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The Role of Leaders and Community Empowerment in Village Autonomy Rohman, Mujibur; Dwi Istinah, siti Rodhiyah; Widayati, Widayati
Law Development Journal Vol 3, No 4 (2021): December 2021
Publisher : Universitas Islam Sultan Agung

The research aims to examine (1) What are the duties and authorities of village leaders. (2) How is the implementation of the duties and authorities in community empowerment, and (3) How are the obstacles and implementation solutions in Jetak Village, Wedung District, Demak Regency according to Act No. 6 of 2014. The writing method uses Sociological Juridical qualitatively described as an empirical social phenomenon. The results of the study show (1) that the duties and authorities of village leaders can encourage the realization of village autonomy. (2) Implementation of the duties and authorities of the village head in community empowerment with the management of the Village Owned Enterprise (BUM Des) Jetak Sejahtera with community involvement. (3) Barriers: the courage of village leaders is still lacking, income is not maximized, limited human resources, and community participation that is still lacking awareness. Based on the research, it was concluded that business management training is needed, Cooperating in the management of BUM Des. Prosperous, increasing human resources, increasing community participation in order to implement the principle of transparency in all matters. Community empowerment is a major prerequisite to bring the community towards a dynamic economic, social and ecological sustainability.

Executorial Power of State Administrative Court Decisions Associated with General Principles of Good Government Setiawan, Deni; Dwi Istinah, Siti Rodhiyah
Jurnal Daulat Hukum Vol 6, No 3 (2023): September 2023
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v6i3.32081

The purpose of this research is to find out and analyze the executorial mechanism of the State Administrative Court's decisions, to know and analyze the executive power of the State Administrative Court's Decisions associated with the General Principles of Good Governance and to find out and analyze sanctions against Administrative Officials/Bodies. State Enterprises that do not implement the decisions of the State Administrative Court. This study uses a normative juridical method with the approach used is a statute approach and a conceptual approach based on descriptive analytical research specifications. In this context it is necessary to study the executorial power of court decisions and other reasons that may be the cause of the success and failure of the implementation of decisions so that it can be seen that apart from executorial power there are other conditions that are responsible for all the successes and failures in resolving disputes at the State Administrative Court. All of this boils down to the morality of the officials concerned and laws and regulations that do not explicitly regulate the implementation of punishments/sanctions from the state administrative court (PTUN). Officials who do not carry out the obligations ordered in the decision of the State Administrative Court which has permanent legal force (inkracht van gewijsde), will be subject to moderate administrative sanctions which include: a) payment of forced money and/or compensation; b) temporary dismissal by obtaining office rights; or c) temporary dismissal without obtaining office rights.

Settlement of Inherited Land Disputes Due to Transfer of Rights on the Basis of Sale and Purchase Marliah, Yeyen; Dwi Istinah, Siti Rodhiyah
Jurnal Konstatering Vol 1, No 4 (2022): October 2022
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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This study aims to analyze: 1) Legal protection for heirs in disputes over the sale and purchase of inherited land sold by adopted children without the consent of the heirs intestasto. 2).Â Â Â Â Â Â Â Â Â Â Â Â Â The judge's considerations in determining the decision to settle inherited land disputes as a result of the transfer of rights on the basis of sale and purchase in decision number: 01/Pdt.G/2013/PN.TGL. The approach method used in this research is a normative juridical approach. The specification of the research used is descriptive analytical research. Type of data using secondary data. The data analysis method used in this research is descriptive qualitative analysis. The results of the study concluded: 1) Legal protection for heirs in disputes over the sale and purchase of inherited land sold by adopted children without the approval of intestasto heirs, namely that can be realized through complaints to the National Land Agency (BPN) and by filing lawsuits in court. If it is proven that there is an element of forgery and an element against the law, the judge will cancel the sale and purchase. The cancellation of the deed of sale and purchase is a form of repressive protection given to the heirs of inherited land that is sold without the consent of the heirs intestasto. 2) The judge's considerations in determining the decision to settle an inherited land dispute as a result of the transfer of rights on the basis of sale and purchase in the decision number: 01/Pdt.G/2013/PN.TGL, namely the basis for the judge's consideration has fulfilled justice for the land owner because the intestasto heirs have property rights of the land and the heirs may not be harmed. The deed of sale and purchase of the object of the dispute is proven to have violated a person's subjective rights as well as decency, as stipulated in Article 1365 of the Civil Code, and therefore the Defendants here have committed an unlawful act.Keywords: Buy; Dispute; Inheritance.

