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All Journal Al Ahkam Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Jurnal Hukum Inconcreto
Sumirat, Iin Ratna
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Law, Crime, Criminology & Criminal Justice

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Pemenuhan Hak Politik Penyandang Disabilitas di Kabupaten Serang Rohmawati, Cucum; Sumirat, Iin Ratna; Nakdan, Miftahu Jami; Ajis, Mohd Na'eim
Al Ahkam Vol. 20 No. 1 (2024): Januari-Juni 2024
Publisher : Fakultas Syariah UIN Sultan Maulana Hasanuddin Banten

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37035/ajh.v20i1.9831

Abstract

Citizens have rights that must be respected during general elections. Among these rights is the recognition of women's political rights, which is a means of ensuring that people with disabilities have the same opportunities as voters, candidates for the House of Representatives, Regional Representative Board, President or Vice President, Provincial Legislatives Council, etc. provided they meet the requirements outlined in Law No. 7 of 2017. The lack of participation of people with disabilities in politics in Serang Regency hinders women with impairments from exercising their political rights. This article aims to describe the progress in fulfilling the political rights of individuals with disabilities in Serang Regency. The article's subject was selected using a purposeful method during the writing process. The research findings indicate that individuals with disabilities in Serang Regency still face significant barriers in exercising their political rights. The reason for this is that people are unaware of their political rights, which include those of people with disabilities. As a result, there is a common misconception that individuals with disabilities, especially women, are deemed unfit to run for public office or serve as legislative candidates due to perceived physical limitations that hinder their ability to fulfill their responsibilities effectively.
Constitutional Framework for Mining Regulation: Regional Autonomy and State Authority Sumirat, Iin Ratna; Rahman, Arif; Tabrozi, Dhika; Wazin, Wazin
Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Vol. 8 Issue 2 (2025) Volksgeist: Jurnal Ilmu Hukum Dan Konstitusi
Publisher : Faculty of Sharia, Universitas Islam Negeri (UIN) Profesor Kiai Haji Saifuddin Zuhri Purwokerto, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/volksgeist.v8i2.12616

Abstract

The licensing of minerals and coal in Indonesia faces significant challenges, particularly concerning legal certainty and fair intergovernmental relationships. This research delves into the legal uncertainties emerging from the central-regional framework defined by Article 18 of the 1945 Constitution and Law No. 23/2014 on Regional Government. It also examines sectoral regulations as laid out in Law No. 4/2009, amended by Law No. 3/2020 and Law No. 2/2025, and Government Regulation No. 25/2024. Through a normative legal methodology that includes legislative, conceptual, and comparative analyses, the study highlights issues such as: overlapping mandates between laws, unclear operational boundaries between Law No. 23/2014 and post-2020 mining regulations, and inconsistencies in enforcement practices. A significant conclusion of the research emphasizes the constitutional authority given to Regional Governments to regulate and oversee mining operations within their areas. However, the implementation Law No. 2 may unintentionally undermine regional autonomy and modify the crucial role of Regional Governments as primary regulators in the mining sector. Additionally, the assignment of authority to mass organizations and universities in mining management in mining raises serious questions regarding legal hierarchy and compliance with constitutional mandates, potentially conflicting with their official roles and purposes.
Legal Certainty in Housing Development on Protected Rice Paddy Land: A Case Study of the Pendawa Housing Estate, Lebaksiu, Tegal Regency Arahman, Muhamad Noval; Basit, Abdul; Sumirat, Iin Ratna
Jurnal Hukum In Concreto Vol. 5 No. 1 (2026): Jurnal Hukum In Concreto Volume 5 Nomor 1 2026
Publisher : LPPM Universitas Harapan Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35960/inconcreto.v5i1.2124

Abstract

The designation of Protected Rice Paddy Land (LSD) is a national policy aimed at controlling the conversion of agricultural land to ensure long-term food security. In practice, however, this policy often conflicts with factual conditions on the ground, particularly when residential housing projects have already been constructed and sold before the spatial utilization permits were fully obtained. This study aims to analyze the legal certainty of housing developments built on land that was later designated as LSD, and to identify appropriate legal protection mechanisms for good-faith purchasers. The Pendawa Housing Estate in Tegal Regency is used as a case study, and the research applies a normative juridical method based on statutory and case approaches. The findings reveal that LSD serves as an administrative instrument within the spatial planning system and should not be treated as an absolute prohibition on land use. Its implementation must be proportional and respect the principles of legal certainty and fairness, particularly concerning buyers who have acquired property lawfully. Legal responsibility for spatial violations lies with the developer, while local governments play a strategic role in resolving these issues through adaptive and equitable administrative law mechanisms. This study concludes that harmonization between LSD policies and regional spatial planning systems is essential, alongside the protection of good-faith stakeholders' rights in the context of residential development.
Co-Authors Abdul Basit Ajis, Mohd Na'eim Arahman, Muhamad Noval Arif Rahman Nakdan, Miftahu Jami ROHMAWATI, CUCUM Tabrozi, Dhika WAZIN WAZIN, WAZIN