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KONFLIK AGRARIA YANG TAK PERNAH REDA Zakie, Mukmin
Legality : Jurnal Ilmiah Hukum Vol 24, No 1 (2016): Maret
Publisher : Faculty of Law, University of Muhammadiyah Malang

The ideal goal to be achieved by this country when it declared Law Number 5 of 1960 on the Basic Regulation of Agrarian is the prosperity of society, especially farmers and there is no more conflict. Conflicts before the law is one of them for their legal dualism governing agrarian question. Unification law which regulates the keagrarian expected to answer and give a solution to the conflict over the years. It turns out that the opposite is true, more and more regulations issued with respect to agrarian, it further adds new problems. Changes in the pattern and kareteristik conflict evolves with people's lives, mindset and outlook changed to agrarian particularly land, requires also look for a pattern resolution of the conflict. This paper attempts to it.

KONFLIK AGRARIA YANG TAK PERNAH REDA Mukmin Zakie
Legality : Jurnal Ilmiah Hukum Vol. 24 No. 1 (2016): Maret
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar

The ideal goal to be achieved by this country when it declared Law Number 5 of 1960 on the Basic Regulation of Agrarian is the prosperity of society, especially farmers and there is no more conflict. Conflicts before the law is one of them for their legal dualism governing agrarian question. Unification law which regulates the keagrarian expected to answer and give a solution to the conflict over the years. It turns out that the opposite is true, more and more regulations issued with respect to agrarian, it further adds new problems. Changes in the pattern and kareteristik conflict evolves with people's lives, mindset and outlook changed to agrarian particularly land, requires also look for a pattern resolution of the conflict. This paper attempts to it.

Problematika Pengelolaan Tanah Wakaf: Konsep Klasik dan Keterbatasan Inovasi Pemanfaatannya di Indonesia Agus Triyanta; Mukmin Zakie
Jurnal Hukum IUS QUIA IUSTUM Vol. 21 No. 4: Oktober 2014
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol21.iss4.art4

This study raises the issue on; first, how is the classic concept of waqaf land and the use of waqaf land in Islamic law or muamalah jurisprudence? Secondly, how is the utilization of donated land and its contribution to the welfare of the people in Indonesia? This is a normative study combined with field research. The data were collected through literatures, documentation studies, observations, and guided interviews. The study concluded; first, institution or charitable institutions have a role in the history and civilization of Muslims. Various institutions have functioned to serve as a dissemination of science and culture, and provide spaces for scholars, jurists and humanists to develop their knowledge and skills. Secondly, the use of donated land in Indonesia is dominated for the purposes of a place of worship, school infrastructure, other social endowments, land burial and educational boarding schools.

Perlindungan Hukum Terhadap Buruh Perempuan Pada Malam Hari mukmin zakie
Jurnal Hukum IUS QUIA IUSTUM Vol. 13 No. 1: Januari 2006
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol13.iss9

Both Act No. 13 on the year of 2003 and the Ministery Degree No. 244 on the Year 2003 have already regulated the protection of female workers in the night. Act No. 13 on the Year 2003 emphasizes sanction ifthere Is infrigements.

Kaitan Kuasa Pertambangan dengan Hak-Hak Atas Tanah dalam Undang-Undang Pokok Agraria mukmin zakie
Jurnal Hukum IUS QUIA IUSTUM Vol. 7 No. 13: April 2000
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol7.iss13.art5

This paper tries to emerge the phenomena of Mining Authority and Land Right in the Basic Principle of Agrarian Law. Argumentatively the Act of Mining No. 11, 1967 does not show any relationship to the considerance of the Principal Act of Agrarian (UUPA). its existence(UUPA) is not expiicitiy stated in the Body Frame, and is mentioned unclearly on Article 2 letter b of the Basic Principle of Agrarian Law (UUPA). The Article states that land rights are rights on the land area located in certain part of the earth based on the IndonesianLaw. This perception seems dear when the Indonesian Law is indefinitely elaborated. However, if it is traced, there is a close relationship between The Basic Principal of MiningAct and the Basic Principle of Agrarian Law.

Konsepsi Hak Menguasai Oleh Negara Atas Sumberdaya Agraria mukmin zakie
Jurnal Hukum IUS QUIA IUSTUM Vol. 12 No. 29: Mei 2005
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol12.iss29.art9

The ideal aspiration which exists in the Authority Rights of a State conception is to place the State as a party who has the authority to regulate the use of the State property to the welfare of the society. The Aspiration requires a neutral State which is free from the interest of others, except the interest of social welfare. However, In the reality, State is not neutral from intervention of individual Interest or a group of people Interest on behalf of the public interest. Thus, the promise of the State to grant welfare to the society is merelyn on the normative level.

