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Forest Resources Access Moro-Moro Farmers at Register 45 Lampung FX Sumarja; Muhammad Akib
Fiat Justisia: Jurnal Ilmu Hukum Vol 12 No 1 (2018)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v12no1.980

Abstract

The main problem of farmers in Indonesia today is the limited availability of agricultural land. The government gives farmers hope for the availability of agricultural land, through various accesses of forest resources. One of them through a partnership with forest managers. This study will examine the model of forest resource access arrangements and their implementation in Register 45 Sungai Buaya Lampung by Moro-Moro farmers. This study uses a socio-legal approach. This approach combines the study of doctrinal law with social studies. Data required primary data and secondary data. So the analysis is not only based on normative rules but also pay attention to social context.This research shows that forest resource access management model registers 45 Lampung to Moro-Moro farmers is a partnership model. Partnerships offered by forest managers have not provided welfare security to farmers. Forest managers have unilaterally determined types of crops and production sharing balances. The partnership process closes dialogue with farmers. The implementation of this partnership has not been implemented, as most Moro-Moro farmers reject the partnership model offered by forest managers.Keywords: Forest Resources Access, Farmers, Moro-Moro.
WEWENANG KELEMBAGAAN PENGELOLAAN LINGKUNGAN HIDUP DI ERA OTONOMI DAERAH Muhammad Akib
Jurnal Media Hukum Vol 19, No 2 (2012)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.v19i2.103

Abstract

The aims of this study are to assess the regulation regarding institutional authority of local environmental management agencies and discover the strong regulation model and reflect the principles of local autonomy and ecological sustainability. The research used doctrinal legal research method by using primary legal materials and secondary legal materials and analyzed in a prescriptive-analysis. The research discover that the regulations regarding local environment management agencies are weak, due to uncertainty and lack of local authority, different nomenclature, and the absence of clear regulation on inter-institutional relations procedure. The future regulation model, the local environmental management agencies should have a broad authority, covering planning, implementation, monitoring and enforcement aspects. Duties and functions must integrate coordination and operational functions, and there is a clear relationship system encompassing both inter-institutional and inter-regional center.Key word: authority, institutional, local autonomy
The Importance Of Whistleblower Protection In The Environmental Sector Riza Amalia; FX Sumarja; Muhammad Akib; Ria Wierma Putri
Journal Of Global Research Publications Vol. 1 No. 1 (2024): JGRP - January
Publisher : PT. Padang Tekno Corp

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59435/jgrp.v1i1.2024.6

Abstract

Whistleblower protection in the context of the environmental and Natural Resources sector is a key element in efforts to prevent corruption and sustainable management. This sector has a direct impact on human lives and societal well-being, and therefore, maintaining its integrity is essential. This research outlines the importance of whistleblower protection in the environmental and natural resources sectors. The method used in this research is normative with a doctrinal approach. Protection of whistleblowers has an important role in maintaining transparency and accountability in the environmental and natural resources sectors. Through the protection provided to whistleblowers, corrupt practices can be exposed and accountability can be realized. However, challenges and limitations still exist, and concerted efforts are needed to improve the implementation and effectiveness of these laws. With continued efforts, whistleblower protection laws can become a powerful tool in promoting transparency and accountability in the environmental and natural resources sectors.
Curbing Elitist Populism in Indonesia's Lawmaking: A Constitutional Law Perspective Zulkarnain Ridlwan; Budiyono Budiyono; Muhammad Akib; F.X. Sumarja; Ahmad Irzal Fardiansyah
Lex Scientia Law Review Vol. 9 No. 2 (2025): November, 2025: Law, Policy, and Governance in Contemporary Socio-Economic Tran
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lslr.v9i2.27909

