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Legal analysis of land ownership disputes between bona fide purchasers and certificate holders: A case study of serang district court decision no. 121/pdt.g/2024/pn.srg Abdul Muid; Asnawi Asnawi; Faturohman Faturohman
Journal of Law Science Vol. 7 No. 4 (2024): October: Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v7i4.6585

Land ownership disputes are common in Indonesia, especially when involving good faith buyers who have lawfully purchased and physically occupied land but do not yet possess an official land certificate. The discrepancy between physical control and formal ownership documents often leads to complex legal conflicts. In practice, the land law system tends to prioritize formal documentation over substantive justice, thereby disadvantaging honest parties who have acted in good faith. This study aims to analyze the legal protection for good faith buyers in land ownership disputes and to examine the legal considerations of judges in Decision No. 121/Pdt.G/2024/PN.Srg. The focus is on how the court evaluates the strength of formal certificates versus the legitimacy of transactions made by buyers acting in good faith. The research method used is normative juridical with a case study approach. Data was obtained through literature review, court documents, and relevant statutory regulations. The analysis was conducted qualitatively using legal certainty theory, legal protection theory, and substantive justice as analytical frameworks. The results indicate that the court prioritized the administrative strength of certificates as the primary basis in ruling the case. Although the defendant conducted a valid transaction and physically controlled the land, the court did not fully consider the element of good faith. This reflects the weak legal protection for good faith buyers and an imbalance between legal certainty and justice in the land dispute resolution process.

Legal review of the regulation of street vendors by the serang district police unit regarding the maintenance of public order, public order and public protection Nanda Kurnia Perdiansyah; Asnawi Asnawi; Faturohman Faturohman
Journal of Law Science Vol. 7 No. 4 (2024): October: Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v7i4.6677

The purpose of this study is to assess the compliance of enforcement actions with Serang Regency Regulation Number 2 of 2018 concerning the Implementation of Public Order, Security, and Community Protection, and to identify various factors that cause violations or non-compliance by traders with this policy. The method used in this study is a normative juridical approach supported by empirical data. Data collection techniques were carried out through literature studies and direct interviews with traders, Satpol PP officers, and related parties within the Serang Regency Government. The data obtained were then analyzed qualitatively by interpreting legal provisions and relating them to social conditions in the field. The results of the study indicate that although enforcement actions by Satpol PP have a strong legal basis, their implementation in the field still encounters obstacles. Many street vendors refuse relocation due to economic reasons, the lack of adequate socialization, and the relocation location being considered non-strategic. This indicates a mismatch between legal policies and community needs. The conclusion of this study is that the success of enforcement is determined not only by legality, but also by the approach used in its implementation. Therefore, local governments are advised to implement fair, participatory, and social protection-based strategies so that enforcement policies can be accepted and implemented effectively in society.

Legal analysis of the banten province regional personnel agency policy in recruiting employees at the cilograng regional general hospital and the Labuan Alif Surachman; Asnawi Asnawi; Faturohman Faturohman
Journal of Law Science Vol. 7 No. 4 (2024): October: Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v7i4.6687

This research analyzes the legal aspects of the Banten Province Regional Personnel Agency (BKD) policy in recruiting employees at Cilograng Regional General Hospital and Labuan Regional General Hospital in relation to Banten Governor Regulation Number 11 of 2020 concerning the governance of non-civil servant employees at the Regional Public Service Agency (BLUD) within the Banten Provincial Health Service. Using a normative juridical approach supported by empirical data, this study examines the extent to which recruitment practices comply with the regulatory framework and principles of good governance. The findings show that while the recruitment process largely follows the Governor Regulation, challenges remain in ensuring transparency, accountability, and equal opportunity. The BLUD system provides flexibility for hospitals to address human resource needs more quickly; however, weaknesses in oversight mechanisms and the lack of legal certainty for non-civil servant employees may create legal and administrative risks. The study recommends clearer technical guidelines and consistent monitoring to strengthen compliance and improve governance in recruitment. It is necessary to increase the capacity of the selection committee through training on the principles of good governance and the use of information technology in the recruitment process, so that transparency, accountability, and equal opportunities can be more assured.

Legal review of the liability of the Bissmika Usaha Nusantara savings and loan cooperative for unlawful acts against customers Halizah Destriana; Asnawi Asnawi; Faturohman Faturohman
Journal of Law Science Vol. 7 No. 4 (2024): October: Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v7i4.6688

This study examines the legal review of the liability of the Bissmika Usaha Nusantara Savings and Loan Cooperative for unlawful acts committed against its customers. As a financial institution operating under the cooperative model, the cooperative is bound by legal obligations to uphold the principles of trust, transparency, and accountability. However, issues arise when the cooperative engages in actions that potentially harm customers, such as mismanagement of funds, lack of clarity in contracts, or failure to comply with statutory regulations. This research adopts a normative juridical approach, analyzing laws and regulations governing cooperatives in Indonesia, particularly those relating to cooperative responsibility, contractual obligations, and unlawful acts (perbuatan melawan hukum). The findings indicate that cooperatives can be held liable both institutionally and personally through their management, depending on the nature of the violation. Furthermore, legal remedies available to customers include civil claims for damages, dispute resolution through cooperative forums, and escalation to the judiciary. The study contributes to understanding cooperative accountability and strengthening consumer protection within Indonesia’s cooperative financial system. This study aims to analyze the legal responsibility of the Bissmika Usaha Nusantara Savings and Loans Cooperative for unlawful acts that harm customers and examine the dispute resolution mechanisms that can be taken.

Legal review of logging without environmental permits on perum perhutani land in gunung pinang in relation to banten regional regulation number 10 of 2012 concerning environmental protection and management Sepriandi Putra Sumantri; Asnawi Asnawi; Faturohman Faturohman
Journal of Law Science Vol. 7 No. 4 (2024): October: Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v7i4.6699

This study conducts a legal review of logging activities carried out without environmental permits on Perum Perhutani land in Gunung Pinang, examined through the framework of Banten Regional Regulation No. 10 of 2012 concerning Environmental Protection and Management. Using a normative legal research method supplemented by document analysis and comparative review of statutory instruments, the paper identifies the legal obligations imposed by the regional regulation on permit requirements, environmental impact prevention, and restoration duties. The analysis shows that unpermitted logging on state-managed forest land contravenes both regional environmental obligations and broader forestry and environmental statutes it undermines mandates for environmental impact assessment, breach of administrative duties, and triggers liability for environmental damage. The review further highlights gaps in enforcement, ambiguous jurisdictional boundaries between regional and national authorities, and weaknesses in community engagement that permit illicit exploitation to persist. The paper concludes that effective legal response requires coordinated enforcement between Perum Perhutani, regional environmental agencies, and law enforcement; clear procedural guidance on permit processes and sanctions under the regional regulation; and restorative actions including mandatory rehabilitation, sanctions proportionate to harm, and community-based monitoring to prevent recurrence.

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