable manner. Legal reconciliation emphasizes the integration of customary law into the national legal system and the harmonization of state policies and the interests of indigenous peoples to create a more inclusive legal order. The study of legal standards relevant to resolving disputes between the state and indigenous peoples is the main emphasis of this research, which employs a normative juridical approach. The approach used in this research includes an analysis of national legislation, international legal instruments related to indigenous peoples' rights, and relevant legal doctrines. Using a statute approach and a conceptual approach, this research explores how legal reconciliation can be implemented in resolving social conflicts. Furthermore, this research highlights the role of legal principles such as restorative justice, legal pluralism, and recognition of indigenous peoples' rights in developing more effective conflict resolution mechanisms. This analysis is expected to establish a strong legal foundation for promoting more inclusive and socially just legal policies for indigenous peoples.

Mulat Mrabawani; Wanda Odelya Kusuma Atha; Brenda Aurora Taradwipa

Deposisi: Jurnal Publikasi Ilmu Hukum 2026 International Forum of Researchers and Lecturers

This study aims to analyse the legal status of physical possession evidenced by a Letter C under land law, as well as the issue of legal certainty in the resolution of land disputes by the state. Many members of the public still rely on a Letter C as proof of possession of the land they own, even though this document serves only as administrative evidence and not as a strong instrument of proof of ownership. This study employs a juridical-normative legal research method using a legislative approach and a conceptual approach. The legal materials were gathered through a literature review and analysed qualitatively, with the findings presented in a descriptive format. The results indicate that Letter C possesses relatively weak evidential weight as it is merely an administrative record that does not follow the procedures within the land registration system as stipulated by the UUPA. Currently, Letter C serves only as a guide and therefore no longer possesses legal force equivalent to a certificate. The land system in Indonesia adopts a negative publication system with a positive tendency, meaning that a certificate constitutes strong evidence of rights, but may still be revoked if another party is able to prove their rights.

Violla Evarista; Kristanto Kristanto; Vinanda Langgeng Kencana; Riyan Ardiansyah; I Komang Agus Tri Wismantara

Prosiding Seminar Nasional Ilmu Hukum 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Land rights disputes arising from overlapping land certificates remain a complex agrarian law issue frequently encountered in Indonesia. This phenomenon reflects weaknesses in the land administration system, particularly in data collection, land measurement, and certificate issuance. Such disputes create conflicts, legal uncertainty, and reduced public trust in the land registration system. In practice, these disputes are generally resolved through civil litigation procedures in the District Court. This study aims to comprehensively analyze civil procedural law in resolving land rights disputes involving overlapping certificates and to examine the evidentiary strength of land certificates in judicial proceedings. This research employs a normative legal method using statutory and conceptual approaches, supported by primary and secondary legal materials. The findings indicate that dispute resolution begins with the filing of a lawsuit, followed by mediation, court examination, and the evidentiary process as the most crucial stage in determining lawful ownership. Land certificates serve as strong evidence; however, they are not absolute, as they may be challenged if administrative or substantive legal defects are identified. Judges play a central role in assessing certificate validity by considering land history, physical possession, good faith, and compliance with legal procedures. Nevertheless, the effectiveness of dispute resolution still requires improvement through better land administration, enhanced data accuracy, and stronger institutional integration.

Ulfa Dahlia; Bambang Panji Gunawan; Ahmad Heru Romadhon

Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA 2026 Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

The Comprehensive Systematic Land Registration Program (Pendaftaran Tanah Sistematis Lengkap (PTSL) is a government initiative aimed at providing legal certainty regarding land rights by accelerating land registration in Indonesia. However, in its implementation, various administrative problems have been identified that result in the issuance of Certificates of Ownership (SHM) with administrative defects, particularly regarding land that previously held a Right to Build (Hak Guna Bangunan (HGB) or a title deed in the form of a Deed of Sale and Purchase (Akta Jual Beli (AJB). This study aims to analyze the mechanism for canceling SHMs due to administrative errors in the implementation of the PTSL and the forms of legal protection available to parties harmed by the issuance of such administratively defective SHMs. The research method employed is normative legal research using a statutory approach and a case-based approach. The results of the study indicate that the cancellation of SHM due to administrative defects can be carried out through administrative mechanisms at the National Land Agency or through a lawsuit in the Administrative Court. Examples of administrative errors by the PTSL committee include errors in the verification of legal data, failure to conduct a land history investigation, errors in the measurement of land parcels, and disregard for the rights of other parties who previously held HGBs or AJBs. Legal protection for aggrieved parties is provided through administrative remedies, civil lawsuits, administrative court actions, and the blocking of problematic certificates. Holders of a previously issued Deed of Sale (AJB) have the legal standing to seek the cancellation of a Certificate of Ownership (SHM) issued in another party’s name, as the AJB serves as authentic evidence demonstrating a legal relationship to the land in question.

