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All Journal Yustisia Al-Ihkam: Jurnal Hukum dan Pranata Sosial Jurnal IUS (Kajian Hukum dan Keadilan) Sriwijaya Law Review Journal of Indonesian Legal Studies Hasanuddin Law Review Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada YUSTISI International Journal of Supply Chain Management Jurnal Analisis Hukum Yustisi: Jurnal Hukum dan Hukum Islam SABURAI INTERNASIONAL JOURNAL OF SOCIAL, SCIENCES, AND DEVELOPMENT (Saburai-IJSSD) International Journal of Educational Research and Social Sciences (IJERSC) JHCLS Journal of Law, Society, and Islamic Civilization Volksgeist: Jurnal Ilmu Hukum dan Konstitusi POLICY, LAW, NOTARY AND REGULATORY ISSUES (POLRI) Journal of Comprehensive Science Journal of Law, Poliitic and Humanities Al-Istinbath: Jurnal Hukum Islam Jurnal Hukum dan HAM Wara Sains Journal of Sustainable Development and Regulatory Issues MILRev: Metro Islamic Law Review Causa: Jurnal Hukum dan Kewarganegaraan Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Politika Progresif : Jurnal Hukum, Politik dan Humaniora Asian Journal of Social and Humanities Prosiding Seminar Nasional Ilmu Pendidikan Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora Terang: Jurnal Kajian Ilmu Sosial, Politik dan Hukum International Journal of Law, Crime and Justice Majelis: Jurnal Hukum Indonesia Greenation International Journal of Law and Social Sciences International Journal of Society and Law Jurnal Cendekia Ilmiah Siber International Journal of Advanced Law Pandecta : Jurnal Penelitian Ilmu Hukum (Research Law Journal) Prosiding Seminar Nasional Ilmu Manajemen Kewirausahaan dan Bisnis Prosiding Seminar Nasional Ilmu Hukum Jurnal Hukum, Administrasi Publik dan Negara Technology and Economics Law Journal Contrarius
Lego Karjoko
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Religion Arts Humanities Computer Science & IT Decision Sciences, Operations Research & Management Earth & Planetary Sciences Economics, Econometrics & Finance Education Electrical & Electronics Engineering Engineering Environmental Science Health Professions Industrial & Manufacturing Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Public Health Social Sciences Transportation Other

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Towards Inclusive Policy: Formal Recognition of Customary Law in the Determination of Village Boundaries Under the National Legal Framework in Indonesia Randy Vallentino Neonbeni; Lego Karjoko; Pujiono Suwadi
Prosiding Seminar Nasional Ilmu Hukum Vol. 2 No. 2 (2025): Desember : Prosiding Seminar Nasional Ilmu Hukum,
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/prosemnashuk.v2i2.72

Abstract

Inclusive policies are a must in governance, especially at the village level that deals directly with indigenous communities. Formal recognition of customary law in the determination of village boundaries under the national legal framework is crucial to create agrarian justice and legal certainty; Its relevance focuses on the importance of local wisdom accommodation and the structure of indigenous peoples as legal subjects entitled to their territories; The final goal of this study is to formulate a model of harmonization of positive law and customary law for the determination of participatory and equitable village boundaries; The main legal basis includes the 1945 Constitution Article 18B Paragraph (2) and Law (UU) Number 6 of 2014 concerning Villages; and Regulation of the Minister of Home Affairs Number 45 of 2016 concerning Guidelines for the Determination and Affirmation of Village Boundaries. This research uses a normative juridical method with a legislative and conceptual approach; The conflict resolution offered is through a consensus deliberation mechanism facilitated by the local government while still upholding the rights of indigenous peoples.  
Reform of the Land Registration System in Indonesia: A Max Weberian Rational-Legal Bureaucracy Approach Abdul Wahid; I Gusti Ayu Ketut Rachmi Handayani; Lego Karjoko
Pandecta Research Law Journal Vol. 20 No. 2 (2025): December, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/pandecta.v20i2.13666

