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Trana Syahfitri
Universitas Islam Indragiri

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Mediasi Penyelesaian Sengketa Overlapping Lahan Hutan Tanaman Industri PT Bina Duta Laksana di Kecamatan Gaung Dedi Supriadi; Trana Syahfitri; Darmiwati
Indragiri Law Review Vol. 4 No. 2 (2026): Indragiri Law Review
Publisher : Program Studi Pascasarjana Magister Hukum Universitas Islam Indragiri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32520/ilr.v4i2.275

Abstract

As a constitutional state, Indonesia ensures that all governmental and societal activities must be based on law to uphold justice. However, social interactions in natural resource utilization often trigger tenurial conflicts, such as overlapping land tenure rights between local communities and licensed corporations in forest areas. This study aims to analyze the mechanisms and effectiveness of Alternative Dispute Resolution (ADR), specifically through mediation methods based on local cultural values, in handling tenurial conflicts between corporations (such as PT Bina Duta Laksana) and the community in Gaung District. This study employs an empirical juridical approach. Data were gathered through a documentary study of national laws and regulations concerning ADR and environmental management, as well as a field case study on the land dispute mediation process in Gaung District, Indragiri Hilir Regency. The results indicate that land disputes are triggered by intersecting interests in tenurial rights and community compensation claims over land granted under Cultivation Rights Title (HGU). The main obstacles in mediation include determining the venue, party attendance, and the occurrence of internal negotiations within the formal proceedings. Although national regulations provide a legal umbrella for non-litigation resolution, the success of dispute mediation in Gaung District was heavily driven by the involvement of local customary leaders or community figures as initial mediators, which was subsequently facilitated by government agencies and the National Land Agency (BPN). Dispute resolution through non-litigation mediation is proven to be an essential instrument for achieving a mutually beneficial agreement (win-win solution). The synergy between formal law and local cultural values (customary institutions) serves as the ultimate key to restoring tranquility as well as physical and spiritual balance within the community.
Pelaksanaan Penyelesaian Konflik Keluarga Dalam Pembagian Harta Waris (Studi Kasus Di Wilayah Kelurahan Tempuling) DB.Untung; Trana Syahfitri; Ali Azhar
Indragiri Law Review Vol. 4 No. 2 (2026): Indragiri Law Review
Publisher : Program Studi Pascasarjana Magister Hukum Universitas Islam Indragiri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32520/ilr.v4i2.276

Abstract

Disputes over the distribution of inheritance within families are sensitive private matters that often trigger the breakdown of family ties. This article aims to analyze the mechanism for resolving family conflicts in the distribution of the inheritance of the late Siti Hajar Binti Abdul Muin in Tempuling Village and to review the effectiveness of this resolution through an Islamic law approach (Ishlah). This study uses empirical legal research methods with an in-depth single case study approach. Data were obtained through interviews and documentation of the agreement of the heirs. The results showed that the inheritance dispute was triggered by differences in understanding regarding the proportion of property distribution and the sectorial egoism of the heirs. The conflict was successfully resolved non-litigation through family deliberations that reflect the principle of Ishlah (peace) in Islamic law. The final distribution was based on the principle of mutual consent (an-taradin) through the takhruj mechanism, thereby providing legal certainty while maintaining family harmony without having to go through judicial channels.
Perlindungan Hukum Hak Upah Pegawai Honorer dalam Perjanjian Kerja Ditinjau Dari Asas Kepastian Hukum dan Keadilan (Studi Perjanjian Kerja di Kantor Camat Tempuling) Nelly; Trana Syahfitri; Ali Azhar
Indragiri Law Review Vol. 4 No. 2 (2026): Indragiri Law Review
Publisher : Program Studi Pascasarjana Magister Hukum Universitas Islam Indragiri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32520/ilr.v4i2.278

Abstract

This study aims to analyze the legal protection of the wage rights of honorary employees at the Tempuling District Office based on the agreed employment contract, and to review the fulfillment of these rights from the perspective of the Principles of Legal Certainty and Justice. The research method used is normative juridical with a statute approach and a conceptual approach. The results showed that the factual payment of honorary employees' wages at the Tempuling District Office was often carried out every three months (quarterly). This delay practice is categorized as a form of default (wanprestasi) of time as regulated in Article 1243 of the Indonesian Civil Code (KUHPerdata) for exceeding the agreed monthly deadline, while also violating the binding force of the contract in Article 1338 of the Civil Code (pacta sunt servanda). From the aspect of justice, delaying wages contradicts Article 28D paragraph (2) of the 1945 Constitution of the Republic of Indonesia because it ignores the daily living needs of workers. The main factor causing this default is the clash between the civil contract law regime and the rigidity of the regional budget disbursement system (APBD). This study recommends the need for preventive legal protection in the form of transparent contract clause amendments or the provision of bridging funds by the local government so that wages can be received on time.