Abdul Rahman Hamid; Abdul Aziz Tambunan; Martini Anwar; Annisa Rahmi Faisal

Faedah : Jurnal Hasil Kegiatan Pengabdian Masyarakat Indonesia 2026 FKIP, Universitas Palangka Raya

This community service activity was carried out to strengthen the advocacy capacity of the Pari Island community, Seribu Islands, DKI Jakarta, in defending their rights to land and living space from corporate claims of control. The problems faced by the community are not only related to land disputes, but also include social pressure, community polarization, threats of eviction, economic weakening, and damage to coastal ecosystems due to reclamation activities. The community service activity was carried out through participatory dialogue, problem mapping, strengthening legal literacy, discussions on advocacy strategies, and the formulation of a sustainable assistance model with the community. The results of the activity indicate that the Pari Island community has carried out various forms of advocacy, including collective action, collaboration with civil society organizations, media publications, legal assistance, institutional complaints, and environmental advocacy. However, this advocacy still needs to be strengthened through internal consolidation, documentation of intimidation, strengthening the community economy, mangrove protection, and strengthening the community's mental health. This article offers the concept of advocacy for living space resilience as a model for assisting small island communities. This model combines legal, social, media, environmental, economic, psychological, and community-based documentation advocacy. With this approach, community service serves not only as an outreach activity but also as a socio-legal assistance process that strengthens community resilience in the face of long-term agrarian and ecological conflicts.

Dyah Fitri Kurniasari

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2026 Pusat Riset dan Inovasi Nasional

In social practice, land sale and purchase transactions are still frequently conducted through private agreements, mainly driven by mutual trust between the parties, cost considerations, and the perception that such procedures are simpler and faster. From the perspective of civil law, such sale and purchase agreements remain valid and legally binding as long as they fulfill the legal requirements of a valid contract as stipulated in Article 1320 of the Indonesian Civil Code. However, within the national land law system, land sale and purchase agreements executed under private deeds cannot serve as a legal basis for the transfer of land rights because they are not made before a Land Deed Official (Pejabat Pembuat Akta Tanah/PPAT) as required by statutory regulations. This divergence in legal regulation gives rise to legal uncertainty, particularly for buyers acting in good faith. On the one hand, the agreement creates rights and obligations under civil law; on the other hand, it fails to provide legal certainty over land rights due to its inability to be registered. This condition reflects a tension between the civil law regime and the land law regime, while also indicating the weak legal protection afforded to good-faith buyers. These issues constitute the basis and urgency of this research.

Anugraheni Wardah Ulinnuha; Can Gita Yuliana; Kingkin Setyaningsih; Destri Tsurayya Istiqamah

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2026 Pusat Riset dan Inovasi Nasional

Infrastructure development as a National Strategic Project (NSP), such as the Yogyakarta-Bawen Toll Road, aims to improve public welfare but often faces a crucial issue in the land acquisition process, namely the determination of compensation. This research examines the application of substantive justice, which focuses not only on procedural compliance (procedural justice) but also on the fairness and adequacy of the final outcome for the entitled parties. Using a juridical-empirical approach, this article analyzes two main problems: first, how substantive justice is realized in the deliberation stage of determining compensation and what factors cause disagreement from residents. Second, how the overall stages of land acquisition affect the achievement of substantive justice and the obstacles encountered. The analysis shows that although the land acquisition stages have procedurally followed Law No. 2 of 2012, the achievement of substantive justice is still hindered. Factors such as the appraisal of compensation which is deemed not to cover non-physical losses, lack of transparency, and an imbalanced bargaining position in deliberations are the main causes of disagreement. Obstacles in the planning, socialization, and payment stages also impede the realization of a complete sense of justice for the affected communities. This study is expected to contribute to the development of land acquisition policies that prioritize fairness, transparency, and the protection of the rights of affected communities.

