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All Journal Jurnal Dinamika Hukum Jurnal Pengabdian Hukum Indonesia (Indonesian Journal of Legal Community Engagement) JPHI Sociological Jurisprudence Journal Media Iuris Notaire Jurnal Pertanahan Administrative and Environmental Law Review Veteran Society : Jurnal Pengabdian Masyarakat Yuridika Perspektif Hukum Journal of Fisheries & Marine Jurnal Pertanahan
Oemar Moechthar
Faculty Of Law, Airlangga University
Agriculture, Biological Sciences & Forestry Humanities Biochemistry, Genetics & Molecular Biology Earth & Planetary Sciences Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Penerapan Konsep Trust of Land Dalam Sistem Hukum Agraria: Suatu Perbandingan Hukum Antara Indonesia dan Britania Raya Oemar Moechthar; Ardian Firmansyah Arifin
Media Iuris Vol. 5 No. 3 (2022): MEDIA IURIS
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/mi.v5i3.34969

Abstract

AbstractWhen we are talking about the use of land in Indonesia, as an agricultural country, Indonesia has many talented individuals who are more than capable of managing and cultivating the land. Unfortunately, most of these gifted people do not own the land themselves. Indeed, it is not because they do not want to, but because most land already has its owner. On the other hand, there are numerous unused and neglected lands in Indonesia on which the owner cannot manage and cultivate the land themselves. Such an unfortunate situation causes the purpose of the land to achieve prosperity and welfare for the common good of the people to be a meaningless cliché and practically unachievable. For the same situation, the United Kingdom has a concept of land management called the trust of land. This article aims to identify whether the legislators can adopt this concept into the sphere of Indonesian agrarian law where this adoption might achieve the aim of common welfare within Law Number 5 of 1960. This article will provide a conceptual illustration and advice to the legislators to minimise the number of unused and neglected land in Indonesia to actualise Article 33 Clause (3) of the Constitution for the land to be used for the most benefits of the people. Keywords: Control of Neglected Lands; Trust of Land; Land Law Comparison; Bank of Lands. AbstrakBanyaknya tanah-tanah telantar yang ada di penjuru Republik Indonesia membuat tujuan penggunaan dan pemanfaatan sumber daya agraria untuk menciptakan kemakmuran dan kesejahteraan bagi seluruh rakyat Indonesia tidak tercapai. Dalam satu sisi, banyak rakyat yang tidak memiliki tanah untuk digarap bahkan untuk ditinggali, padahal mereka merupakan bagian dari bangsa Indonesia. Melihat kondisi di atas, Britania Raya memiliki konsep pengelolaan lahan yang bernama trust of land. Tujuan dari penulisan artikel ini yakni apakah legislator Indonesia dapat mengadopsi konsep trust of land ke dalam sistem hukum agraria di Indonesia, sehingga pemanfaatan sumber daya agraria dapat lebih memberikan manfaat dan berkelajutan seperti yang diharapkan dari ketentuan Undang-undang No. 5 Tahun 1960. Tujuan dari penulisan artikel ini yakni memberikan gambaran serta masukan kepada legislator dalam upaya meminimalisir tanah-tanah terlantar yang ada di Wilayah Republik Indonesia agar dapat dimanfaatkan untuk sebesar-besar kemakmuran rakyat sebagaimana tertuang dalam ketentuan Pasal 33 ayat (3) Konstitusi Indonesia. Kata Kunci: Pengendalian Tanah Terlantar; Trust of Land; Perbandingan Hukum Agraria; Bank Tanah.
A Juridical Study of Granting Wills to Heirs in the Perspective of Islamic Inheritance Law Oemar Moechthar; Agus Sekarmadji; Ave Maria Frisa Katherina
Yuridika Vol. 37 No. 3 (2022): Volume 37 No 3 September 2022
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/ydk.v37i3.41161

Abstract

This paper is intended to criticize the societal practices that occur, especially in Indonesia, where many heirs during their lifetime give wills to heirs who have been given a particular part in the Qur'an, which results in other (experts) heirs not getting a share or obtaining. Less than that specified in the Qur'an. One of the contributing factors is because, according to the heir, the provision of the will is to provide justice for all his heirs; however, fairness according to the heir is different from justice in the distribution of inheritance according to the Al-Qur'an and Hadith. Legal research uses this case approach as the primary analysis juxtaposed with the statutory approach and the conceptual approach as the 'knife' of analysis. The thesis or argument obtained is related to aspects of Islamic law; it is not appropriate for the heir to give a will to someone who is an heir whose part has been assigned in the Al-Quran and Hadith.
Inter-Religious Marriage: A Comparison Analysis of Indonesian Law With Other Countries Tomi Hidayatullah; Oemar Moechthar; Dimipta Aprilia
Notaire Vol. 6 No. 2 (2023): NOTAIRE
Publisher : Fakultas Hukum Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/ntr.v6i2.45871

