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Increasing Literacy on Land Endowment Law for Students of Al-Muhtada Research Islamic Boarding School in Semarang City Suhadi Suhadi; Sudijono Sastroatmodjo; Dani Muhtada; Isnani Isnani
Jurnal Pengabdian Hukum Indonesia (Indonesian Journal of Legal Community Engagement) Vol 5 No 2 (2022): Indonesian Journal of Legal Community Engagement
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jphi.v5i2.59835

Abstract

Land waqf as a legal institution known in Islamic law has gained a strong position in Indonesian national law based on Law Number 41 of 2014 concerning Waqf. The understanding and practice of land waqf, which has been partly carried out verbally on the basis of mutual trust, has not provided optimal legal certainty and legal protection. In the community, legal literacy is increased in the context of land waqf. Land waqf legal actions that have been carried out based on Islamic law must also be carried out with due regard to national law. The legal act of waqf land must be carried out before the authorized official and registered with the Land Office. The waqf pledge must be made before the registrar of the waqf pledge to be further recorded in the waqf pledge deed. The Waqf Pledge Deed is written evidence in the land registration at the Land Office, as the basis for the issuance of the Waqf Land Certificate. Land Waqf Certificates are issued in order to realize legal certainty and legal protection of land waqf. The regulation of land waqf in the Waqf Law and its implementing regulations further confirms waqf as an important and useful institution for efforts to realize community welfare, in line with the goals of state life.
Integrating Due Process Into The Enforcement Framework of Criminal Law Politics Rendy Laputigar; Suhadi Suhadi; Rodiyah Rodiyah
IJCLS (Indonesian Journal of Criminal Law Studies) Vol 9, No 1 (2024): Indonesia J. Crim. L. Studies (May, 2024)
Publisher : Universitas Negeri Semarang (UNNES)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v9i1.50293

Abstract

Criminal Law Reform endeavours to establish legal frameworks that meet society's evolving needs within the realm of criminal justice. It involves revising existing legal standards to craft new regulations that can effectively address contemporary challenges. The core aim is to keep pace with societal changes, ensuring that criminal law remains relevant and responsive to real-world circumstances. Central to this is the concept of due process, a cornerstone of criminal justice systems worldwide, which safeguards individual liberties and human rights. It underscores the intrinsic connection between criminal law and due process, highlighting their indispensable unity. This study explores the vital role of due process in shaping law enforcement practices within the criminal justice domain, seeking to assess its significance in upholding individual rights while facilitating efficient law enforcement. The research methodology involves qualitative analysis through the examination of legal texts, case studies, and evaluations of policies. Findings suggest that due process of law plays a vital role in balancing law enforcement effectiveness with civil liberties protection. The conclusion emphasizes the importance of integrating due process principles uniformly into criminal justice systems to promote fairness and strengthen the rule of law.
The Development of Agricultural Land Conversion: Legal Culture and Comparative Law in Indonesia and Nigeria Suhadi Suhadi; Asmarani Ramli; Tri Andari Dahlan; Uche Nnawulezi; Mary-Ann Onoshioke Ajayi
Lex Scientia Law Review Vol. 8 No. 2 (2024): Advancing Justice, Rights, and Governance in a Digital and Decentralized World
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lslr.v8i2.13999

