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All Journal Jurnal Akta Pena Justisia: Media Komunikasi dan Kajian Hukum
Pranata, Keri
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Law, Crime, Criminology & Criminal Justice

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LEGAL REVIEW OF ALLUVIAL LAND CONFLICTS FROM SEAWATER SEDIMENTATION IN WERU VILLAGE, LAMONGAN REGENCY Pranata, Keri; Zainudin, Arif; Widyanti, Yenny Eta; Herlindah; Puspitawati, Dhiana
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 002 (2024): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.5339

Abstract

This research is intended to examine the alluvial land conflicts in Weru Village, Paciran District, Lamongan Regency from a legal perspective. The emergence of the Alluvial Land has given birth to disputes between the community and the Village Government. So far, the community has used the Alluvial Land to meet their needs as fishermen. Meanwhile, the village government claims that the land is an asset.  On the other hand, the village government wants to build a breakwater. To support the funding, the village government engages the community by buying and selling on behalf of donations to the Alluvial Land. So that this alliance exists, the community feels disadvantaged because of the unclear alliance. This study uses a normative juridical method strengthened with field data to analyse this case. Based on the legal review of this case, First, the Alluvial Land is state land, which, since the emergence of management, has become the responsibility of the state. However, the community or other legal entities can own such property rights based on the terms and conditions of laws and regulations. Second, the engagement carried out by the Village Government with some communities is considered null and void because one of the elements of the agreement is not fulfilled.
Legal Analysis of the Reappointment of Former Convicted Village Head Based on the Policy of Extending the Term of Office of the Village Head Zainudin, Arif; Pranata, Keri; Setiyo, Adi Tri
JURNAL AKTA Vol 12, No 4 (2025): December 2025
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v12i4.48289

Abstract

The election of village heads is a manifestation of local democracy that affirms the sovereignty of the village people in determining leadership at the most basic level of government. Changes in regulations through Law No. 3 of 2024 which extended the term of office of village heads from six years to eight years, as well as the birth of the Ministry of Home Affairs Circular Letter Number 100.3/4179/SJ, have juridical and sociological implications for the legitimacy of the village head position. One of the crucial issues is the reappointment of village heads who have been entangled in criminal acts, as in the case of the Sekapuk Village Head who was sentenced to five months in prison for embezzlement but was re-inaugurated and received an extension of office. This study uses normative legal methods with legislative and conceptual approaches to examine the suitability of these policies with democratic principles, the principles of clean governance, citizens' political rights, and public accountability. The results of the study show that although the circular provides administrative legal certainty and prevents a vacancy in village leadership, the policy creates a normative conflict between the restoration of the political rights of former convicts and the demands for the integrity of public office. This condition has the potential to reduce public trust in village government and weaken the principle of accountability. Therefore, a more comprehensive policy formulation is needed by including morality and integrity requirements for village heads whose positions are extended so that the principles of democracy and good village governance are guaranteed.
Co-Authors Arif Zainudin Dhiana Puspitawati Herlindah Setiyo, Adi Tri Yenny Eta Widyanti