Juridical Study of Agreements Between Developers and Home Buyers in Failed to Build Issues Yuliani, Nur Amanah; Dwi Istinah, Siti Rodhiyah
Jurnal Konstatering Vol 1, No 1 (2022): January 2022
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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The purpose of this study is to analyze: 1). Implementation of the agreement between the developer and the buyer of the house in the problem of failing to build in Pemalang City at this time. 2). Implementation of the agreement between the developer and the buyer of the house in the case of failing to build in Pemalang City, which should be. The approach method in this research is a normative juridical approach using a statutory approach and a conceptual approach. The secondary data used were obtained through literature study, data analysis was carried out using descriptive analytic. The results of the study concluded: 1). The problem of failure to build usually only arises when the object in the house sale and purchase agreement has been handed over, but it turns out that the quality is not as expected by the consumer or the environment where the house that is the object of the agreement is built is not in accordance with the agreement. This is actually something that needs to be looked at together both by the developer himself as a seller and by the consumer as a buyer. In addition, failure to wake up late is known when the handover of the house is carried out during the dry season and consumers only find out that there will be defects in the building during the rainy season. Even though the warranty period from the developer has expired. This problem is experienced by consumers from CV. Bima Abadi then filed a complaint to the developer about the problem. In the end, the matter was resolved amicably. The parties agree that the developer will bear the cost of destroying the building in half and the rest will be borne by the consumer. 2). The implementation of the agreement should be based on contractual liability (responsibility based on the agreement) as regulated in article 134 of Act No. 1 of 2011 concerning Housing and Settlement Areas which states that "Everyone is prohibited from carrying out housing construction, which does not build housing in accordance with the criteria as specifications, requirements, infrastructure, facilities, and public utilities that have been agreed. It is clear in Act No. 1 of 2011 concerning Housing and Settlement Areas in article 134, to provide protection for housing consumers for an agreement made with business actors, in this case housing developers.

The Constitutionality of the Proposal to Extend the Term of Office of Village Heads in the Principles of Democracy Mubarok, Muhammad; Dwi Istinah, Siti Rodhiyah
Jurnal Hukum Khaira Ummah Vol 20, No 4 (2025): December 2025
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v20i4.51032

Abstract. The extension of the village head’s term of office emerged following numerous demonstrations by village heads. Article 39 of the Village Law stipulates that the Village Head holds office for six years from the date of inauguration. A Village Head may serve a maximum of three consecutive or non-consecutive terms. However, the Village Head rejected this provision and requested that Article 39 of the Village Law be revised, allowing the village head’s term of office to be extended from six years to nine years. This is despite Constitutional Court Decision No. 42/PUU-XIX/2021 providing a constitutional interpretation of the term limit for Village Heads. This study aims to address the constitutionality of the Village Head’s term limit following the Constitutional Court Decision and its impact on village law and governance. This research utilizes both a legislative and conceptual approach. The research findings indicate that the limitation on the term of office of Village Heads in Constitutional Court Decision No. 42/PUU-XIX/2021 was implemented based on democratic principles and the spirit of the limitations required by the 1945 Constitution, modeled on the positions of President and Regional Heads. Furthermore, the urgency of extending this term of office is based on the need to increase productivity, complete village development, and reduce post-election polarization. However, negative implications such as the potential for authoritarianism, abuse of power, and stagnation in leadership regeneration make this proposal controversial. Furthermore, excessively long term extensions can lead to political saturation and reduced community participation in village democracy.

Normative Analysis of The Prohibition on The Sale and Purchase of Ownership Certificates in Kampung Tua, Batam City by The Batam City Government and The Batam City National Land Agency Nur Sidhi, Mas Imam; Riyanto, Taufan Fajar; Dwi Istinah, Siti Rodhiyah
TABELLIUS: Journal of Law Vol 4, No 1 (2026): March 2026
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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This thesis research aims to analyze in detailsocialThe prohibition on the sale and purchase of Land Ownership Certificates (SHM) in the Kampung Tua area of Batam City, as stipulated in Batam Mayor Regulation Number 2 of 2024 and its implementation by the National Land Agency (BPN) of Batam City. This study uses a juridical research method.socialve with a statute approach, a conceptual approach, and a case/policy approach. The legal sources used include primary legal materials in the form of the Basic Agrarian Law, Batam Mayor Regulation Number 2 of 2024, and related land regulations; secondary legal materials in the form of books, scientific journals, and previous research results; and tertiary legal materials such as legal dictionaries and encyclopedias. The legal material collection technique is carried out through literature studies and document studies, while the analysis is carried out qualitatively by interpreting legal norms, examining the hierarchy of laws and regulations, and assessing the suitability of policies with the principles of land law such as legal certainty, justice, benefit, and protection of rights. The results of the study indicate that in generalsocialThe validity of the policy prohibiting the sale and purchase of SHM in Kampung Tua still raises legal issues because it has the potential for disharmony with the provisions of the Basic Agrarian Law (UUPA), which guarantees property rights as the strongest and most complete transferable rights. The implementation of the ban by the Batam National Land Agency (BPN) has legal consequences in the form of restrictions on the transfer of rights and delays in land services, as well as impacting aspectssocial issues such as declining legal certainty, the economic value of land, and the potential for community conflict. However, this policy also aims to protect the sustainability of Kampung Tua, necessitating synchronized regulations and equitable policy formulation.

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