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All Journal Jurnal Ilmu Sosial dan Humaniora SYAMIL: Jurnal Pendidikan Agama Islam (Journal of Islamic Education) Unes Law Review Istinbath: Jurnal Hukum dan Ekonomi Islam Journal of Law Science JOURNAL OF INDONESIAN COMPARATIVE OF SYARIAH LAW Law Development Journal Mazahib: Jurnal Pemikiran Hukum Islam Journal of Scientech Research and Development SYAMIL: JURNAL PENDIDIKAN AGAMA ISLAM (JOURNAL OF ISLAMIC EDUCATION) Legal Protection for the Partnership Agreement Parties Journal of Law, Poliitic and Humanities Eduvest - Journal of Universal Studies Ranah Research : Journal of Multidisciplinary Research and Development Indonesian Journal of Islamic Religious Education (INJIRE)
Hayati, Mulida
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Religion Aerospace Engineering Humanities Chemical Engineering, Chemistry & Bioengineering Civil Engineering, Building, Construction & Architecture Computer Science & IT Economics, Econometrics & Finance Education Environmental Science Health Professions Industrial & Manufacturing Engineering Law, Crime, Criminology & Criminal Justice Library & Information Science Neuroscience Physics Public Health Social Sciences Transportation Other

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Journal : Law Development Journal

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The Judge's Consideration on The Case of Rejection of The Lawsuit Related to Land Grabbing (Study of Decision No. 189/PDT. G/2020/PN PLK) Febrizha, Meishy; Hayati, Mulida; Martono, Yacob F
Law Development Journal Vol 7, No 3 (2025): September 2025
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.7.3.424-435

Abstract

Land disputes in Indonesia are still a complex and recurring legal issue, especially in cases of land grabbing that involve the act of controlling or using another party's land without legitimate rights. This problem often leads to judicial proceedings because it is related to property rights protected by the Basic Agrarian Law. However, many lawsuits were rejected because the plaintiff could not prove land ownership or did not meet the formal or material requirements as stipulated by the civil procedure law. This study aims to analyze the judge's consideration in rejecting the land grabbing lawsuit in Decision No. 189/PDT. G/2020/PN PLK and identify the legal variables that affect the decision. The method used is qualitative research with a normative juridical approach through literature study. The results of the study showed that the judge rejected the lawsuit by referring to Article 1365 of the Civil Code regarding unlawful acts and Article 1865 of the Civil Code regarding the principle of the burden of proof. The plaintiff was considered incapable of fulfilling the elements of unlawful acts and failed to present authentic evidence, such as land deeds and certificates, as the basis for ownership rights in accordance with the UUPA.
Legal Perspectives on Underage Marriage in The Dayak Customary Society: Challenges and Human Rights Protection Hayati, Mulida; Septian Noor, Rico
Law Development Journal Vol 8, No 1 (2026): March 2026
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.8.1.53-70

Abstract

This study examines the conflict between state law and Dayak customary law regarding underage marriage practices. Using a legal pluralism framework and a socio-legal approach, this study analyses the customary rationality that legitimises these practices and their impact on human rights, particularly for women. The method used is empirical legal research, which fundamentally examines law in its social context. This choice is based on the research objective to understand how state law, particularly the Marriage Law, interacts and often conflicts with Dayak customary law that is alive and practised by the community. The results of this study show that customary marriage, driven by socio-economic factors and efforts to avoid communal sanctions, creates legal dualism that hinders children's access to fundamental rights to education and health. This study concludes that repressive law enforcement is ineffective and recommends an accommodative protection model.
Co-Authors Agus Dwi Susanto Ali, Nuraliah Berto Siagian, Christian Lasro efraim, Efraim Evi Evi Faiza, Rohmatul Farina, Thea Febrizha, Meishy Fransisco, Fransisco Kencana, Novanita Puspa Khaerah, Alfi Kristianto, Kiki Kurniawan, Dwi Meilady Lindayadia, Lindayadia Martono, Yacob F Mopoliu, Abdul Ziqron Novea Elysa Wardhani Nuraliah Ali Raja V. Situmorang, Primus Sangalang, Rizki Setyobowo Saragih, Liyan Sestin Pebriani Septian Noor, Rico SETIAWAN, Ahmad Sudiarti, Elin Suwardi, Ahmad Wirayuda, Wirayuda Wulandari, Vicka Prama