Abstract

Social transformation and the increasing economic value of land in Indonesia have intensified the demand for legal certainty in land rights. Although Law Number 5 of 1960 introduced land registration to provide legal protection through certification, the prevailing negative publication system with positive elements remains problematic. It fails to ensure state responsibility for certificate accuracy, even when acquired in good faith, thus posing risks of legal uncertainty and agrarian conflict. This study analyzes the rationale for transitioning to a pure positive publication system using Max Weber’s rational-legal bureaucracy theory, emphasizing formal procedures, predictability, and administrative accountability. Employing normative legal research with conceptual, statutory, comparative, and historical approaches, this study draws from secondary legal materials analyzed through legal interpretation and the Weberian framework. The findings reveal that a positive publication system better aligns with Weberian principles and supports legal certainty. This reform is essential for enhancing land administration legitimacy and promoting inclusive, accountable agrarian governance in Indonesia.
Fairness Aspects Of Compensation Arrangements In The Acquisition Of Land For Development For The Public Interest Gusti Ayu Kade Harry Adhisukmawati, I; Gusti Ayu Ketut Rachmi Handayani, I; Karjoko, Lego
International Journal of Educational Research & Social Sciences Vol. 4 No. 1 (2023): February 2023
Publisher : CV. Inara in Colaboration with www.stie-sampit.ac.id

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51601/ijersc.v4i1.606

Abstract

The need for land for development for the public interest is increasingly urgent, while the supply of land is increasingly limited. The fairness and redress mechanisms in the land acquisition are often fraught with problems. This study aims to analyze the fairness aspects of the regulation and the mechanism for providing compensation in the acquisition of land for development for the public interest. This research is normative, and prescriptive, with a regulatory and conceptual approach. The results of the study found that a) the fairness aspect of land acquisition arrangements for the public interest can be seen from the guarantee of adequate compensations stipulated in Law Number 2 of 2012 concerning Land Acquisition for Development for Public Interest, Law Number 11 of 2020 concerning Job Creation, Indonesian Assessment Standard 204, and other laws and regulations that relating to land acquisition. And b) the mechanism for providing compensation is carried out after the assessment is by the Indonesian Assessment Standard 204, Law Number 11 of 2020 concerning Job Creation, deliberations, and validation activities are completed. The payment given can be in the form of money in Rupiah as agreed by the Land Acquisition Committee and the community, then it can be given through a bank account appointed by the Government.
Aspects of Ecological Justice in The Arrangement of Pelaba Pura Land in Bali Nyoman Satria Perwira, I; Gusti Ayu Ketut Rachmi Handayani, I; Karjoko, Lego
International Journal of Educational Research & Social Sciences Vol. 4 No. 1 (2023): February 2023
Publisher : CV. Inara in Colaboration with www.stie-sampit.ac.id

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51601/ijersc.v4i1.607

Abstract

Indigenous peoples in Bali arrange life in such a way as to create harmony, one of the things that are regulated is the Pelaba Pura land which is used for ceremonial and gardening places, but in its application there are still many conflicts between the village and the community itself due to positive laws that have not regulated much about the Pelaba Pura Land. The purpose of the study was to understand the land arrangement of Pelaba Pura and its expediency and whether it was based on ecological justice. The research carried out is doctrinal research with a statutory approach using primary materials and anconceptualcept approach. This research uses deductive and inter-achievement syllogism analysis techniques on various primary legal materials in the form of laws and regulations, including Law Number 5 of 1960 concerning Agrarian Principles, Law No.38 of 1963 concerning the Appointment of Legal Entities that have Land Rights, and Law no.32 of 2009 concerning Environmental Protection and Management. The results of the study found that the management of the Pelaba Pura land in Bali is still not in line with the Palemahan concept, namely between humans and nature because not paying attention to the environmwhileises the loss of the actual benefit of Pelaba Pura and the Temple Collector is not so good at carrying out its obligations to maintain the function of the Pelaba Pura Land.
Validity Of Assessment Policy On Land Acquisition For Development In The Public Interest Gusti Ayu Kade Harry Adhisukmawati, I; Gusti Ayu Ketut Rachmi Handayani, I; Karjoko, Lego
International Journal of Educational Research & Social Sciences Vol. 4 No. 2 (2023): April 2023
Publisher : CV. Inara in Colaboration with www.stie-sampit.ac.id