Abstract

AbstractInter-religious marriage is not something new in Indonesia. Judging from the diversity of religions that exist, it does not rule out the possibility of inter-religious marriages. However, inter-religious marriage is still a polemic among the public because the Law of the Republic of Indonesia Number 1 of 1974 concerning Marriage, does not explicitly regulate and accommodate the problem of inter-religious marriage, especially after the enactment of Law Number 23 of 2006 concerning Administration Population, the opportunity to legalize inter-religious marriages seems to be wide open, namely with the availability of the option of submitting an application for interfaith marriages to the District Court to issue a stipulation allowing interfaith marriages and instructing Civil Registry office employees to record these interfaith marriages into Register of Marriage Registration. In the end, people often smuggle laws in ways that are not justified, for example by providing false information that they have changed religions and follow the religion of their partners. Or by carrying out marriages abroad which allow marriages of different religions, and then registering them at the civil registry office. This study aims to find out how Indonesian law views inter-religious marriages and how inter-religious marriages are regulated from a comparison of the laws of other countries, such as those in Canada, Singapore, England and the Netherlands. This study uses a statutory approach, namely an approach that is carried out by examining all laws and regulations that are related to the legal issues under study. The results of this study will provide input to Indonesian legislators which can be used as an improvement in regulations, especially provisions related to inter-religious marriage.Keywords: Interfaith Marriage; Reduced Inequalities; Comparative Civil Law; Peace and Justice.
The Principle of Justice in the Weakness of Objective Rights Holders Against Privileges Rights Holders Trisadini Prasastinah Usanti; Indira Retno Aryatie; Oemar Moechthar
Media Iuris Vol. 6 No. 2 (2023): MEDIA IURIS
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/mi.v6i2.41755

Abstract

AbstractMaterial guarantees create material rights with superior characteristics. One is absolute, that is, the right holder can enforce material rights against anyone. It is as if nothing can beat the holder’s position of material guarantee in the event of a conflict with concurrent creditors and creditors holding privileges. However, this absolute character can be weakened by law. In certain circumstances, such as the right to collect the cost of saving the collateral object, the position of the creditor holding the material guarantee must surrender to the creditor with the privilege. Creditors can even threaten their position by not getting full repayment because the object of the material guarantee is to pay the bill from the creditor who holds the privilege first. The problem analyzed in this article concerns the principle of justice associated with weakening the characteristics of material rights in material guarantees for privileges. This study uses statutory, conceptual, and case approaches. The result of this study is that the creditor’s bills of the holder of the privilege arising from the salvage of collateral objects must take precedence over the bills of creditors of property security holders. This is considered fair, whereby the salvage of collateral causes creditors to remain in their preferred creditor position.Keywords: Justice; Absolute; Material Rights; Material Security; Privileges.
Tracing the Continued Existence of Ulayat Land: Granting Management Rights in the Context of Protecting the Rights of Indigenous Peoples Ma'ruf, Ali; Yakin, Moh. Ainul; Putri, Ervita Septyanto; Karimah, Erlisa Akhlakul; Moechthar, Oemar
Notaire Vol. 7 No. 1 (2024): NOTAIRE
Publisher : Fakultas Hukum Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/ntr.v7i1.54223

Abstract

AbstractThe issue of granting management rights over ulayat land to third parties is still being debated. Management rights originating from communal land are contrary to the concept of the management right itself. Management rights, which are part of the authority of State control rights, are contradicted by management rights that can originate from ulayat land because indigenous peoples have ulayat rights on the ulayat land. For ulayat land that still has the status of ulayat rights of indigenous peoples, if given management rights, the ulayat rights must be released by the indigenous peoples. Thus, the communal land becomes free state land. The granting of management rights on ulayat land is becoming increasingly relevant and complex. Several changes related regulations have raised significant questions regarding the existence of ulayat land and its impact on the sustainability of the lives of indigenous peoples. To accelerate the economy, the government needs to pay attention to the ulayat rights of indigenous peoples over their ulayat land and ensure that these rights are protected and respected. The government also needs to ensure that effective national law enforcement mechanisms are in place to resolve ulayat land disputes. As a result of the granting of HPL on ulayat land, legal uncertainty arises. The existence of ulayat land for indigenous peoples is very important in maintaining the identity, culture, and sustainability of indigenous peoples. Ulayat rights protect the rights of ownership and management of communal land by indigenous peoples so that they can continue cultural practices, traditions, and customs that have existed since the time of their ancestors.Keywords: Management Rights; Ulayat Land; Indigenous People.
The Epistemology of Land in an Adat Perspective: Philosophical Aspects of Human Relations With Land in the View of Mohammad Koesnoe Moechthar, Oemar; Sekarmadji, Agus; Soelistyowati; Poespasari, Ellyne Dwi; Sampe, John Roberto
Media Iuris Vol. 7 No. 1 (2024): MEDIA IURIS
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/mi.v7i1.44976

