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All Journal Al-Risalah : Jurnal Imu Syariah dan Hukum Res Publica: Jurnal Hukum Kebijakan Publik
Wardhana, Wisnu Eka
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Religion Law, Crime, Criminology & Criminal Justice Social Sciences

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Legal Certainty of Oil Palm Plantation Cultivation Rights within Forest Areas Following Government Regulation Number 45 of 2025 Wardhana, Wisnu Eka; Sri Wahyu Handayani
Al-Risalah VOLUME 26 NO 1, MAY (2026)
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-risalah.vi.67203

Abstract

Government Regulation Number 45 of 2025 concerning the Amendment to Government Regulation Number 24 of 2021 on Procedures for the Imposition of Administrative Sanctions in the Forestry Sector was enacted as an instrument to address oil palm plantations that have encroached upon forest areas. However, rather than providing legal certainty, this regulation introduces a "reclamation" mechanism that potentially revokes Land Cultivation Rights (Hak Guna Usaha/HGU) that were lawfully obtained under the Basic Agrarian Law Number 5 of 1960. This study aims to analyze the legal certainty of HGU for oil palm plantations within forest areas following the enactment of Government Regulation Number 45 of 2025, and to identify potential normative conflicts arising within Indonesia's agrarian legal framework. The research employs a normative juridical method with a statute approach and a conceptual approach. The findings reveal that Government Regulation Number 45 of 2025 violates at least four of Lon Fuller's eight principles of the inner morality of law, namely the principles of non-retroactivity, non-contradiction, possibility of compliance, and congruence. Furthermore, the land reclamation mechanism contradicts Articles 18 and 34 of the Basic Agrarian Law, which exhaustively enumerate the lawful grounds for the revocation of land rights, and departs from the ultimum remedium principle established under Law Number 6 of 2023 concerning the Stipulation of Government Regulation in Lieu of Law Number 2 of 2022 on Job Creation into Law. The empowerment of the Forest Area Enforcement Task Force (Satgas PKH) as an ad hoc institution with authority equivalent to the Minister of Forestry also contravenes the principle of institutional legality. This study recommends a comprehensive revision of Government Regulation Number 45 of 2025, the definitive completion of forest area demarcation, and the restoration of enforcement authority to the institutions mandated by law.
Efektivitas Dana Desa Terhadap Pembangunan Desa Tunjungmuli Kecamatan Karangmoncol Kabupaten Purbalingga Wardhana, Wisnu Eka; Firdausy, Adriana Grahani
Res Publica: Jurnal Hukum Kebijakan Publik Vol 6, No 2: MEI-AGUSTUS
Publisher : Department of the Constitutional Law, Faculty of Law Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/respublica.v6i2.61362

Abstract

This study reviews how the Tunjungmuli Village government regulates and manages village funds obtained from the Central Government. In addition, this study identifies the level of effectiveness of Tunjungmuli Village Fund Management. This research is an empirical research. Has a descriptive analytical research nature with the aim of providing a detailed description or detail supported by a sociological juridical approach. Types and sources of research data used include primary and secondary. Data collection was done by interview and document study. The use of qualitative data analysis techniques produces data in descriptive form. The implementation of the management of Tunjungmuli Village village funds whose use priority is mandated in the Regulation of the Minister of Villages for Development of Disadvantaged Regions and Transmigration Number 13 of 2020 concerning Priority for the Use of Village Funds in 2021, unfortunately, not all indicators can be met by the Tunjungmuli Village Government. But in essence, most of the predetermined indicator points have been well fulfilled by the Tunjungmuli Village Government. In managing its village funds, the Tunjungmuli Village Government has been able to effectively realize the village funds that have been obtained. The realization of village funds in Tunjungmuli Village is divided into four (4) areas of implementation, namely the field of village administration, the field of implementation of village development, the field of community empowerment, and the field of disaster, emergency and urgent management.
Co-Authors Adriana Grahani Firdausy Sri Wahyu Handayani