Rahmawati Al Hidayah
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Urgensi Pembentukan Peraturan Desa tentang Pengelolaan Pasar Tuah Benua Desa Sepaso Kabupaten Kutai Timur Kiki Rustyanti; Rahmawati Al Hidayah; Alfian Alfian
Majelis: Jurnal Hukum Indonesia Vol. 2 No. 4 (2025): November : Majelis : Jurnal Hukum Indonesia
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/majelis.v2i4.1249

Abstract

This research discusses the urgency of establishing a Village Regulation regarding the management of Tuah Benua Market to identify legal issues and the urgency of forming a village regulation. Minister of Home Affairs Regulation Number 42 of 2007 concerning Village Market Management does not specifically regulate market fees, sanctions, and prohibitions on trading outside Tuah Benua Market, resulting in a legal vacuum. This research uses empirical legal methods with direct observation and interviews in the field. The research results are expected to provide recommendations for the formation of effective Village Regulations in the management of Village Markets and support local economic development. The formation of a Village Regulation on the management of Tuah Benua Market is crucial to create legal certainty and improve the management of the Village Market. Village Regulations can regulate prohibitions on trading outside the market area, sanctions for traders who violate, and market fee policies. Thus, Tuah Benua Market can become a orderly, conducive, and beneficial trading center for the surrounding community. Village Regulations must be made considering the needs of the village community and implemented effectively to create a conducive and fair trading environment.
Legal Challenges to Local Communities' Land Rights in the Capital City of Nusantara Rahmawati Al Hidayah; Aryo Subroto; Setiyo Utomo
JUSTISI Vol. 12 No. 1 (2026): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v12i1.4379

Abstract

This study aims to analyze land policies before and after the establishment of the National Capital City (IKN), including regulations on restrictions or freezes on land rights transfers, as well as regulations on land acquisition, and their impact on local communities, both indigenous and non-indigenous. The method used is an empirical legal approach or socio-legal studies that focus not only on norms but also on the context of their enforcement in the IKN area, particularly in North Penajam Paser Regency. This is done by analyzing facts in the field related to land regulations in the IKN area, which directly impact local communities. The novelty of this research lies in the dynamics of regulations issued before and after the establishment of the IKN, particularly in terms of land, ranging from the freezing of transfer of rights to land acquisition for the development of the IKN, which has implications for conflicts over the living space of local communities. The results of this study found that the land regulations that have been in place since the establishment of the IKN have had an impact on the control and use of community land, where conflicts have been triggered by the lack of transparency in the development process, compensation issues, and the suspension of land rights registration. The concluded that land regulations related to the development of the IKN have an impact on the control and use of land by local communities. Legal efforts to resolve land tenure issues in the IKN need to be differentiated based on when the issues arose. Problems that occurred before the establishment of the IKN should be resolved through non-litigation efforts such as negotiation and mediation, while post-establishment IKN issues should be addressed by adjusting the implementation of the land acquisition scheme to the existing conditions in the field.