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All Journal PROGRESIF: Jurnal Hukum Pena Justisia: Media Komunikasi dan Kajian Hukum Marcapada: Jurnal Kebijakan Pertanahan Journal of Law, Poliitic and Humanities
Khasanah, Dian Dewi
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Agriculture, Biological Sciences & Forestry Humanities Decision Sciences, Operations Research & Management Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Pelaksanaan Landreform pada Tataran Implementasi atas Pengalihan Objek Redistribusi sebelum Waktunya Alfons, Alfons; Khasanah, Dian Dewi
Marcapada: Jurnal Kebijakan Pertanahan Vol. 1 No. 1 (2021): Marcapada: Jurnal Kebijakan Pertanahan
Publisher : Sekolah Tinggi Pertanahan Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (664.122 KB) | DOI: 10.31292/jm.v1i1.5

Abstract

Land reform is an activity to provide a sense of justice in the control, ownership, use and utilization of land in the context of the welfare of the people who work in agriculture, but in fact the goals to be achieved are not realized because before the success of the land redistribution object has been transferred to other parties, it is necessary to knowing and solving efforts so that premature transfers can be avoided, while the method used in this writing is descriptive normative, meaning to see social problems that occur in the community related to transfers for further analysis based on the results of existing research and regulatory provisions through literature study. The results show that institutionally the implementation of land reform is better than at present, because the implementing organization reaches the village level, in contrast to now only at the district level, including the prevention of the transfer of the object of redistribution, which is regulated in detail so that it is difficult to transfer rights to the land of the object of redistribution. On the other hand, the existence of cooperatives is needed as a form of prevention of diversion.
The Role of The National Land Agency in Preventing and Setting Land Disputes in Indonesia Purnama, Dwi; Khasanah, Dian Dewi
Journal of Law, Politic and Humanities Vol. 4 No. 4 (2024): (JLPH) Journal of Law, Politic and Humanities (May-June 2024)
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v4i4.543

Abstract

Land holds a vital role in Indonesia, yet its management faces complex challenges, including land disputes involving individuals, communities, government, and corporations. This research aims to analyze the role of the National Land Agency (Badan Pertanahan Nasional, BPN) in preventing land disputes in Indonesia and to identify the challenges and obstacles faced in the process of resolving land disputes. This study employs a normative legal research method with a legislative and conceptual approach, examining various primary, secondary, and tertiary legal sources through a literature review. Data analysis is conducted qualitatively using descriptive-analytical methods, involving legal interpretation and evaluation of the effectiveness of BPN's role in preventing and resolving land disputes. The results of the research indicate that the National Land Agency (BPN) plays a crucial role in preventing and resolving land disputes in Indonesia through various programs and strategies but faces complex challenges. BPN implements programs such as systematic land registration, the development of an integrated land information system, and agrarian reform to create better land administration. However, BPN also encounters obstacles such as the complexity of disputes, overlapping authorities, resource limitations, conflicts with customary law, and the politicization of land disputes. The diversity of these issues requires different approaches and often involves various parties with conflicting interests, while BPN must contend with resource constraints and a legal framework that does not fully accommodate the complexity of contemporary land issues.
Waqf Land Registration and Its Implications for Legal Certainty: A Case Study in Jember Regency Wibisono, Alvanto; Mujiburohman, Dian Aries; Khasanah, Dian Dewi
Marcapada: Jurnal Kebijakan Pertanahan Vol. 4 No. 2 (2025): Marcapada: Jurnal Kebijakan Pertanahan
Publisher : Sekolah Tinggi Pertanahan Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31292/mj.v4i2.149

