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Optimization of Consensus Deliberation in the Settlement of Village Assets in the Form of Land Disputes Based on Justice Fadhalia, Nyata Nabela; Jamin, Mohammad; Jaelani, Abdul Kadir
Devotion : Journal of Research and Community Service Vol. 6 No. 4 (2025): Devotion: Journal of Community Research
Publisher : Green Publisher Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59188/devotion.v6i4.25452

Critical for rural development, village land assets often trigger disputes due to ambiguous boundaries and competing claims. Despite legal frameworks like Permendagri No. 1/2016 and Book C of the Village, consensus-based deliberation (musyawarah) frequently fails, necessitating court intervention. This study investigates the causes of unsuccessful non-litigation resolutions and formulates justice-based optimization strategies for deliberation in Larikrejo Village, Central Java. Using interviews and observations, empirical legal research with qualitative analysis was conducted to examine socio-legal dynamics between the Village Government and communities. Disputes stem from historical boundary ambiguities and power asymmetries, with mediation failing due to entrenched distrust. Courts provided binding solutions, but hybrid models (deliberation + litigation) are proposed to enhance fairness and efficiency. The study advocates for institutional training in mediation (BPD), legal empowerment for villagers, and cross-regional comparisons to refine hybrid dispute resolution, balancing local traditions with legal enforcement.

Legal Justice and Legal Accountability in Multi-Clause Franchise Disputes (Case Study: Saimen Sarolangun) Theodore P.Z.M.G.Sibarani; Mohammad Jamin
Journal of Law, Politic and Humanities Vol. 6 No. 1 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v6i1.2469

Currently, the business world is rapidly growing, as evidenced by the increasing application of business development through franchise systems widely adopted by entrepreneurs in Indonesia. The economic development of society in this technological era has certainly undergone various changes, resulting in business relations becoming more accessible to everyone. Therefore, adequate legal protection is needed to minimize potential problems that may arise, aiming to ensure justice and legal certainty within society. This means that the development of the business world must be accompanied by strong and sufficient legal protection to support potential legal issues in the future. In other words, regulations that provide legal justice and effective dispute resolution methods are required, which will particularly impact the parties involved, especially those who suffer losses, along with clear legal accountability so that violators can be held responsible for their actions. This research is normative legal research with a conceptual approach, and the data collection techniques used include literature study and a case study on decision No. 25/Pdt.G/2022/PN Srl. The findings show that dispute resolution in the case was carried out through litigation efforts, proving that the defendant committed a breach of contract in a franchise agreement that had already been notarized. This indicates that the franchise agreement was drafted by the parties into a legal document with strong evidentiary value. The document clearly establishes the legal relationship between the parties regarding their rights and obligations, created to ensure legal justice and to prevent future disputes. Furthermore, legal accountability was addressed in the judgment’s ruling, which was considered sufficient to cover all losses suffered by the plaintiff.

Legal Protection of Pilgrims on Health Istithaah Standards in Indonesia Arsita Rasmi; Mohammad Jamin
International Journal of Law, Crime and Justice Vol. 1 No. 2 (2024): June : International Journal of Law, Crime and Justice
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijlcj.v1i3.133

Hajj pilgrims are obliged to carry out their worship in accordance with the provisions of Islamic law, for this reason it is necessary to carry out health checks and health guidance for Hajj pilgrims in the concept of regulating Hajj health istithaah, namely Minister of Health Regulation Number 15 of 2016. Learn from the implementation of the Hajj in 2023 where the death rate for Hajj pilgrims is high , the government is drafting new regulations strengthening standards for determining Hajj health istithaah. This research is normative legal research and is descriptive analytical in nature. The results of the research show that this new regulation does not fulfill the aspect of legal protection for Hajj pilgrims because some of the Hajj pilgrims who are determined to not meet the Hajj health istithaah requirements while not having enough time to improve their health conditions in order to achieve istithaah. Specific and intensive health guidance is needed to prepare the Hajj pilgrims' health istithaah.

Legal Justice and Legal Accountability in Multi-Clause Franchise Disputes (Case Study: Saimen Sarolangun) Theodore P.Z.M.G.Sibarani; Mohammad Jamin
Journal of Law, Politic and Humanities Vol. 6 No. 1 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v6i1.2469

Currently, the business world is rapidly growing, as evidenced by the increasing application of business development through franchise systems widely adopted by entrepreneurs in Indonesia. The economic development of society in this technological era has certainly undergone various changes, resulting in business relations becoming more accessible to everyone. Therefore, adequate legal protection is needed to minimize potential problems that may arise, aiming to ensure justice and legal certainty within society. This means that the development of the business world must be accompanied by strong and sufficient legal protection to support potential legal issues in the future. In other words, regulations that provide legal justice and effective dispute resolution methods are required, which will particularly impact the parties involved, especially those who suffer losses, along with clear legal accountability so that violators can be held responsible for their actions. This research is normative legal research with a conceptual approach, and the data collection techniques used include literature study and a case study on decision No. 25/Pdt.G/2022/PN Srl. The findings show that dispute resolution in the case was carried out through litigation efforts, proving that the defendant committed a breach of contract in a franchise agreement that had already been notarized. This indicates that the franchise agreement was drafted by the parties into a legal document with strong evidentiary value. The document clearly establishes the legal relationship between the parties regarding their rights and obligations, created to ensure legal justice and to prevent future disputes. Furthermore, legal accountability was addressed in the judgment’s ruling, which was considered sufficient to cover all losses suffered by the plaintiff.

Legal Analysis of Unlicensed Sand Mining Business Activities on Inherited Land Noer Azizah, Afellia Danty; Jamin, Mohammad; Maharani, Andina Elok Puri
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 7 No. 2 (2025)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v7i2.8377

This study aims to analyze the aspects of law and its impact on the environment, specifically in relation to the activity of mining sand that is conducted above land without official permission. Problems mainly occur in the study. This is how arrangement law affects activity mining, excavation in the ground, and the unexplored legacy , all of which require permission. This also impacts the environment created by the activity, as stated. Research this use method using a qualitative descriptive approach, incorporating interviews, field observations, and studies of literature, regulations, legislation, and related legal sources. Research results indicate that activity mining sand without permission contravenes Article 3 of Law Number 4 of 2009 concerning Mineral and Coal Mining, as every activity mining must obtain official permission in the form of an IUP or IPR. Activities categorized as illegal mining can result in charges of both administrative and criminal sanctions. From an environmental perspective, activities such as mining without permission cause various damages, including erosion, soil landslides, water pollution, damage to infrastructure and roads, and disturbance to the ecosystem of flora and fauna. Research confirms the importance of improving awareness of the law, community, and government supervision so that mining activities are conducted in accordance with the principles of sustainability and environmental protection, ensuring a healthy environment.

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