Erman I. Rahim
Faculty of Law, Universitas Negeri Gorontalo, Indonesia

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Struggle for Customary Rights and State Certification: Problems of Customary Land Grants Widyana Mareta Anwar; Nur Mohamad Kasim; Erman I. Rahim
Lambung Mangkurat Law Journal Vol. 11 No. 1 (2026): March
Publisher : Program magister Kenotariatan Fakultas Hukum Universitas Lambung Mangkurat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32801/abc.v11i1.295

Abstract

 overlapping conflict between customary land grants and land ownership certificates is a serious problem in the Indonesian land law system, reflecting the tension between customary law based on social-communal recognition and positive law oriented towards administrative certainty. This study uses a descriptive-analytical normative juridical approach through a literature review of the 1945 Constitution Articles 18B and 33, the 1960 UUPA Articles 3 and 5, Government Regulation 24/1997, and the Constitutional Court decisions 35/PUU-X/2012 and 1012 K/Pdt/2023, combined with an analysis of empirical data on customary land grant cases in Central Kalimantan, Tana Toraja, East Manggarai, Sorong, and Baduy (2020-2024). The findings indicate that land ownership certificates have superior legal force in judicial practice due to the presumption of regularity mechanism, but are not immune to correction because Government Regulation 24/1997 allows for proof of conversion of old rights through non-formal evidence. Harmonization of customary law and positive law requires: first, recognition of customary evidence as prima facie evidence in land administration; second, strengthening coordination between the National Land Agency (BPN), the Regional Government (Pemda), and Customary Institutions; third, development of a restorative mediation mechanism that integrates customary leaders and district courts; fourth, reform of customary land registration policies and customary law literacy. This study concludes that substantive justice for indigenous communities can be achieved through operational legal pluralism without sacrificing legal certainty, by protecting customary rights as an integral part of the nation's cultural heritage that deserves to be respected and consistently protected in every aspect of national land policy.
Personal Data Protection in Political Party Information Systems in the Organization of General Elections: Concept and Law Reform Recommendations Erman I. Rahim; Mohamad Afriyansyah Dukalang; Abdul Hamid Tome; Nuvazria Achir; Souad Ezzerouali
Journal of Law and Legal Reform Vol. 6 No. 3 (2025): July, 2025
Publisher : Faculty of Law, Universitas Negeri Semarang, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v6i3.12942

Abstract

Exploiting citizens’ personal data by political parties within the Political Party Information System (SIPOL) database during the 2024 General Election has adversely affected the public. This paper examines the exploitation of citizens’ personal data by political parties via identity fraud from a legal standpoint, while also suggesting a framework for personal data protection and legal change. The primary aim is to offer conceptual proposals for safeguarding people’s personal data inside SIPOL and to suggest legal revisions to the Election Law and Political Party Law, therefore integrating requirements for personal data protection into the Personal Data Protection Law. This study utilized normative legal research methodologies, including a statute, case, and conceptual approach, to address the legal issues under examination. The research findings indicated that the illicit utilization of citizens’ personal data for political party membership adversely affects the individuals involved and constitutes a legal infraction. This article provides a framework for safeguarding people’s personal data within the SIPOL, alongside legal revisions to the Election Law and Political Party Law, which policymakers can address.