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51601/ijersc.v4i2.629

Abstract

The acquisition of land for development for the public interest is a manifestation of the social function of land rights which is seen as the first step in the implementation of development to improve community welfare. Problems in the process of acquiring land for development for public interest often occur due to inappropriate forms and amounts of compensation applied. This study aims to analyze the validity of assessment policies on land acquisition for development in the public interest. This research is normative, and prescriptive, with a legislative and conceptual approach. The results of the study found that land acquisition for the implementation of development the or public interest is carried out by releasing or surrendering land rights, while still providing protection and implementing the principle of respect for parties affected by land acquisition. The determination of the amount of compensation is carried out by the Public Appraiser as a professional Independent Appraiser who has received a license from the Minister. The assessment is carried out by the Assessor based on the Indonesian Assessment Standard 204. The indicator that forms the basis for the validity of the assessment policy on land acquisition for development in the public interest is appropriate compensation to replace with appropriate land in terms of value, benefits, and ability of replacement land, providing plus value, and the community gets the opportunity to live a better life.
Development Of The Implementation Of The Principle Of Contradiction Delimitation In The Process Of Complete Systematic Land Registration (PTSL) Patarida Sitorus, Dian; Gusti Ayu Ketut Rachmi Handayani, I; Karjoko, Lego
International Journal of Educational Research & Social Sciences Vol. 4 No. 3 (2023): June 2023
Publisher : CV. Inara in Colaboration with www.stie-sampit.ac.id

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51601/ijersc.v4i3.654

Abstract

Land registration since the enactment of the basic agrarian law has never produced significant results until the last few years. The Ministry of Agrarian Affairs and Spatial Planning / National Land Agency often looks for ways to speed up land registration with the registration program proposed since 2016, namely the complete systematic land registration (PTSL). One of the important stages in the systematic registration of land is the application of the principle of delimitation contradiction. This study discusses the implementation of the principle of contradiction delimitation that has changed since the systematic land registry was implemented. This study aims to show how the effect of changes in the mechanism of implementation of the STs, especially in the implementation of the principle of contradiction delimitation. The research methods used in this work are normative legal research methods with a focus on positive legal norms as the main material. The results of this research is a change of the mechanism of implementation of the new PTSL resulted in changes in the implementation of the principle of contradiction delimitation. With the new PTSL implementation scheme, land registration is expected to be implemented with a relatively shorter period of time so that it will be more efficient. However, this change reduces the legal certainty of the regulation regarding the application of the principle of delimitation contradiction. The government in making policies is expected to always prioritize the importance of the legal basis for new policies before they are made.
The Status Of Grondkaart As A Tool Of Proof Of Land Registration In Indonesia W. Wardhani, Dinar; Gusti Ayu Ketut Rachmi Handayani, I; Karjoko, Lego
International Journal of Educational Research & Social Sciences Vol. 4 No. 4 (2023): August 2023
Publisher : CV. Inara in Colaboration with www.stie-sampit.ac.id

