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All Journal MLJ Golden Ratio of Data in Summary Rechtsnormen Journal of Law
Sumarna, M. Ibnu
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Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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Comparative Analysis of the Use of Customary Law in Land Dispute Resolution: Case Study Approach Judijanto, Loso; Utama, Andrew Shandy; Sahib, Abdul; Sumarna, M. Ibnu; Zulfikar, Muh. Reza
Rechtsnormen: Journal of Law Vol. 2 No. 2 (2024)
Publisher : Yayasan Pendidikan Islam Daarut Thufulah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55849/rjl.v2i2.796

Abstract

Background. Background Customary law is a legal system that has existed since ancient times in many communities in Indonesia. However, with modernization and globalization, the use of customary law in land dispute resolution is often overlooked or defeated by positive law. Therefore, it is important to conduct a comparative analysis of the use of customary law in land dispute resolution to understand its relevance in the context of modern law. Purpose. The purpose of this study is to investigate the comparative use of customary law and positive law in land dispute resolution. The specific objective is to evaluate the effectiveness, fairness and sustainability of each approach in resolving land conflicts. Method. The research method used is a case study approach. Case studies were conducted on several cases of land dispute resolution in various regions in Indonesia involving the use of customary law and positive law.   Results. The results show that the use of customary law in land dispute resolution often provides solutions that are more in line with local needs and traditional values of the community. However, positive law also has an important role in providing legal certainty and protection of individual rights. Conclusion. Based on the results of the comparative analysis, it is concluded that both approaches have their own advantages and disadvantages. Therefore, the integration between customary law and positive law can be a more optimal solution in resolving land disputes in Indonesia, by taking into account the local context and individual rights in a balanced manner.  
Akibat Hukum Terhadap Pembatalan Akta Perjanjian Pengikatan Jual Beli (PPJB) Tanah di Kota Makassar (Studi Kasus Kantor Notaris Kota Makassar) Sumarna, M. Ibnu
Maleo Law Journal Vol. 6 No. 1 (2022): April 2022
Publisher : Fakultas Hukum Universitas Muhammadiyah Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56338/mlj.v6i1.2360

Abstract

The sale and purchase binding agreement may be canceled unilaterally by one party or upon the agreement of both parties, but the cancellation of an authentically made deed of agreement will certainly bring certain juridical consequences. This study aims to examine and analyze the legal consequences of the cancellation of the Land Purchase Agreement (PPJB) in Makassar and the factors that influence the cancellation of the land sale and purchase agreement deed in the city of Makassar. This type of research is Empirical Law research. The data used are primary data, namely data directly obtained from field research (interviews) and questionnaires (questionnaires) and secondary data obtained through scientific journals, scientific articles with the aim of completing primary data. Then it was analyzed qualitatively using the theory of legal certainty as an analyst knife and presented descriptively. The results of the study indicate that: The legal consequences of canceling the binding agreement on the sale and purchase of land are fines in the form of refunds by the seller to the buyer, because the seller does not fulfill his pre-determined obligations. Factors that affect the cancellation of the sale and purchase binding deed are the obligation to pay the seller's and buyer's taxes, and the mutually agreed sale and purchase price cannot be repaid until the agreed time period.
Government Effectiveness Towards Community Organizers From The View of Governance Akram, Khairil; Sumarna, M. Ibnu; Zulfikar, Muh. Reza
Golden Ratio of Data in Summary Vol. 5 No. 2 (2025): February - April
Publisher : Manunggal Halim Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52970/grdis.v5i2.860

Abstract

This study was conducted due to the demands of the community for fast, precise, and efficient implementation of public services. The government innovates by implementing an e-government system, or electronic-based public services. This research uses a qualitative approach and concentrates on the effectiveness of state administrative law on online public services. This research shows that the effects of the e-government program are close to efficient, as shown by the number of people who have been able to use e-government services. However, not all Indonesians can use these services, as shown by the large number of people in areas where people are still poor and technology illiterate, and there are still many areas that do not have e-government services.
Co-Authors Akram, Khairil andrew shandy utama, andrew shandy Judijanto, Loso Sahib, Abdul Zulfikar, Muh. Reza