Abstract

This research addresses the deficiencies in the scholarly exploration of constitutional law in relation to elitist populism within the legislative framework of Indonesia. The article examines the tendency of elitist populism in Indonesian legislative practice and advocates the idea of curbing it by constitutional law. Elitist populism, in the context of this article, refers to a political approach in which leaders claim to represent the common people, while simultaneously engaging in elitist practices. This study uses a normative juridical research method using statutory and conceptual approaches, and analyzes controversial cases with significant legislation impact. The research findings show that elitist populism in legislative practice is manifested in rapid legislation, and the consolidation of power that minimizes participation fails to reflect public aspirations. To limit these tendencies, constitutional law arrangements in institutional design, supervisory mechanisms, as well as spaces for public participation and awareness, need to be stronger. Therefore, it is recommended to strengthen the institutional rules of the constitutional court, revitalize the supervisory function of the house of representatives, encourage lawmaker’s consistency in the application of meaningful participation, and build public awareness.
Building Digital Justice: Reinterpreting Ḥifẓ al-ʿIrḍ in Personal Data Protection and Legal Aid for Data Breach Victims in Indonesia Ika Pusparini Anindita Jayasinga; Agus Triono; Muhammad Akib; Elfa Murdiana; Muhimmatul Mukaromah
Justicia Islamica Vol 23 No 2 (2026)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v23i2.13432

Abstract

This article examines the systemic failure of personal data protection in Indonesia as an issue that goes beyond technical and regulatory shortcomings and touches the very core of human dignity. Although Law No. 27 of 2022 on Personal Data Protection has provided normative consolidation, the legal ecosystem underpinning it remains fragile: a non-independent supervisory body, structurally weak enforcement mechanisms, and systemic inequities in access to justice render data subjects' rights illusory. This article employs a normative-empirical method with three complementary approaches: the legal philosophy approach is used to deconstruct the paradigmatic assumptions underpinning the data protection regime and reconstruct it on the foundation of human dignity; the conceptual approach is used to redefine ʿirḍ from social reputation toward digital identity and data sovereignty; and the maqāṣid al-sharīa approach within Jasser Auda’s framework is used to assess the normative adequacy of the existing regime and to construct an argument that data protection must be classified as ḍarūriyyāt—a primary necessity—because its violation simultaneously threatens ḥifẓ al-nafs, ḥifẓ al-ʿaql, ḥifẓ al-māl, and ḥifẓ al-ʿirḍ. Based on these findings, this article proposes a Maqasid-Oriented Legal Aid (MOLA) model that operates across three dimensions: restorative, preventive-structural, and community-based accessibility. The main contribution of this article is the redefinition of data protection as an active and affirmative mandate of ḥifẓ al-ʿirḍ, while also offering a framework for legal aid that is normatively robust and institutionally realistic in the Indonesian context.
RECONCEPTUALIZING LEGAL PROTECTION FOR CUSTOMARY FORESTS: A MODEL FOR MITIGATING PALM OIL EXPANSION IN SOUTH KALIMANTAN Muhammad Topan; Muhammad Akib; Boualaphiane Sisouk; Yulia Audina Sukmawan
Cepalo Vol 10 No 1 (2026)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/cepalo.v10no1.4900

Abstract

This article reconceptualizes the legal protection of customary forests (customary forests) amid rapid palm oil expansion in South Kalimantan. The central issue is the legal vacuum and institutional fragmentation that hinder implementation of Constitutional Court Decision No. 35/PUU-X/2012, which redefined customary forests as non-state forests. The study examines the interaction between Law No. 41 of 1999 on Forestry and regulatory frameworks governing palm-oil-based energy projects that often overlook indigenous territorial rights. Using normative legal research with a socio-legal perspective, it analyzes national legislation, regional regulations, and cases involving tenure conflicts. The findings show that weak district-level recognition and the prioritization of biodiesel initiatives have pushed customary forests to a peripheral position in land governance. The article proposes an integrated protection model that treats customary forests as climate-critical commons and binding constraints in spatial planning and industrial licensing. The framework embeds co-governance and Free, Prior and Informed Consent to recognize indigenous communities as rights holders rather than victims of environmental harm, offering a subnational pathway for rights-based and environmentally just natural-resource governance.