Febrian Febrian
Universitas Sriwijaya, Indonesia

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The Reorienting the Agrarian Law: The Role of Agrarian Law in the Life of the Nation, State and Government Firman Muntaqo; Alip Dian Pratama; Febrian Febrian; Mada Apriandi Zuhir; Lusi Apriyani
Jurnal Hukum Vol 42 No 4 (2026): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/egm0v225

Abstract

This article critically examines the reorientation of Indonesian agrarian law, particularly land law, in light of the deviation from its foundational values of unity and social justice. Using a normative legal research method with a conceptual and statutory approach, this study analyzes the historical trajectory of agrarian legislation, the persistence of colonial doctrines such as domein verklaring, and the impact of recent regulations including the Job Creation Law and Presidential Decree No. 75/2024. The findings reveal that land—originally positioned as a national asset grounded in adat law and religious-magical values—has increasingly been commodified and subjected to sectoral legal fragmentation. This shift has weakened community access and ulayat rights, while favoring legal entities and foreign capital. The study argues for a reorientation of agrarian legal politics that restores land as a national asset in accordance with the 1945 Constitution, the Basic Agrarian Law (UUPA), and the values of the 1928 Youth Pledge. Such reorientation is essential to safeguard indigenous rights, strengthen legal certainty, and ensure that land governance serves the greatest prosperity of the people.
The Complexity of Asset Recovery from Narcotics-Related Crimes within the Anti-Money Laundering Framework Asmadi Asmadi; Febrian Febrian; Nashriana Nashriana; Putri Ananda Saka; Yasmeen Nafia
Nurani Vol 26 No 1 (2026): Nurani: jurnal kajian syari'ah dan masyarakat
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/nurani.v26i1.32312

Abstract

The complexity of recovering assets derived from narcotics-related crimes often arises from the law enforcement process when viewed through the lens of money laundering offences. Despite its significance, this phenomenon has received limited attention in previous studies. In addition to addressing this gap in the existing literature, this study seeks to explain and analyze the implications of the complexities associated with asset recovery from narcotics-related crimes within the framework of anti-money laundering enforcement. This research adopts a normative-empirical (socio-legal) approach and utilizes secondary data obtained from reports issued by law enforcement agencies, judicial decisions, and institutional documents. First, the severe prevalence of narcotics abuse and trafficking poses substantial challenges to law enforcement efforts and to disrupting the economic networks that sustain criminal activities. Second, patterns and trends in asset recovery practices undertaken by the Public Prosecution Service during the 2021–2023 period reveal an imbalance in enforcement priorities and limitations in policy implementation, indicating that opportunities to deprive offenders of illicit economic gains have not been fully realized. Third, the handling of narcotics and money laundering cases demonstrates a persistent imbalance between the punishment of offenders and the recovery of criminal assets. The predominance of custodial sanctions, coupled with constraints in asset tracing and evidentiary processes, has allowed criminal networks to maintain their economic foundations and continue operating. The findings of this study contribute to the development of more effective, integrated, and asset recovery-oriented law enforcement strategies.