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All Journal FIAT JUSTISIA: Jurnal Ilmu Hukum Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan
Ima Frafika Sari
Universitas Kebangsaan Malaysia
Law, Crime, Criminology & Criminal Justice

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Disparities in Land Economic Value in Public Acquisition: Contextual Islamic Legal Reconstruction of Regulatory Gaps and the Threat of Land Mafia Agus Triono; Andriyan Syaputra; FX Sumarja; Ima Frafika Sari; Makmur Harun
Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan Vol 13, No 1 (2026): January-June
Publisher : Faculty of Sharia (Islamic Law) at Fatmawati Sukarno State Islamic University Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29300/mzn.v13i1.9147

Abstract

This study examines disparities in land economic value in public land acquisition in Indonesia, focusing on distortions generated by land mafia practices. Employing a normative juridical approach with statutory, conceptual, and comparative analyses, this research integrates land value theory, justice theory (John Rawls), legal philosophy (Gustav Radbruch), and maqāṣid al-sharī‘ah as developed by Jasser Auda. The findings reveal that land value inequality is not merely a market-driven phenomenon but is structurally produced by regulatory loopholes, weak law enforcement, and institutional vulnerability, which collectively enable land mafia networks to manipulate land valuation, ownership documentation, and compensation mechanisms. These conditions result in unfair redistribution of economic benefits, marginalization of lawful landholders, and delays in public development projects. This study argues that existing positive law frameworks, particularly Law No. 2 of 2012 on Land Acquisition for Public Interest, emphasize formal legality but insufficiently address substantive justice and property protection. To address this gap, the research proposes a contextual reconstruction of Islamic law grounded in ḥifẓ al-māl (protection of property), ‘adl (justice), and maṣlaḥah (public interest). This reconstruction operationalizes maqāṣid al-sharī‘ah into concrete regulatory strategies, including transparent valuation standards, participatory compensation models, integrated digital land administration, institutional accountability, and community legal empowerment. The novelty of this study lies in transforming maqāṣid al-sharī‘ah from a normative ethical framework into an operational legal instrument for land governance reform. By integrating Islamic legal principles with positive law, this research offers a conceptual model for addressing land value inequality and strengthening protection against land mafia practices, contributing to the development of a more just, transparent, and socially sustainable land acquisition system.
Silencing Constitutional Rights and Repressive Actions by the Authorities: A Comparative Criminal Law Analysis of Indonesia and Nepal Elfa Murdiana; Lutfiana Dwi Mayasari; Ima Frafika Sari; Alendra Nauval M.R; Muhammad Talib Ibrahim
Fiat Justisia: Jurnal Ilmu Hukum Vol. 19 No. 4 (2025)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v19no4.4601

Abstract

The policing of protests in Indonesia and Nepal, revealing systemic patterns of excessive force, arbitrary detention, and the criminalization of political expression. In Indonesia, the August 25–29, 2025 protests involved structured abuse of authority, including physical persecution, deprivation of liberty without adherence to Criminal Procedure Code protocols, and obstruction of legal counsel. In Nepal, 2025 protests saw the use of live ammunition, torture, and other severe measures violating the right to freedom of assembly under the 2015 Constitution. Both cases highlight legal deficiencies: Indonesia relies on general penal provisions without specialized instruments for state violations, while Nepal, despite criminalizing torture under Section 167 of the National Penal Code 2017, struggles with politically influenced implementation. Acts of violence and procedural abuse meet the criteria of unlawful acts, abuse of authority, and human rights violations under national and international law, including ICCPR and anti-torture standards. The failure to prosecute security personnel entrenches impunity. Findings indicate that strengthening accountability mechanisms, prosecuting officers when offenses are established, reforming security governance, and instituting independent investigative bodies are essential to protect constitutional rights and prevent recurrent state violence during protests.
Co-Authors Agus Triono Alendra Nauval M.R Andriyan Syaputra Elfa Murdiana FX Sumarja Lutfiana Dwi Mayasari Makmur Harun Muhammad Talib Ibrahim