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51601/ijersc.v4i4.691

Abstract

Grondkaart as one of the basis of control over land owned by individuals or legal entities, one of which is PT. KAI (Persero). The unclear position of grondkaart in the systematics of laws and regulations has resulted in various land tenure disputes. The purpose of this research is to provide information and legal consequences of grondkaart as evidence of land registration in Indonesia. The method used is a normative juridical approach with literature review on laws and civil cases in court. Grondkaart as evidence of land tenure and guidance because it refers to article 97 PP Number 18 of 2021, Besluit No 3 of 1890, there is no provision for the conversion of the UUPA, and it is not mentioned in one of the proofs of new rights based on PP Number 24 of 1997.
An Analysis Of The Juridical Implications of Decision No. 1301/Pdt.G/2023/Pa.Smn On The Principle of Justice In Post-Divorce Marital Property Distribution Irawati, Melania; Karjoko, Lego; Hermawan, Sapto
International Journal of Educational Research & Social Sciences Vol. 6 No. 6 (2025): December 2025 ( Indonesia - Malaysia )
Publisher : CV. Inara in Colaboration with www.stie-sampit.ac.id

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51601/ijersc.v6i6.1018

Abstract

This study aims to examine the application of the distribution of marital property after divorce through an analysis of Decision Number 1301/Pdt.G/2023/PA.Smn. The research focuses on the division of marital property and the extent to which theories of justice are applied in the adjudication process. This study is significant as the distribution of marital property constitutes a sensitive issue within society, where justice plays a crucial role in shaping judicial decisions. Accordingly, it is necessary to analyze the factors considered by the panel of judges in adjudicating disputes concerning the division of marital property. This research employs a normative legal research method by examining applicable laws and regulations, supported by primary, secondary, and tertiary legal materials. The findings indicate that existing statutory provisions governing the distribution of marital property have not fully fulfilled the criteria of justice for wives who bear a double burden within marriage. In this context, judges are permitted to depart from positive law by applying the principle of contra legem in order to achieve substantive justice for all parties to the marriage.
Dynamics of Democracy in Public Policy: Challenges and Opportunities for the Indonesian Legal System Intan Hanisa; I Gusti Ketut Ayu Rachmi Handayani; Lego karjoko
International Journal of Society and Law Vol. 2 No. 3 (2024): December 2024
Publisher : Yayasan Multidimensi Kreatif

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61306/ijsl.v2i3.427

Abstract

In the face of globalisation and complex socioeconomic concerns, democracy emerges as a critical factor in determining Indonesian public policy. This study dives into the dynamic interaction of democracy within the field of public policy, analysing its implications for Indonesia's legal environment. The major emphasis is on illuminating the difficulties that the legal system has in balancing multiple public opinions and goals during the governing process. This research takes a multidisciplinary approach, incorporating elements from legal political theory, legal sociology, and public policy theory, to reveal a nuanced understanding of democratic processes, institutional roles, and the intricate interplay between policy formulation and the legal framework. The findings highlight the considerable stresses that the dynamic character of democracy places on Indonesia's legal system. The difficult balance between protecting individual rights, fulfilling public interests, and maintaining societal stability is one of the challenges. These problems present possibilities to increase public engagement in policymaking, improve the operation of legal institutions, and design responsive legal enforcement mechanisms that are sensitive to the dynamic aspects of democracy. This research provides important insights into Indonesia's symbiotic link between democracy, public policy, and the legal system. The consequences guide targeted policy and legislative improvements that not only strengthen democratic foundations but also provide justice and legal security for every Indonesian person.
Status Hukum dan Upaya Hukum Tanah Hak Guna Bangunan Pasca Pembatalan Sertipikat oleh Pengadilan Tata Usaha Negara Nadinda Rahma; Lego Karjoko; Elizabeth Ayu Puspita Adi
Jurnal Hukum, Administrasi Publik dan Negara Vol. 3 No. 1 (2026): Januari: Jurnal Hukum, Administrasi Publik dan Negara
Publisher : Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/hukum.v3i1.918