Olivia Fitra Ilma Fadlila Humaida Habib; Andi M. Faisal Bakti

Jurnal Ilmu Komunikasi, Administrasi Publik dan Kebijakan Negara 2026 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

The development of Pantai Indah Kapuk 2 (PIK 2) presents serious issues, including eviction, the loss of traditional livelihoods, and the marginalization of local communities within a modernization agenda that disregards social justice and sustainability. This research questions the extent to which the dominant modernization bias influences the socio-economic conditions of the surrounding community, as well as how public participation practices are implemented in the planning and execution of the project. The PIK 2 project has led to social inequality, the deprivation of rights, and environmental degradation, illustrating a pattern of systemic exploitation of coastal communities through the economic and political power of development elites. The dominant development theory framework proposed by Melkote and Steeves is used to examine modernization bias, supplemented by Islamic concepts such as mustadh’afin and ghasab to strengthen the social justice perspective. In this study, the author employs a qualitative case study approach, utilizing in-depth interviews, field observations, and documentation involving affected residents, community leaders, and policymakers. The results of the analysis indicate very low levels of public participation, instances of intimidation during land acquisition, and a significant loss of access to employment and basic facilities for the community. The conclusion of this research emphasizes the need for policy reform to ensure that development is more transparent, participatory, and equitable, in order to protect the rights of local communities from dominant and exploitative development patterns.

Yulius Efendi

Jurnal Begawan Hukum (JBH) 2026 Lembaga Pengabdian Masyarakat Universitas Ichsan Gorontalo

The transfer of land rights is an important legal event that impacts legal certainty and the protection of ownership rights. In this process, notaries play a strategic role by drafting authentic deeds, which serve as the legal foundation for the transfer of land rights. This study aims to analyze the role of notaries in ensuring legal certainty in the transfer of land rights and to identify the responsibilities and challenges faced in practice. The research method used is normative legal research with a legislative and conceptual approach. The findings show that notaries play a crucial role in ensuring the formal and material validity of the land rights transfer agreement through the creation of authentic deeds. However, in practice, there are several challenges, such as discrepancies in land data, bad faith from the parties involved, and weak coordination among related institutions. Therefore, to achieve optimal legal certainty, it is necessary to enhance the professionalism of notaries and strengthen the land administration system. With these measures, it is expected that land rights transfers will proceed more smoothly and provide better legal protection for the public. ty.

Teguh Wicaksono

Jurnal Begawan Hukum (JBH) 2026 Lembaga Pengabdian Masyarakat Universitas Ichsan Gorontalo

Land tenure conflicts between indigenous peoples and the state remain a persistent issue in Indonesia. These conflicts arise due to differences between customary law practiced by indigenous communities and the formal legal system enforced by the state. This study aims to analyze the legal recognition of indigenous land rights within the national agrarian law framework, identify the causes of such conflicts, and formulate equitable solutions for their resolution. This research employs a normative legal method using statutory and conceptual approaches. The findings reveal that although legal recognition of indigenous land rights exists in various regulations, its implementation remains weak. Conflicts are primarily caused by overlapping regulations, economic interests, and the lack of formal recognition of customary territories. Therefore, regulatory harmonization, strengthening legal recognition of indigenous peoples, and the development of participatory and socially just dispute resolution mechanisms are essential. In conclusion, the protection of indigenous land rights can be optimized within the national agrarian legal framework through comprehensive legal reform and inclusive governance.

Gede Teguh Rendra Pramudawardana; Ni Putu Sawitri Nandari; Putu Eva Ditayani Antari; Anak Agung Ayu Intan Puspadewi

Jurnal Media Administrasi 2026 Universitas 17 Agustus 1945 Semarang, Indonesia

Land tenure through certificates as valid proof of rights had been recognized, yet in practice damaged certificates still caused administrative obstacles at the BPN of Tabanan Regency. The objective of this research was to analyze the mechanism of replacing damaged Certificates of Ownership and to identify the inhibiting factors in the process. This research used an empirical legal method (socio-legal research) with statutory, conceptual, and factual approaches. Data were collected through interviews with officials at the Tabanan Land Office and literature studies from legal documents and academic sources. The findings showed that the replacement mechanism started with application submission, data matching with the land book, a 30-day public announcement period, field verification including re-measurement if physical data could not be read, and issuance of a replacement certificate directed toward an electronic system. The study also found that the main inhibiting factors included administrative constraints, incomplete documents, unclear legal subjects, potential land disputes, low public understanding, and limited digitalization. These findings indicated that although the mechanism had been regulated, its implementation still faced obstacles affecting legal certainty and service effectiveness. This research implied the need to improve services, legal awareness, and digital transformation.