Abstract

Land conversion is an important issue in Indonesia and Nigeria, with significant economic, social and environmental impacts. The problem-solving approach to uncovering farmers' legal culture is done through a sociolegal approach, where the law is seen not limited to the text but also its context in reality in society. With the sociolegal approach, the values, attitudes and views (NSP) of farmers towards their agricultural land, towards LP2B policies, and the behaviour of farmers in the use and utilization of their agricultural land designated as sustainable food agricultural land can be revealed and constructed appropriately and adequately. This research aims to uncover how farmers' legal culture can be better integrated in the law enforcement of food agricultural land protection, as well as find ways to harmonize formal laws with local practices in order to achieve more effective and equitable land protection, in addition to comparing factors affecting land conversion in both countries, including urbanization, infrastructure and industrial development, and government policies. The economic impacts of land conversion include economic growth and job creation, but also threaten food security and farmers' livelihoods. Social impacts include land conflicts and changes in people's lifestyles, while environmental impacts include deforestation, erosion and flooding. Proposed solutions include stronger monitoring and law enforcement, community participation, and sustainable policies and empowerment programs for farmers. In conclusion, wise policies and active participation from all parties are needed to sustainably manage land conversion in Indonesia and Nigeria.
Enhancing Nazir Capacity through Legal Literacy of Land Trust to Ensure Legal Certainty in Waqf Land Management Suhadi Suhadi; Dani Muhtada; Asmarani Ramli; Imam Baehaqie; Isnani; Ardi Sirajudin Rauf; Lucky Andinna Santyoko; Muhammad Ridha
Jurnal Pengabdian Hukum Indonesia Vol. 7 No. 2 (2024): (July-December, 2024)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jphi.v7i2.6693

Abstract

Nazir as the party who received the mandate to receive and manage waqf land faced several problems related to waqf land. These problems are that the waqf land has not been certified, the waqf land is in dispute, the waqf land has been lost/controlled by another party. This problem occurs because the practice of waqf land is carried out verbally on the basis of mutual trust, the waqf pledge has not been made before PPAIW, the waqf pledge deed has not been processed, the waqf land has not been registered, and the waqf land has not been utilized according to the waqf pledge. Through community service activities, Nazir's capacity was increased through literacy in land waqf law. Legal literacy includes the land waqf process and waqf land registration. The legal act of donating land must be carried out according to the Waqf Law, carried out before an authorized official and the waqf land is registered at the Land Office. The waqf pledge must be made in front of the Waqf Pledge Deed Registrar to be recorded in the Waqf Pledge Deed. The Waqf Pledge Deed is written evidence in land registration at the Land Office, as the basis for issuing a Waqf Land Certificate. Waqf Land Certificates are issued to create legal certainty and legal protection for land waqf. The regulation of land waqf in the Waqf Law and its implementing regulations further confirms waqf as an important and useful institution for efforts to realize community welfare, in line with the goals of state life.
Legal Reconstruction of the Establishment of Places of Worship in Indonesia: A Legal-Political Analysis within the Framework of Land Use and Spatial Planning Law Suhadi Suhadi; Dani Muhtada; Andi Gazly Satrya Amal
Journal of Indonesian Legal Studies Vol. 9 No. 2 (2024): Reforming Legal Frameworks: Justice, Rights, and Innovation in Indonesia and Be
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v9i2.19162

Abstract

The establishment of places of worship in Indonesia is a critical issue that intersects with legal and political concerns, yet the regulatory framework governing such establishments remains insufficiently codified. Currently, the guidelines for the establishment of places of worship are outlined in the Joint Regulation of the Minister of Religious Affairs and Minister of Home Affairs Number 9 and Number 8 of 2006 (PBM 2006). However, these regulations are not formal laws and fail to provide adequate legal guarantees and protection for all citizens to practice their religion freely. This study uses a normative juridical approach, employing legal, historical, and conceptual methods to argue that the regulations surrounding the construction of places of worship require a comprehensive legal reconstruction. The research analyzes the issue from a legal-political and land law perspective. From a political-legal viewpoint, it is clear that the PBM 2006 does not align with Indonesia's legal ideals. The regulation contains discriminatory provisions that contradict the principles of a unified state, social justice, democracy, and religious freedom. Places of worship are not only a necessity but also a fundamental expression of belief, guaranteed by the Indonesian Constitution. Therefore, regulations governing the construction of places of worship should be enacted as laws, rather than as ministerial regulations. The study concludes that a formal legal framework for the establishment of places of worship, in the form of a law, is urgently needed. Such a law would ensure equal protection for all citizens and foster social justice, thereby protecting the rights of Indonesia’s diverse population to worship in accordance with their beliefs.