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All Journal JURNAL MAGISTER HUKUM UDAYANA Al-Risalah : Jurnal Imu Syariah dan Hukum Jurnal Dinamika Hukum Sriwijaya Law Review Sociological Jurisprudence Journal Jurnal Rechts Vinding : Media Pembinaan Hukum Nasional Jurnal Ketenagakerjaan Veteran Society : Jurnal Pengabdian Masyarakat Yuridika Jurnal Dedikasi Hukum Cerdika: Jurnal Ilmiah Indonesia Innovative: Journal Of Social Science Research Lex Scientia Law Review
Sri Winarsi
Faculty Of Law, Universitas Airlangga
Religion Humanities Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Health Professions Law, Crime, Criminology & Criminal Justice Public Health Social Sciences Other

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Journal : yuridika

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Implementation of The Law Principles of Good Corporate Governance in Indonesian Village-Owned Enterprise (BUMDes) Sri Winarsi; Oemar Moechthar
Yuridika Vol. 35 No. 3 (2020): Volume 35 No 3 September 2020
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (296.518 KB) | DOI: 10.20473/ydk.v35i3.21637

Abstract

Based on Law No. 6/2014 concerning Village in Indonesia, in order to increase the utilization of all economic potentials, economic institutions, as well as natural resources and human resources in an effort to improve welfare of the village communities, the village government can form village-owned enterprise (BUMDes). In its practice, implementation of the BUMDes management in several regions is not fully optimized, so that many cases of corruption were found. Thus, good governance practices are needed for optimizing the management of BUMDes to improve the livelihoods of the village. The methods used in this research is statute approach, conceptual approach, and case approach. The conclusions obtained in this research are directed to contribute to the concepts of strengthening the national law related to the management of BUMDes. Hopefully, it can strengthen the village's economy and reduce the level of corruption in Indonesia that is detrimental for the village.
The Steep Road of Land Law Dualism in Indonesia: Living Law VS Positive Law Saharuddin; Sri Winarsi; Suardi Rais; Muhammad Ilham Arisaputra
Yuridika Vol. 41 No. 2 (2026): Volume 41 No 2, May 2026
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/ydk.v41i2.79552

Abstract

This research analyzes and formulates solutions to the problem of land law dualism in Indonesia which is characterized by the conflict between customary law (living law) and positive law (positive law). This dualism has created tensions between the recognition of indigenous peoples' rights to land and the state's authority to regulate the control and use of land, resulting in legal uncertainty, overlapping arrangements, and protracted agrarian conflicts. This research uses normative legal research methods with a focus on literature studies, examining primary legal materials such as the 1960 Basic Agrarian Law, the 1945 Constitution, and land-related regulations; secondary legal materials in the form of scientific literature, legal journals, research results, and the views of experts; and tertiary legal materials in the form of legal dictionaries, encyclopedias, and other supporting references. The approaches used include a historical approach to trace the roots of land law dualism since the colonial era, a conceptual approach to examine the theory of customary law and positive law, a legislative approach to analyze applicable legal norms, and a case approach through the study of land practices in Gorontalo, the Special Region of Yogyakarta, and Papua. The results of the study show the need for the integration of customary law into the national land law system through strengthening the position of customary law as a legitimate source of land law, the establishment of laws on indigenous peoples, and the preparation of regional regulations in areas that still have indigenous communities. This effort is expected to end the dualism of land law and create legal certainty that is in line with local values.
Co-Authors Agus Sekarmadji Agus Widyantoro Arjuna, Gio Awayakuane, Revolino Robarto Bagus Hermanto Bagus Oktafian Abrianto Dony Orlando Nasution Emanuel Sujatmoko Erna Setijaningrum Fahmi, H. Sudi Faizal Kurniawan Giza'a Jati Pamoro Giza’a Jati Pamoro I Gusti Ayu Kartika I Gusti Ayu Putri Kartika I Ketut Rai Setiabudhi Indrawati Indria Wahyuni Lanny Ramli Marta Christina Marpaung Muhammad Ilham Arisaputra Nady Kinanti Purwanto Nasution, Dony Orlando Nugraha, Xavier Oemar Mochtar Oemar Mochthar Oemar Moechthar Prawitra Thalib Putri, Dita Elvia Kusuma Radian Salman Rosa Ristawati Rubén Martínez Dalmau Saharuddin Saharuddin Sri Hajati Sri Hajati Suardi Rais Sutinah Tatiek Sri Djatmiati Urip Santoso Wibisono, Angelica Milano Aryani Wilda Prihatiningtyas