Abstract

AbstractThe spirit of agrarian law reform in Indonesia has been proposed since 2001, but to date it has not been realized. On the one hand, the existence of adat law as the basis for the formation of national agrarian law as stated in the UUPA needs to be questioned again, whether it actually uses adat law as its raw material, or whether it still uses colonial law. The discussion in this article aims to contribute ideas related to the reform of agrarian law in Indonesia which is based on customary law regarding land. The direction of this reform is based more on the views of adat law expert, Mohammad Koesnoe. The type of research in this article is legal research using a conceptual approach and also a statute approach, and analyzed using historical, systematic and grammatical interpretation methods. The research results show that customary law is still relevant to use as a basis for legal reform in Indonesia while still referring to the rechtsidee of the Indonesian nation as stated in Pancasila. Therefore, agrarian reform in Indonesia should refer to the original law of the Indonesian people, namely adat law.Keywords: Adat Land Law; Agrarian Law Reform; Soil Epistemology.
Omnibus Law In The Dynamics Of Constitutional Law: A Comparative Research Of Indonesia, The United States, The Philippines, And Canada Kaharuddin, Kaharuddin; Karunia, Dinar; Moechthar, Oemar; Maria Frisa Katherina, Ave
Administrative and Environtmental Law Review Vol 6 No 1 (2025)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/aelr.v6i1.4054

Abstract

The omnibus law is a legislative technique designed to streamline regulations by consolidating diverse legal norms into a single statute. In Indonesia, this method has been adopted through the Job Creation Law to enhance legislative efficiency and stimulate economic growth. However, its implementation has raised concerns regarding constitutional democracy, public participation, and adherence to the rule of law as articulated in the 1945 Constitution. This article explores the tension between regulatory efficiency and democratic principles within Indonesia’s constitutional framework. Key issues include limited public engagement, potential infringements of constitutional rights, and the erosion of checks and balances in the legislative process. Using a normative and comparative approach, the research concludes that while the omnibus law offers potential for regulatory reform, its application must be grounded in democratic values, transparency, and social justice to uphold the rule of law.
Characteristics of Water-Soluble Collagen Extracted from Catfish (Pangasius sp.) Skin Using Different Acetic Acid (CH3COOH) Concentrations S.Pi., M. Si, Patmawati; Nuzil Romadhoni, Puput; Puspitaningsih , Devi; Sulmartiwi, Laksmi; Nirmala, Dwitha; Endi Rahmantyo, Lastiko; Moechthar, Oemar; Raseetha, Siva; Akmal Alwi Husein, Mohamad; Khadijah Zai
Jurnal Ilmiah Perikanan dan Kelautan Vol. 17 No. 3 (2025): JURNAL ILMIAH PERIKANAN DAN KELAUTAN
Publisher : Faculty of Fisheries and Marine Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/jipk.v17i3.72086

Abstract

Graphical Abstract Highlight Research Optimized extraction enhances fish skin-based collagen as an alternative to bovine and porcine sources. Hydro-Extraction Advantage offer a cost-effective approach for producing high-purity, water-soluble collagen. Varying CH₃COOH concentrations influence collagen yield and solubility, impacting its potential applications in food, pharmaceutical, and cosmetic industries. Hydro-extracted collagen is biodegradable and free of harmful residues.     Abstract Collagen extraction from fish skin offers a sustainable approach to valorize fish processing by-products, and fish skin catfish (Pangasius sp.) is recognized as a promising collagen source. However, previous studies reported that in low water solubility, limiting its functional application in food, pharmaceutical, and cosmetic industries. To address this challenge, this study investigates the use of varying acetic acid concentrations (0.4, 0.6, and 0.8 M) during the hydrolysis stage prior to hydro-extraction, aiming to enhance the solubility and quality of the extracted collagen. Parameters measured included yield, solubility, proximate composition (protein, fat, air content, ash), organoleptic quality, molecular weight, amino acid profile and functional groups analysis. The best results were achieved with 0.6 M acetic acid, resulting in type I collagen coupled by the amide groups A, B, I, II, III, and molecular weights (65, 95, 130 and 270 kDa). The dominant amino acids identified was glycine. This treatment yielded a collagen extraction rate of 9.04% and solubility of 79.71%. The proximate composition included 67.34% protein, 14.87% fat, 8.48% moisture, and 10.69% ash. Organoleptic scores for appearance, odour, and texture were 7.80, 7.93, and 6.80, respectively. The collagen met the SNI 8076:2020 standard for protein content, moisture, and organoleptic attributes; however, fat and ash contents exceeded the specified limits. In conclusion, the acetic acid concentration significantly affects the physicochemical and sensory properties of collagen. Catfish skin shows strong potential as a raw material for collagen production, which supports its use in the food, pharmaceutical, and cosmetic sectors.
Effect of Ultrasonic Assisted Extraction with Ethanol for Removing Lipid on Catfish (Pangasius sp.) Skin as a Collagen Source and Its Characteristics Agustina, Maulida; Patmawati, Patmawati; Mubarok, Shofy; Sulmartiwi, Laksmi; Wulandari, Diah Anggraini; Zai, Khadijah; Siva, Raseetha; Pujiastuti, Dwi Yuli; Nirmala, Dwitha; Carattri Kusuma Werdani, Money; Moechthar, Oemar; Alwi Husein, Mohamad Akmal
Jurnal Ilmiah Perikanan dan Kelautan Vol. 16 No. 1 (2024): JURNAL ILMIAH PERIKANAN DAN KELAUTAN
Publisher : Faculty of Fisheries and Marine Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/jipk.v16i1.46061

