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All Journal Bina Hukum Lingkungan JURNAL PENGABDIAN KEPADA MASYARAKAT Supremasi Hukum: Jurnal Penelitian Hukum Bengkoelen Justice : Jurnal Ilmu Hukum Pancasila and Law Review Jurnal Multidisiplin Dehasen (MUDE) Bina Hukum Lingkungan TOFEDU: The Future of Education Journal Jurnal Pustaka Cendekia Hukum dan Ilmu Sosial
Edra Satmaidi
Fakultas Hukum-Universitas Bengkulu
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THE EFFORT TO RESOLVE LAND DISPUTES OVER FORMER LAND OF CULTIVATION RIGHT IN JENGGALU VILLAGE, SELUMA REGENCY, BENGKULU PROVINCE Rian Putranto; Edra Satmaidi; Herawan Sauni
Bengkoelen Justice : Jurnal Ilmu Hukum Vol. 13 No. 1 (2023): April 2023
Publisher : Universitas Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/jbengkoelenjust.v13i1.27798

Abstract

The dispute over the former land of cultivation rights (further will be abbreviated and referred as HGU) on behalf of Sahabudin is an area of ​​65 hectares known to have been controlled by the community, and it is known that he has 29 Ownership Certificates (further will be abbreviated and referred d as SHM), and 2 Land Certificates (further will be abbreviated and referred as SKT) belonging to the community, and the ex-HGU land is distributed by agreement. In the regulations, it is clear that the ex-HGU land is returned to the state, and it is clear that the land can no longer be used for other activities. Juridically and conceptually, problems related to the object of land use rights that come from land rights do not seem to experience problems and are legally justified as long as the process of relinquishing land rights is based on applicable regulations. However, if the procedure for relinquishing land rights is not carried out properly according to the law, it will trigger a conflict between the original right holder and the holder candidate of the cultivation right or the holder of the cultivation right . Based on the experience in several areas, including in Bengkulu Province, the cause of conflict between communities and plantation companies that use land rights facilities, is due to the dispute over ownership of land rights, especially related to compensation for land and growing crops on land that has been released in past times. The objectives of this research are: (1). To determine and describe the factors that cause the authorization of former land of HGU in Jenggalu Village, Seluma Regency, Bengkulu. (2). To identify and describe the efforts to resolve disputes over former land of HGU in Jenggalu Village, Seluma Regency, Bengkulu. The method of this research is empirical methods, data analysis was carried out in a qualitative juridical manner. The results of the study explained that: (1). The factors causing the dispute over the authorization of former land of HGU in Jenggalu Village, Seluma Regency, Bengkulu Province are the agreement on the distribution of land with Cultivation Rights, Expiration of Cultivation Rights and the issuance of SHM and SKT on HGU lands. (2). Efforts to resolve land disputes with ex-HGU in Jenggalu Village, Seluma Regency, Bengkulu Province are: efforts to settle out of court through the Regional Leadership Coordination Forum (Further will be referred as Forkopimda) meeting and the Land Office and efforts through civil lawsuits at the Tais District Court. Keywords: Settlement, Dispute, Former land of HGU.
Komitmen Perseroan Terbatas Terhadap Pencantuman Klausula Tanggung Jawab Sosial Dan Lingkungan Dalam Akta Pendirian Perseroan Terbatas Di Kota Bengkulu Elsa Romana Widyarni; Edra Satmaidi; Widiya N. Rosari
Jurnal Multidisiplin Dehasen (MUDE) Vol 5 No 2 (2026): April
Publisher : LPPJPHKI Universitas Dehasen Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/mude.v5i2.10478