Yustinus Kevinsius Fenti; Yonathan H.L.Lopo; Philips Y. N. Ndoda

Jurnal Ilmu Pendidikan, Politik dan Sosial Indonesia 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study analyzes the politics of spatial planning in the land-use conversion of the Bowosie Forest in Labuan Bajo as part of the National Strategic Project (PSN) for tourism development. The transformation of the forest into an economic tourism zone demonstrates that spatial planning is not neutral, but rather an arena of power relations among the state, investors, and local communities. Through regulatory instruments such as revisions of the Regional Spatial Plan (RTRW), ministerial decrees on forest release, and the granting of Management Rights (HPL) to BPOLBF, the state has facilitated tourism investment and the commodification of space. Using a qualitative approach and David Harvey’s theory of Accumulation by Dispossession, the study finds that these policies have produced three forms of exclusion: spatial exclusion (loss of access to land and water sources), political exclusion (limited community participation in decision-making), and economic exclusion (development benefits concentrated among investors). The village government occupies a structurally limited position due to the top-down nature of the policy framework. The study concludes that the conversion of the Bowosie Forest reflects a process of capital accumulation legalized through state regulation, highlighting the need for more inclusive and socially just spatial planning.

Rayyan Fakhri; Ilyas Ismail; Zainal Abidin

Jurnal Riset Ilmu Hukum, Sosial dan Politik 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Article 210 of the Compilation of Islamic Law (KHI) limits gifts to a maximum of one-third of the donor’s assets as a form of protection for the rights of heirs and to uphold social justice. However, in practice, land gift deeds drawn up by PPATs/PPATSs are still found to exceed this limit, thereby giving rise to controversy and legal disputes in the form of lawsuits seeking the annulment of such deeds in court. This phenomenon indicates a disconnect between legal principles and practical implementation, leading to legal uncertainty. This study aims to analyze the legal status of land gift deeds that exceed the maximum limit, legal protection for bona fide donees, and the responsibility of PPATs in their drafting. The research method employed is a normative legal approach using legislative, conceptual, and case-based analyses, along with primary, secondary, and tertiary legal sources analyzed qualitatively. The results indicate that a land grant deed exceeding the maximum limit retains limited legal validity, specifically only for the portions compliant with the provisions of the KHI. Legal protection for the grantee can be guaranteed if there is consent from all heirs. Furthermore, the PPAT bears civil, criminal, administrative, and ethical responsibilities regarding the deed drafted. Therefore, strengthening regulations, enhancing public legal literacy, and ensuring the PPAT’s due diligence are necessary to guarantee legal certainty and reduce disputes.

Rohmah, Alifa Rizqi Kaila Ainur; Azwa Qonitatun; Sahra Naura Luwistiana; Zulfasa Kaila Yuniasih

Al Madjid : jurnal Pendidikan Islam 2026 Prodi PAI Fakultas Tarbiyah STIT Sunan Giri Trenggalek

