Abubakar, Yusuf Sani
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Can Electronic Land Rights Registration Help Prevent Land from Mafia Practices? Rosmidah, Rosmidah; Fathni, Indriya; Supeno, Supeno; Abubakar, Yusuf Sani
Jambe Law Journal Vol. 7 No. 2 (2024)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/home.v7i2.375

Abstract

The high demand for land causes the state to regulate the land ownership and registration system to create an orderly land administration. Unfortunately, according to the Ministry of ATR/BPN in 2024, 45 percent of land has not been registered administratively, either through systematic or sporadic registration. This situation creates an opportunity for irresponsible individuals to control land through the use of land mafia networks illegally. This study aims to find the legal certainty of electronic land registration. The problem is whether or not electronic land registration can prevent land mafia practices. Through normative legal research, it is concluded that one such model that works well to ensure the prevention of land mafia is the implementation of an electronic land registration system. This approach is aligned with the use of technology in the digital era, offering more practicality and modernity, while also providing enhanced legal certainty over land ownership. Thus, electronic land registration is essential for the anti-land mafia
The Principles of Natural Justice: A Comparative Analysis between Secular and Islamic Law in Administrative Decision-Making Abubakar, Yusuf Sani; Aji, Rajali Haji; Saidi, Mpawenimana Abdallah
Mazahibuna: Jurnal Perbandingan Mazhab VOLUME 7 ISSUE 2, DECEMBER 2025
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/mazahibuna.vi.56855

Abstract

This study aims to examine the principles of natural justice as conceptualized and applied in both common law and Islamic legal systems, with particular attention to the right to a fair hearing (audi alteram partem) and the rule against bias (nemo judex in causa sua). The underlying values, interpretive methods, and procedural expressions of these principles were also assessed across distinct legal traditions. The study procedures were carried out using a qualitative comparative legal methodology. Data were obtained from primary sources, judicial precedents, and scholarly interpretations to analyze the doctrinal foundations and practical applications in both systems. The results showed that although Islamic law was based on religious texts and common law on judicial precedents, both systems upheld the core values of justice, fairness, impartiality, and procedural integrity. Islamic law established these principles in the Qur’an, Sunnah (Hadith), and interpretive tools, such as ijtihād, maṣlaḥah, and istiḥsān, while common law emphasized constitutional norms and case law. The originality of this study lies in its integrated approach, which shows both the convergence and divergence of procedural justice across secular and religious frameworks. The results are significant for fostering cross-cultural legal understanding and informing reforms in pluralistic jurisdictions. Although primarily theoretical, this current study provides a foundation for future empirical studies in countries such as Malaysia, Indonesia, and Nigeria, where both systems co-exist. These further studies could enrich discussions on legal pluralism and support the development of more inclusive legal systems.