Pengadaan Tanah Untuk Kepentingan Umum (Perbandingan antara Malaysia dan Indonesia) mukmin zakie
Jurnal Hukum IUS QUIA IUSTUM Vol. 18 (2011): Edisi Khusus Vol. 18 Oktober 2011
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Land is a basic capital for human’s life. As a basic capital, land has two functions: productive function and non-productive function. The needs of land use often clashed with each other since the amount of land is limited, in other side population grows rapidly. For the sake of development, every state in the world needs land. The development is related to land and needs land. During the practice of development, the program might clashed with the land which right already attributed or the land has already been possessed by person or legal entity. As the strategy to obtain that land, government uses the term of public interest. This research is a comparative research between Indonesia and Malaysia in providing land for public interest. The problem in this research is how the regulation take over the land and the concept of public interest in Indonesia and Malaysia.The result of the research shows that there is deviation of the meaning of public interest in both state which generates different perception in society related to land providing. Even so, land providing for public interest has already expressed into legislation in both states.

Tarik Ulur Kewenangan Pusat dan Daerah dalam Penataan Ruang Proyek Strategis Nasional Mukmin Zakie
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 1 No. 3 SEPTEMBER 2023
Publisher : Fakultas Hukum Universitas Islam Indonesia

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The National Strategic Project or better known as the PSN is a policy program that was born during the reign of President Joko Widodo. This program is highly prioritized because it is claimed to be able to help improve welfare and equitable development in various regions in Indonesia. The issue raised in this case is how the tug-of-war of central and regional authority in the spatial planning of the national strategic project (PSN). This research is normative legal research with statutory and conceptual approaches. The results of the research show that regions that have authority in the field of spatial planning according to the Regional Government Law and the Spatial Planning Law lose their authority in terms of controlling spatial use. In addition, there are potential conflicts, both conflicts between government agencies and conflicts with the community (land owners or communities affected by PSN development).

Analisis Yuridis Perlindungan Hukum Terkait Jumlah Jam Kerja Bagi Remote Workers Di Indonesia Intan Azzahra Nur Salsabila; Raudha Maghfirolaita Wahyudi; Ayunita Rohanawati; Mukmin Zakie
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 2 No. 4 JULI 2024
Publisher : Fakultas Hukum Universitas Islam Indonesia

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The aim of this research is to discuss the protection of the rights of remote workers in Indonesia. Legal protection for remote workers includes work agreements, wages, leave, working hours, protection regarding the right to wages, obtaining social security for employment, the right to occupational safety and health, and the right to organize or associate. There are two issues raised in this research, namely what regulations relate to worker protection for remote workers and what forms of protection relate to the number of working hours for remote workers. The research method chosen is juridical-normative legal research which uses a statutory approach and a comparative approach. The data used is secondary data by collecting primary legal materials and secondary legal materials. The results of this research show that there are still no regulations governing remote work so that legal protection for remote workers cannot be met.

Kedudukan Tanah Kas Desa Setelah Berlakunya Peraturan Gubernur Istimewa Yogyakarta Nomor 34 Tahun 2017 tentang Pemanfaatan Tanah Desa (Studi di Kelurahan Argomulyo, Kapanewon Cangkringan, Kabupaten Sleman) Amanda Nurdiana Puspitasari; Mukmin Zakie
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 2 No. 6 NOVEMBER 2024
Publisher : Fakultas Hukum Universitas Islam Indonesia

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This research is motivated by the legal dualism that applies in the Special Region of Yogyakarta regarding village treasury land, namely national land law and special regulations. The aim of this research is to determine the position of village treasury land in Argomulyo Village. Kapanewon Cangkringan, Sleman Regency after the enactment of Regulation of the Governor of the Special Region of Yogyakarta Number 34 of 2017 concerning Village Land Utilization and the process of adjusting the certificate of use rights on land belonging to the Sultanate. This research uses empirical research methods, namely research that looks at law in real terms and how the law works. The approach method used is the historical juridical approach. The results of this research are that the position of village treasury land in Argomulyo Village, Kapanewon Cangkringan, Sleman Regency after the enactment of Yogyakarta Special Region Governor Regulation Number 34 of 2017 is still on state land based on the provisions of national land law. This is because the position of village treasury land has not yet been restored as land belonging to the Sultanate in accordance with its origins, so this regulation has not been implemented in its entirety. The process of adjusting the position is carried out by adjusting the certificate of use rights to be on land belonging to the Sultanate based on the verification report which states that the land object is the right of the anggaduh by affixing a note in the certificate recording column.

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