Abstract: This study aims to deeply analyze the gap in basic education in Weleri District, Kendal Regency, Central Java Province, Indonesia, specifically Weleri Village, correcting the initial focus that was directed at the UIN campus environment. Using a qualitative approach with a case study design, data were collected through unstructured interviews, participant observation, and document analysis, then analyzed using the Miles and Huberman interactive model with source triangulation techniques to ensure data validity involving eight key informants. The most important findings reveal that the educational gap in Kendal is a manifestation of significant multidimensional structural injustice, encompassing spatial disparities, educational attainment, and the distribution of human resources. Spatially, there is a concentration of quality schools in the center of Weleri District, while coastal areas experience limited access due to the "urban bias" of regional budgets. This phenomenon creates educational segregation from an early age. Only 35-40% of coastal youth successfully continue to high school due to economic barriers, distance, and a lack of scholarship information. The unequal distribution of certified teachers worsens the quality of learning and has the potential to trigger socio-religious fragmentation due to limited moderate Islamic insight in marginalized areas and reproduces intergenerational poverty. This confirms that the low quality of education is not an individual choice, but rather a systemic consequence of inequitable planning. Therefore, an urgent, holistic affirmative policy intervention is needed, encompassing equitable infrastructure and teacher distribution reform to ensure equal educational rights for every child in Kendal, in order to realize sustainable social justice that is responsive to the geographic context. This research provides a critical contribution in the form of a concrete empirical foundation for the formulation of affirmative policies that profoundly break the cycle of poverty and educational injustice in the coastal areas of Central Java, while also enriching the scientific literature on the sociology of education on the reproduction of injustice in marginalized areas in a comprehensive and sustainable manner. Abstrak: Penelitian ini bertujuan menganalisis secara mendalam kesenjangan pendidikan dasar di Kecamatan Weleri, Kabupaten Kendal, Provinsi Jawa Tengah Indonesia khususnya Desa Weleri, mengoreksi fokus awal yang sempat mengarah pada lingkungan kampus UIN. Menggunakan pendekatan kualitatif dengan desain studi kasus, data dikumpulkan melalui wawancara tidak terstruktur, observasi partisipatif, dan analisis dokumen, kemudian dianalisis menggunakan model interaktif Miles dan Huberman dengan teknik triangulasi sumber untuk memastikan validitas data melibatkan delapan informan kunci. Temuan terpenting mengungkap bahwa kesenjangan pendidikan di Kendal merupakan manifestasi ketidakadilan struktural multidimensi signifikan, mencakup disparitas spasial, capaian pendidikan, dan distribusi sumber daya manusia. Secara spasial, terdapat konsentrasi sekolah berkualitas di pusat Kecamatan Weleri, sementara wilayah pesisir mengalami keterbatasan akses akibat "urban bias" anggaran daerah, fenomena ini menciptakan segregasi pendidikan sejak dini. Hanya 35-40% remaja pesisir berhasil melanjutkan ke SMA karena hambatan ekonomi, jarak, dan minimnya informasi beasiswa. Distribusi guru bersertifikat yang timpang memperburuk kualitas pembelajaran dan berpotensi memicu fragmentasi sosial-keagamaan akibat terbatasnya wawasan keislaman moderat di wilayah marginal serta mereproduksi kemiskinan antargenerasi. Hal ini menegaskan bahwa rendahnya kualitas pendidikan bukan pilihan individu, melainkan konsekuensi sistemik dari perencanaan yang belum berkeadilan. Oleh karena itu, diperlukan intervensi kebijakan afirmatif holistik mendesak mencakup pemerataan infrastruktur dan reformasi distribusi guru untuk memastikan hak pendidikan setara bagi setiap anak Kendal demi mewujudkan keadilan sosial berkelanjutan yang responsif terhadap konteks geografis. Penelitian ini memberikan kontribusi kritis berupa landasan empiris konkret bagi formulasi kebijakan afirmatif yang memutus siklus kemiskinan dan ketidakadilan pendidikan di wilayah pesisir Jawa Tengah secara mendalam, sekaligus turut memperkaya literatur ilmiah sosiologi pendidikan tentang reproduksi ketidakadilan di wilayah marginal secara komprehensif dan berkelanjutan.

Riyan Zulfa Rizki; Ilyas Ismail; Muhammad Insa Ansari

IJLS (International Journal of Law and Society) 2026 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Land acquisition for public purposes is intended to ensure land availability for development while safeguarding the rights of affected parties through fair and equitable compensation as regulated under Law Number 2 of 2012 and its implementing regulations. However, disputes over land ownership often prevent direct payment of compensation, thereby necessitating the use of a consignment mechanism through the court. This study examines the implementation of consignment for disputed land and analyzes the legal standing and fulfillment of rights of both the prevailing and losing parties in the land acquisition process for the development and revitalization of Balohan Port, Sabang. The research addresses the problem of how compensation is secured and distributed when ownership remains contested, and whether the mechanism ensures legal certainty and justice for all parties involved. Employing an empirical legal method with a qualitative approach, data were collected through interviews and document analysis. The findings reveal that consignment functions as a legal instrument to safeguard and temporarily suspend compensation payment until a final judicial determination is reached. Supreme Court Decision Number 1675 K/Pdt/2021 affirms that the prevailing party is entitled to full land compensation as recognition of proprietary rights, while building compensation may be relinquished through a peace agreement and social compensation partially allocated. Conversely, the losing party forfeits land rights but retains full building compensation and partial social compensation based on the settlement deed. The study concludes that dispute resolution in land acquisition extends beyond final court judgments and requires non-litigation mechanisms to ensure proportional distribution of rights, thereby reinforcing legal certainty, preventing further disputes, and ensuring equitable protection in public interest development.

