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All Journal Substantive Justice International Journal of Law Devotion: Journal of Research and Community Service Journal of Social Research Journal of Social Science INJURITY: Journal of Interdisciplinary Studies Asian Journal of Social and Humanities
Pasamai, Syamsuddin
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Humanities Computer Science & IT Decision Sciences, Operations Research & Management Earth & Planetary Sciences Economics, Econometrics & Finance Education Engineering Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Public Health Social Sciences

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Sociology of Law Perspectives on Security, Population, and Local Wisdom Issues Pasamai, Syamsuddin; Aswari, Aan
Susbtantive Justice International Journal of Law Vol 6 No 1 (2023): Substantive Justice International Journal of Law
Publisher : Faculty of Law, Universitas Muslim Indonesia, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56087/substantivejustice.v6i1.215

Abstract

This study aims to provide an overview of governance that always links the interests of society and the State based on the values of the sociology of Law. Therefore, state administrators always pay attention to issues of Security, population, and local wisdom on a country basis. The conceptual study presents this manuscript as an effort to understand how Law is developed and changed along with social and cultural changes. This article explains the basic argument that Pancasila is still the guardian in the development of Law, and it is also proven that there is a development of Law which has a tendency and begins to show detachment from Pancasila values, but in its journey efforts are made to adapt it to Pancasila values in order to reduce the symptoms. Social conflict. Thus concluding that Security, population, and local wisdom are part of influencing the quantity, quality, mobility, and administration of population.
Standards And Norms Of Human Rights-Based Land Administration Services Pasamai, Syamsuddin
Journal Of Social Science (JoSS) Vol 4 No 6 (2025): JOSS: Journal of Social Science
Publisher : Al-Makki Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57185/joss.v4i6.480

Abstract

This study discusses the importance of standards and norms of human rights-based land administration services within the framework of the Indonesian state of law. Land administration services as part of public services must meet the principles of legal certainty, justice, and non-discrimination as mandated by Law Number 25 of 2009 concerning Public Services and Law Number 39 of 1999 concerning Human Rights. This research highlights the challenges of implementing land administration services that have not been fully handed over to local governments, thus causing a gap between regulations and practices in the field. It was also emphasized the need to implement Minimum Service Standards (SPM) that ensure access and quality of services to the community, especially in ensuring legal protection of land owned or controlled by citizens.
Customary Land Rights Versus Land Use Rights (HGU) Pasamai, Syamsuddin
Interdiciplinary Journal and Hummanity (INJURITY) Vol. 4 No. 7 (2025): INJURITY: Journal of Interdisciplinary Studies
Publisher : Pusat Publikasi Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58631/injurity.v2i3.1447

Abstract

This study discusses the legal conflict between customary rights of customary law communities and the right to use business (HGU) given by the state to third parties, especially large companies. Customary rights as communal rights of indigenous peoples are recognized in a limited way in the Basic Agrarian Law (UUPA), but in practice they are often marginalized by economic interests through the granting of HGU. The research approach used is normative juridical by analyzing relevant laws and regulations, legal doctrines, and court decisions. The results of the study show that the strengthening of HGU in agrarian policies and the weak protection of customary rights trigger land conflicts and social injustice. Therefore, it is necessary to reformulate land policies that are more equitable and in favor of indigenous peoples while still paying attention to the principles of the social function of land as mandated in the UUPA and the 1945 Constitution.
The Role of The National Land Agency (BPN) In Resolving Land Disputes In Indonesia Pasamai, Syamsuddin; Salle, Salle
Asian Journal of Social and Humanities Vol. 2 No. 10 (2024): Asian Journal of Social and Humanities
Publisher : Pelopor Publikasi Akademika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59888/ajosh.v2i10.352

Abstract

Land disputes are one of the complex and frequent agrarian problems in Indonesia. Therefore, systematic and targeted efforts are needed to resolve land disputes in Indonesia. The National Land Agency (BPN) as a government agency tasked with managing land has an important role in resolving land disputes. This research aims to examine the role of BPN in resolving land disputes in Indonesia. The research method used in this study is a qualitative method. The data collection technique in this research is literature study. The data that has been collected is then analyzed in three stages, namely data reduction, data presentation and drawing conclusions. The research results show that BPN has a central role in resolving land disputes in Indonesia. As an institution responsible for land administration and management, BPN plays a role in facilitating legal and administrative processes related to ownership, utilization and resolution of land disputes. BPN is tasked with providing legal certainty regarding land status, verifying ownership claims, and providing land certificates to the legal owners. Apart from that, BPN also plays a role in mediating and resolving conflicts between parties involved in land disputes, whether between individuals, traditional communities, or private parties. BPN's role is not only limited to administrative aspects, but also includes efforts to create fair and sustainable solutions, taking into account various social, economic and environmental aspects.
The Role Of Civil Society In Sustainable Agrarian Policy Advocacy Pasamai, Syamsuddin; Salle, Salle
Journal of Social Research Vol. 3 No. 8 (2024): Journal of Social Research
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/josr.v3i8.2161

Abstract

Agrarian problems in Indonesia are still complex and have not been resolved completely. Inequality of land tenure, agrarian conflicts, environmental degradation, and land conversion are some examples of problems that continue to occur. In the midst of this situation, the role of civil society becomes important in fighting for sustainable agrarian policies. This research aims to analyze the role of civil society in agrarian policy advocacy in Indonesia. This research adopts a qualitative research method. Data collection is done through literature study. After the data is collected, the analysis is carried out in three stages, namely reducing data, presenting data, and drawing conclusions. The results show that the role of civil society in sustainable agrarian policy advocacy is very important in ensuring social justice, environmental protection, and strengthening the rights of farmers or indigenous peoples related to land. Civil society, through non-governmental organizations (NGOs) and activist networks, acts as a watchdog and critic of agrarian policies issued by the government. In addition, civil society also plays a role in providing education and understanding to local communities about their rights related to land, as well as mobilizing public support to strengthen their demands for equitable agrarian policies.
Customary Rights Versus Land Use Rights Pasamai, Syamsuddin; Salle, Salle
Devotion : Journal of Research and Community Service Vol. 5 No. 12 (2024): Devotion: Journal of Community Research
Publisher : Green Publisher Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59188/devotion.v5i12.25377

Abstract

The 1945 Constitution, Article 33 paragraph (1) grants the State the authority to regulate and manage natural resources, including land, for the welfare of the people. This authority is further elaborated in the Basic Agrarian Law (UUPA), which establishes regulations concerning land ownership, utilization, and management. The UUPA recognizes the state's right of control (recht van beschikking), customary land rights (hak ulayat), and land use rights for business purposes. However, these rights must align with the principle of prioritizing the public interest. In practice, the subordination of customary rights and land use rights to public interest policies can potentially lead to conflicts and economic losses for the rights holders. Issues such as inadequate compensation, lack of consultation, and improper recognition of customary rights often arise, particularly in regions where land is closely tied to indigenous traditions and livelihoods. To address these concerns, there is an urgent need for a standardized regulatory framework that balances the principle of public interest with the protection of customary rights and business land use rights. Such a framework should ensure legal certainty, equitable compensation, and mechanisms for conflict resolution to prevent injustice. By harmonizing state authority with individual and communal rights, the regulation can contribute to sustainable land management while upholding justice and public welfare. This study highlights the importance of legal reform to create comprehensive and inclusive land policies that safeguard the rights of all stakeholders.
Co-Authors Aswari, Aan Salle, Salle