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All Journal Jurisprudensi: Jurnal Ilmu Syariah, Perundang-undangan, Ekonomi Islam Al-Muamalat: Jurnal Hukum dan Ekonomi Syari'ah
Muthallib, Abdul
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Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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PENGARUH SERTIFIKAT HAK ATAS TANAH SEBAGAI ALAT BUKTI DALAM MENCAPAI KEPASTIAN HUKUM Muthallib, Abdul
Jurisprudensi: Jurnal Ilmu Syariah, Perundang-undangan, dan Ekonomi Islam Vol 12 No 1 (2020): Jurisprudensi: Jurnal Ilmu Syariah, Perundang-Undangan dan Ekonomi Islam
Publisher : State of Islamic Institute Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/jurisprudensi.v12i1.1673

Abstract

This article discusses legal certainty as one of the objectives of Law No. 5 of 1960 concerning Agrarian (Undang-Undang Nomor 5 Tahun 1960 tentang Pokok-Pokok Agraria) Principles and the influence of land rights certificates as a strong means of proof of land registration. The provision of guarantees of legal certainty to holders of land rights is accommodated in Law Number 5 of 1960 concerning Agrarian Principles and further regulated in Government Regulation Number 24 of 1997 concerning Land Registration (Peraturan Pemerintah Nomor 24 Tahun 1997 tentang Pendaftaran Tanah). Using a normative legal view, this article refers to regulations on agrarian. The discussion of the article looks at the role of the government in providing opportunities for all citizens to register land with the aim of obtaining legal certainty and minimizing disputes. This article looks at the purpose of issuing certificates in land registration activities so that right-holders can easily prove that they are the right-holders. This is done so that rights holders can obtain legal certainty and legal protection. However, the land rights certificate issued is considered to be still lacking in minimizing disputes and it is assumed that it has not affected the land rights owners to protect their rights.
Peran Hakim dalam Sengketa Tanah Berbasis Hukum Perdata: Analisis terhadap Kesenjangan Putusan Pengadilan Muthallib, Abdul
Al - Muamalat: Jurnal Hukum dan Ekonomi Syariah Vol 9 No 2 (2024): Al-Muamalat: Jurnal Hukum Dan Ekonomi Syari'ah
Publisher : IAIN Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/muamalat.v9i2.9885

Abstract

Ideally, in resolving land disputes based on civil law, judges are expected to deliver fair, consistent decisions grounded in objective legal reasoning. However, in reality, there is often a gap in judicial decisions that reflects inconsistencies in the application of the law, which can lead to injustice for the parties involved in the dispute. This study aims to analyze the role of judges in land disputes based on civil law and identify the factors contributing to discrepancies in judicial decisions. The research methodology used is normative legal research, with data sources including legislation and relevant land dispute cases. The research concludes that the role of judges in land disputes is crucial for delivering justice, but it is often influenced by inconsistencies in the application of the law. Therefore, continuous training for judges, the development of more detailed technical guidelines, and strengthening the land information system that is accessible transparently to all relevant parties are necessary.
Agrarian Conflict in Aceh: The Intersection of Corporate Interests, Farmers' Rights, and Government Governance Muthallib, Abdul
Jurisprudensi: Jurnal Ilmu Syariah, Perundang-Undangan dan Ekonomi Islam Vol 17 No 1 (2025): Jurisprudensi: Jurnal Ilmu Syariah, Perundang-Undangan dan Ekonomi Islam
Publisher : State of Islamic Institute Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/jurisprudensi.v17i1.9884

Abstract

Ideally, agrarian conflicts in Aceh could be resolved with a fair and sustainable approach that accommodates the interests of companies, farmers' rights, and the role of the government in transparent governance. However, in reality, these conflicts are often triggered by inequalities in land rights distribution, injustice in the treatment of farmers, and the lack of effective oversight of companies, as well as government policies that do not always favor local communities' interests. This study aims to analyze the dynamics of agrarian conflicts in Aceh, focusing on the interactions between the interests of companies, farmers' rights, and the role of government governance, as well as identifying the factors influencing the inequality in land dispute resolution. The methodology used in this study is qualitative literature-based research with a descriptive analysis approach. The results of the study conclude that agrarian conflicts in Aceh are caused by imbalances in land control between companies, farmers, and the government, with the interests of companies often clashing with farmers' rights, while government governance has not yet been able to accommodate all parties fairly. Resolving these conflicts requires a holistic approach that strengthens agrarian reform policies, oversight of companies, and transparent dispute resolution mechanisms, followed by the active role of indigenous communities and advocacy organizations in protecting farmers' rights.
Peran Hakim dalam Sengketa Tanah Berbasis Hukum Perdata: Analisis terhadap Kesenjangan Putusan Pengadilan Muthallib, Abdul
Al-Muamalat Jurnal Hukum dan Ekonomi Syariah Vol 9 No 2 (2024): Al-Muamalat: Jurnal Hukum Dan Ekonomi Syari'ah
Publisher : IAIN Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/muamalat.v9i2.9885

Abstract

Ideally, in resolving land disputes based on civil law, judges are expected to deliver fair, consistent decisions grounded in objective legal reasoning. However, in reality, there is often a gap in judicial decisions that reflects inconsistencies in the application of the law, which can lead to injustice for the parties involved in the dispute. This study aims to analyze the role of judges in land disputes based on civil law and identify the factors contributing to discrepancies in judicial decisions. The research methodology used is normative legal research, with data sources including legislation and relevant land dispute cases. The research concludes that the role of judges in land disputes is crucial for delivering justice, but it is often influenced by inconsistencies in the application of the law. Therefore, continuous training for judges, the development of more detailed technical guidelines, and strengthening the land information system that is accessible transparently to all relevant parties are necessary.
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