Firmansyah, Mohammad; Ilyatul Afifah; Laila Kamali

Karya Nyata : Jurnal Pengabdian kepada Masyarakat 2026 Lembaga Pengembangan Kinerja Dosen

The synchronization of physical and juridical land data is a fundamental prerequisite for ensuring legal certainty in every land rights transfer process. Discrepancies between physical field conditions and juridical documents frequently trigger land disputes that impede the performance of Notary/PPAT offices. This community service article reports on a Field Practice (PPL) activity conducted at the Office of Notary/PPAT in Jember Regency during January–February 2026. The primary objective was to provide technical assistance in accelerating physical-juridical data synchronization to guarantee the validity of issued deeds. The method employed was participatory observation, in which students were directly engaged in the partner's workflow. Assistance activities covered document inspection, file digitization, coordination with BPN and tax authorities, and factual field verification. Results indicate that PPL student assistance measurably accelerated the office's administrative workflow, enhanced data validation accuracy, and confirmed conformity between the physical condition of rice-field land and the certificate documents.

Gilbert Parulian Naibaho; Ni Luh Made Mahendrawati; I Wayan Rideng

Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA 2026 Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

This study aims to analyze the legal provisions on land rights for foreign nationals in the Indonesian land law system and to examine the validity and legal consequences of nominee agreements in the control of land rights by foreign investors. The background of this study is based on the practice of using nominee agreements (borrowing names) by foreign nationals to control land in Indonesia, which legally contradicts the provisions of the Basic Agrarian Law (UUPA) which prohibits ownership of land rights by foreign parties. This study uses a normative legal research method with a legislative approach and a conceptual approach. The legal sources used include primary, secondary, and tertiary legal materials that are analyzed qualitatively. The results of the study indicate that the regulation of land rights for foreign nationals in the Indonesian legal system is limited to use rights, lease rights, or through certain legal entities such as Foreign Investment Limited Liability Companies (PT PMA). Meanwhile, the practice of nominee agreements is a form of legal smuggling that contradicts the basic principles of national agrarian law, so that the agreement can be declared null and void. In addition, this practice creates legal uncertainty and has the potential to harm the state and society because it obscures the status of land ownership. In conclusion, firm law enforcement and regulatory harmonization between agrarian and investment law are needed to ensure legal certainty and safeguard state sovereignty over land, without hindering foreign investment in Indonesia.

Kadek Ayu Rima Ratnasari; I Made Suwitra; Nengah Renaya

International Journal of Law, Crime and Justice 2026 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

This study aims to analyze the registration of Deeds of Mortgage (APHT) that exceed the 7 (seven) day time limit in Badung Regency and the legal consequences that arise from this. The research uses empirical legal methods with a legislative, analytical, case, and legal sociology approach. Data was obtained through interviews with PPAT and the Badung Regency Land Office (BPN) as well as a study of secondary legal materials. The results of the study show that delays in APHT registration still occur both through the manual (offline) and electronic (HT-el) systems. The contributing factors include negligence or workload of PPAT, incomplete documents from the parties, administrative obstacles at the Land Office, and technical disruptions to the electronic system. Legally, delays do not invalidate APHT, but they delay the creation of mortgage rights because these rights only have legal force from the date of recording in the Land Registry. As a result, creditors do not obtain preferential rights and full legal protection before registration is carried out. PPATs who are late may be subject to administrative sanctions in accordance with official regulations. Based on the theories of utility, legal protection, and legal certainty, delays in APHT registration reduce the effectiveness of creditor protection and create potential legal uncertainty. Therefore, it is necessary to improve supervision and guidance for PPATs, as well as optimize the HT-el system to ensure legal certainty and protection in the practice of registering Mortgage Rights.

Immoto Qoonita Naflah Maulana; Siti Dhiya Tiara; Keysyah Aulia Hidayat; Sri Handayani

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This research aims to analyze the consistency of judges' legal reasoning in deciding land ownership disputes and its implications for the fulfillment of the principle of legal certainty. The primary focus of this study is directed at Decision Number 16/PDT/2020/PT PLG, where differences in legal perception or evidentiary evaluation occurred at the appellate level. Land disputes are a crucial issue that requires legal firmness to avoid uncertainty for justice seekers. The research method used is normative legal research with a case approach and a statutory approach. Data were sourced from secondary data consisting of primary, secondary, and tertiary legal materials, analyzed qualitatively. The results show that the consistency of the judges' reasoning in Decision Number 16/PDT/2020/PT PLG depends heavily on the accuracy of assessing evidence, particularly documentary evidence (certificates) and witness testimony. Inconsistency between factual considerations and the application of legal norms has the potential to undermine the principle of legal certainty. This study concludes that strengthening the standards of legal reasoning based on the principle of ex aequo et bono and adherence to civil procedural law is absolutely necessary so that judicial decisions do not only resolve disputes procedurally but also provide certainty of ownership rights for thelitigating parties.