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All Journal JURNAL HUKUM NOTARIUS LAW REFORM The 2nd Proceeding Indonesia Clean of Corruption in 2020" Politik Indonesia: Indonesian Political Science Review Unes Law Review Jurnal Ilmiah Galuh Justisi Sang Pencerah: Jurnal Ilmiah Universitas Muhammadiyah Buton KRTHA BHAYANGKARA Al-Manhaj: Jurnal Hukum dan Pranata Sosial Islam Indonesian Journal of International Law Law Development Journal Indonesia Law Review (ILREV) Jurnal Ilmu Multidisplin
mUH. Afif Mahfud
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Religion Agriculture, Biological Sciences & Forestry Humanities Computer Science & IT Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Physics Public Health Social Sciences Other

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Journal : LAW REFORM

 1 
Incongruence in the Definition of Land Rights in National Agrarian Law: A Path to Legal Uncertainty Mahfud, Muh. Afif; Chin Chin, Sia
LAW REFORM Vol 20, No 1 (2024)
Publisher : PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/lr.v20i1.49047

Abstract

Legal certainty as one of the goals of national land law will not be created when there is incongruence in the definition of land rights in regulations. This incongruity may affect the formation, implementation and interpretation of law in the agrarian sector. The aim of this article is to analyze the incongruence in the definition of land rights in regulations and the impact of this incongruence in the definition. Based on the analysis, it is concluded that there is an inconsistency in the definition of land rights in Government Regulation no. 18 of 2021 which states that the authority for land rights covering above the ground and underground space is not in line with PP (Government Regulation) No. 43 of 2021. The regulation states that the authority for land rights does not cover the space above the ground and underground space. This misalignment includes horizontal incongruity, formal incongruity and substantive incongruity. It will result in unclear meaning of land rights, loss of predictability of regulations, and affecting the formation, enforcement and interpretation of laws so that there is no clear reference for the community and law enforcers in acting. Ultimately, this will affect legal protection for the community in exercising their rights. It is recommended that the government harmonize the definition of regulatory land rights.
The Fulfillment of Rights to Citizenship for Migrant Worker Deportees in Nunukan District Mahfud, Muh. Afif; Wibawa, Kadek Cahya Susila; ALW, Lita Tyesta; Saraswati, Retno
LAW REFORM Vol 18, No 1 (2022)
Publisher : PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (688.554 KB) | DOI: 10.14710/lr.v18i1.44655

Abstract

Rights to Citizenship must be protected because it is the basis to be able to access the other rights. Rights to citizenship of migrant workers in Nunukan District is potentially expired and lost if they do not renew their passports. The same case may occur with illegal migrant workers who stay for 5 years abroad. This article aims to analyze the potential of stateless person in Nunukan District, the effort made by the government to handle the issue, and the ideal construction of legal protection for stateless person. This study applied socio legal approach using primary and secondary data which were collected through interview, observation, and in depth interview. Those data then were analyzed qualitatively. Based on the analysis, it is concluded that: (1) the potential of being stateless person in Nunukan District occurred in migrant workers whose passports were expired for more than 5 years, irregular migrant workers who stayed abroad for more than five years, the descendants or children of migrant workers who were born and were raised in Malaysia; (2) the government prevents the occurrence of stateless person: (a) integrated management of handling migrant workers; (b) sweeping in order to prevent irregular migrant workers; (c) simplifying the issuance of Letter of Arrival of Indonesian Citizen (SKDWNI) and Letter of Overseas Arrival (SKDLN); (3)ideal construction of the protection of right to citizenship  for migrant workers is the extension of the scope of migrant workers protection agreement, and the placement of Citizenship and Civil Record Agency officers in order to make the paperwork handling of citizenship document easier.
Co-Authors Adya Paramita Prabandari Ani Purwanti Chin Chin, Sia Dewi, Annisa Candra FX Adji Samekto Hanafiyah Arya Nashuha HERU SISWANTO Julianti, Indah Eka Kadek Cahya Susila Wibawa Lita Tyesta ALW Nashuha, Hanafiyah Arya Natalis, Aga Prasetya, Fikahati Puja Amarel, Kevinski Albilade Putri, Fayreizqi Azellea Mashanda Rahmatullah, Mirza Agung Retno Saraswati Rizqiya, Anis Sembiring, Shindy Suka Desy Putri Utami Nur Agustin, Ika Shinta Wijaningsih, Dyah Wulansari, Dewi Ajeng Yusriyadi Zidni, M. Irfan