Abstract

Abstract Fish skin is rich in collagen (80%-90%). However, catfish (Pangasius sp.) skin has a high lipid content, which can reduce the quality of collagen. Therefore, treatment is needed to remove the lipid using ultrasonic assisted extraction (UAE) with ethanol. Hence, the aim of the present study was to remove lipid content from catfish skin as a raw material for collagen by using UAE with different concentrations of ethanol (25, 50, and 75%). The research was conducted in three stages: removing impurities, collagen extraction, and characterization of collagen. The result exhibited that UAE-ethanol treatment was capable of removing up to 85.6% of lipid content, and the produced collagen had the potential to be utilized as an alternative source of collagen based on its properties. Highlight Research Ethanol could be used as extractor of lipid from catfish skin of Pangasius Ultrasonic assisted extraction could increase efficiency of lipid extraction from catfish skin. Fish skin of Pangasius sp. has a potential source for collagen. Collagen from skin of Pangasius sp. has a good characteristic with high protein content.
Legal Knowledge Related to Land Registration and Electronic Certification of Land Ownership Oemar Moechthar; Soelistyowati; Ellyne Dwi Poespasari
VSJ | Veteran Society : Jurnal Pengabdian Masyarakat Vol. 2 No. 2 (2021): Veteran Society : Jurnal Pengabdian Masyarakat
Publisher : Fakultas Hukum, UPN Veteran Jawa Timur

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33005/vsj.v2i2.24

Abstract

The dynamics of land in Indonesia have led to various conflicts, one of which is proof of land rights in the form of land rights certificates. The existing conditions, until 2021, it turns out that many rights subjects do not have land rights certificates; they only rely on evidence in the form of old rights, including girik, pipil, kekitir. The proof of the ancient rights proved to be less able to guarantee legal certainty and legal protection than the certificate of land rights stated in the UUPA. In addition, there is Regulation Number 1 of 2021 concerning Electronic Certificates that must be applied. This situation will be a problem that will be discussed related to land registration which is done manually turning into electronic, which is later expected to make it easier for the community to obtain proof of ownership of their land rights. This activity is part of implementing the Tri Dharma of Higher Education, one of which is community service in the form of legal counseling. Through this activity, it is hoped that the community can play an active role in registering proof of land rights for certification and encourage the achievement of "no land ownership without certificates" that the Government can carry out.
Co-Authors Agus Sekarmadji Agus Widyantoro Akmal Alwi Husein, Mohamad Alwi Husein, Mohamad Akmal Angela Melani Widjaja Arif Firmansyah Ave Maria Frisa Katherina Carattri Kusuma Werdani, Money Diah Anggraini Wulandari Dimipta Aprilia Dwi Yuli Pujiastuti Dwitha Nirmala Ellyne Dwi Poespasari Endi Rahmantyo, Lastiko Erlisa Akhlakul Karimah Indira Retno Aryatie Kaharuddin Karunia, Dinar Khadijah Zai Khadijah Zai Laksmi Sulmartiwi MA'RUF, ALI Maria Frisa Katherina, Ave Maulida Agustina Maulida Agustina Mohamad Akmal Alwi Husein Money Carattri Kusuma Werdani Mubarok, Shofy N. Juni Triastuti Nuzil Romadhoni, Puput Patmawati Patmawati Patmawati Patmawati, Patmawati Puspitaningsih , Devi Putri, Ervita Septyanto Raseetha Siva Raseetha, Siva S.Pi., M. Si, Patmawati Sampe, John Roberto Shofy Mubarok Siva, Raseetha Soelistyowati Soelistyowati Sri Hajati Sri Winarsi Tomi Hidayatullah Trisadini Prasastinah Usanti Wulandari, Diah Anggraini Yakin, Moh. Ainul zai, Khadijah