Abstract

The Right to Build Certificate (Hak Guna Bangunan/HGB), as evidence of land rights intended to provide legal certainty for right holders, may in practice be revoked through decisions of the State Administrative Court. Such revocation creates legal uncertainty regarding the legal status of the land and the position of the right holder, particularly where the certificate holder is not a party to the proceedings. This research aims to analyze the legal status of land following the revocation of an HGB certificate and to examine the legal remedies available to right holders in order to obtain legal certainty. The research employs a normative juridical approach through a literature review of statutory regulations and court decisions. The findings indicate that following the revocation of HGB Certificate Number B 222 in the name of PT Pertamina (Persero), the land reverts to state land, with Pertamina holding priority rights pursuant to Article 37 paragraph (4) of Government Regulation Number 18 of 2021. However, legal remedies through the priority rights mechanism do not provide absolute legal certainty, as the use of the term “may” reflects governmental discretion rather than a legal obligation. Consequently, legal certainty for PT Pertamina remains conditional and dependent upon administrative discretion, rather than constituting final legal certainty.
Co-Authors , Isharyanto Abdul Kadir Abdul Wahid Abidana Mazida Adam Ilham Fabian Agung Ariyanto AIDA FATMA Al Ayubi, Aji Ilham Albertus Sentot Sudarwanto, Albertus Sentot Anom Husodo, Jadmiko Ariandayu, Adinda Arief Hamdani Gunawan, Arief Hamdani Arthania, Yolva Febreight Auliyaa Martati Burhanudin Harahap Cania Prameswari Hadi Waluyo Chairunisa, Arrum Danendra, Ravi Desy Nur Aini, Fajar Dhea Putri Sri Wahyuniarti Dinda Putri Indrawan Elizabeth Ayu Puspita Adi Fandi Satria Fandra Mahira, Dararida Fathoni, M. Yazid Fatma Ulfathun Najicha Fatma Ulfatun Najicha Fitria Rahmawati Gusti Ayu Kade Harry Adhisukmawati, I Gusti Ayu Ketut Rachmi Handayani , I Gusti Ayu Ketut Rachmi Handayani, I Hamdani Gunawan, Arief Hanisa, Intan Hans Blix Baarixur Rahman Hari Purwadi Hartami, Annisa Hartiwiningsih Hartiwiningsih Hasmonel Hasmonel Hastuti, Intan Hermawan, Sapto Hersriavita, Sara Hidayat, Shubhan Noor I Gusti , Ayu Ketut Rachmi Handayani I Gusti Ayu Ketut Rachmi Handayani I Gusti Ayu Ketut Rachmi Handayani I Gusti Ketut Ayu Rachmi Handayani Intan Hanisa Irawati, Melania Isharyanto , Isharyanto Isharyanto Iswantoro Iswari, Fauzi Ketut Ayu Rachmi Handayani, I Gusti Ketut Rachmi Handayani, I Gusti Ayu Ketut Rachmi, I Gusti Ayu M. Giovani Fernanda MEGA TITIS ARUMDALU Meiliana Wanda Agesa Mohd Rizal Palil Muhammad Fathony Muhammad Restu Putra Pratama MUhammad Yusrizal Mutia Huda, Clarisa Nabila Rahma Safitri Nadinda Rahma Najicha, Fatma Ulfatun Nathania Olga Br Nababan Ninuk Triyanti, Ninuk Nur Sulistiyaningsih Nurjayatun, Nurjayatun Nyoman Satria Perwira, I Parakleyto Majma Al-Bahrayn Patarida Sitorus, Dian PELENGKAHU, Muhammad Rahjay Pujiono Suwadi Putri Herfawan, Maurynesa Rachmi Handayani, I Gusti Ketut Rachmi Handayani, I Gusti Ketut Ayu Rahayu Subekti Rahmadi, Aji Ramazanova, Makhabbat Randy Vallentino Neonbeni Ravi Danendra Reanda Nelis Rosita Candrakirana Rulla Paundryanagari Sahid Sugeng Santoso Sulistyanta Sulistyanta Suryajaya, Jonathan Chandra Tiara Kusuma, Dhika Tuhana Tuhana W. Wardhani, Dinar Waluyo Waluyo Wastuti, Asih Wida Astuti Widiatama Widodo Tresno Novianto Yoniawati, Popi Zaidah Nur Rosidah Zullaika Tipe Nurhidayah