Abstract

This study analyzes the implementation of the waqf land registration acceleration program in Jember Regency as an effort to increase recognition and legal protection of waqf assets. The method used is descriptive-qualitative by combining primary data from interviews and secondary data. This program is implemented through three main approaches: local acceleration, integration with the 2023 PTSL program, and a cross-sector scheme (Lintor) involving the regional government, Ministry of Religious Affairs, Land Office, and Indonesian Waqf Agency. Of the target of 1,000 plots, only 752 waqf plots and 87 lintor plots were successfully certified. The main obstacles include limited KUA infrastructure, unsystematic rotation of officials, data asynchrony between institutions, and low public legal awareness of the importance of certification. This study concludes that the effectiveness of the program is determined by the simplification of procedures, institutional synergy, and public education through religious institutions. Theoretically, this study expands the study of religious agrarian governance by applying a multi-actor approach and offering a collaborative model that can be replicated in other areas. Capacity building of Nazir and sustainable funding are also recommended to encourage the legalization of waqf land nationally and ensure long-term legal certainty.
KEPEMILIKAN PROPERTI BAGI WARGA NEGARA ASING YANG BERKEDUDUKAN DI INDONESIA Khasanah, Dian Dewi
PROGRESIF: Jurnal Hukum Vol 16 No 1 (2022): PROGRESIF : Jurnal Hukum
Publisher : Fakultas Hukum Universitas Bangka Belitung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33019/progresif.v16i1.2999

Abstract

In principle, only Indonesian citizens can own land in Indonesia. With the government's program to improve development and the Indonesian economy by promoting investment by bringing in foreign investors, the government issued a policy to regulate property ownership for foreign citizens who wish to own a residence in Indonesia. Property that can be owned by foreign nationals can only be owned with the status of Right to Use and Right to Rent for a certain period of time. The purpose of this limitation of the period of property ownership for foreign nationals is to protect land owned by Indonesian citizens from various exploitation and covert foreign domination. Ownership of property by foreign nationals is regulated in various laws and regulations and their implementing regulations. With the issuance of these various regulations, it is hoped that there will be harmonization between property ownership arrangements for foreign citizens and residential ownership for Indonesian citizens.
SOCIAL, ECONOMIC, LEGAL, AND CULTURAL IMPACTS OF LAND ACQUISITION FOR THE CONSTRUCTION OF THE NGAWI- KARTASURA TOLL ROAD SEGMENT Setiowati, Setiowati; Sudirman, Senthot; Khasanah, Dian Dewi
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 1 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i1.4924

Abstract

The construction of the Ngawi - Kartasura Toll Road Segment, part of the 90.1-kilometer Solo - Ngawi Toll Road project, aims to improve connectivity and economic growth in Java, but also brings complex impacts in the land acquisition process. This process raises various social, economic, legal, and cultural challenges that require a holistic and participatory approach, including impact mitigation strategies, transparency, and integration with comprehensive regional development planning. This research aims to analyze the social, economic, legal, and cultural impacts of the land acquisition process for the construction of the Ngawi - Kartasura Toll Road Segment on affected communities, as well as evaluate the effectiveness of land acquisition policies and implementation in mitigating negative impacts and maximizing development benefits for local communities. This research uses normative legal research methods with statutory and conceptual approaches, focusing on the analysis of primary, secondary, and tertiary legal materials through literature study. The data analysis technique uses qualitative analysis methods with deductive reasoning. The results show that the land acquisition process for the construction of the Ngawi - Kartasura Toll Road Segment has multidimensional impacts on affected communities, including social, economic, legal, and cultural aspects. Although there are comprehensive legal foundations and mechanisms for impact mitigation and benefit optimization, the effectiveness of their implementation still varies in the field. Efforts to mitigate negative impacts and maximize benefits have been made, but still face challenges such as inconsistencies in land data, land speculation, and community resistance. To improve effectiveness, a more holistic and participatory approach is needed, including strengthening community participation, improving data accuracy, strengthening local government capacity, and better integration with regional development planning.
Co-Authors Alfons, Alfons Dian Aries Mujiburohman Purnama, Dwi Senthot Sudirman setiowati setiowati Wibisono, Alvanto