Abstract

This study aims to analyze the commitment of Limited Liability Company (PT) founders in Bengkulu City regarding the inclusion of Social and Environmental Responsibility (TJSL/CSR) clauses in the Deed of Establishment, and to analyze the legal implications for companies that fail to fulfill this obligation. The background of this research is based on the phenomenon of numerous companies in Bengkulu with "Red PROPER" status and problematic Mining Business Licenses (IUP), indicating low compliance with the mandate of Article 74 of Law Number 40 of 2007 concerning Limited Liability Companies. The research method used is empirical juridical with a legal sociology approach. Data were obtained through field research involving interviews with Notaries and Directors/Founders of PTs in Bengkulu City, supported by secondary data from literature studies. Sample determination was carried out using purposive sampling, focusing on companies in the mining and plantation sectors. The results showed that the commitment of PT founders in Bengkulu City regarding the inclusion of TJSL clauses is very low. From all the Deed of Establishment samples examined, no specific inclusion of TJSL clauses was found. This is because the founders view the Deed of Establishment merely as an administrative formality to obtain business licensing (Online Single Submission), and there is a perception that TJSL is a cost burden that reduces profits. The role of Notaries in this matter tends to be passive, merely recording the will of the parties. The legal implications for companies that do not implement TJSL include administrative sanctions ranging from warnings to revocation of business licenses; however, implementation remains ineffective ("paper tiger") due to law enforcers' hesitation regarding economic impacts. Furthermore, there is a potential for civil liability in the form of Tort (Unlawful Act) lawsuits if such negligence causes harm to the community.
The Intersection between Legal Philosophy and Pancasila Ideology in Recognising Indonesian Indigenous Peoples David Aprizon Putra; Nur Sulistyo Budi Ambarini; Edra Satmaidi; Sonia Ivana Barus; Ade Kosasih
Pancasila and Law Review Vol. 6 No. 1 (2025)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/plr.v6i1.4210

Abstract

This study examines the relationship between customary law communities and the ideology of Pancasila within Indonesia’s legal philosophy. Article 18B Paragraph (2) of the 1945 Constitution affirms state recognition of customary law communities and their long-standing social, legal, and cultural systems. However, challenges persist in integrating customary law into the national legal framework, including normative disparities and conflicts of interest. Using a normative juridical method with philosophical, statutory, and case approaches, and drawing on secondary data through literature review, this research finds that the intersection between legal philosophy and Pancasila reflects the value of social justice. Pancasila provides a philosophical and constitutional foundation for recognising and protecting customary law communities while promoting national unity and sustainable development, thereby affirming its role in upholding diversity, justice, and humanity.
Analisis Persetujuan Berusaha PT Ratu Samban Mining Bengkulu Tinjauan dari Hukum Tata Ruang Muhammad Adrian Fitra Yamazaki; Aldo Kurniawan; Adib Kumara Reisman; Fadel Jovinka; Edra Satmaidi
Jurnal Pustaka Cendekia Hukum dan Ilmu Sosial Vol. 4 No. 1 (2026): Jurnal Pustaka Cendekia Hukum dan Ilmu Sosial Volume 4 Nomor 1 February - May 2
Publisher : PT PUSTAKA CENDEKIA GROUP

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70292/pchukumsosial.v4i1.258

Abstract

This study aims to analyze the legal validity of the Business Approval of PT Ratu Samban Mining (RSM) from the perspective of Law Number 26 of 2007 on Spatial Planning. This research employs a normative legal method using statutory and case approaches. The findings indicate that although PT RSM formally possesses a mining business permit, substantively there are indications of non-compliance with the Regional Spatial Plan (RTRW), particularly concerning alleged operations in protected areas and the low post-mining reclamation rate of only 28.57%. Such inconsistencies may render the business approval legally void as stipulated in Article 37 paragraph (7) of the Spatial Planning Law. The legal implications include administrative sanctions, criminal liability, and obligations to restore spatial functions. Furthermore, the study identifies structural weaknesses in spatial planning supervision, including inadequate field verification and lack of institutional coordination. Therefore, strengthening supervision mechanisms, conducting periodic spatial audits, and improving policy harmonization are essential to ensure sustainable spatial utilization.
Implementation of the Attributed Authority of the Bengkulu Provincial Environmental Agency (DLHK) in the Legal Protection of Rafflesia arnoldii as an Endemic Flora Varik Farsyak; Ridho Saputra; Ema Septaria; Edra Satmaidi; Muhammad Syirazi Neyasyah
The Future of Education Journal Vol 5 No 2 (2026)
Publisher : Lembaga Penerbitan dan Publikasi Ilmiah Yayasan Pendidikan Tumpuan Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61445/tofedu.v5i2.1733

Abstract

This study aims to analyze the position and limits of the attribution authority of the Environment and Forestry Service (DLHK) of Bengkulu Province in protecting Rafflesia arnoldii as an endemic flora, and to assess the effectiveness of the implementation of legal protection instruments in addressing the threat of habitat destruction and illegal exploitation. The research method used is normative juridical with a legislative and conceptual approach, supported by limited empirical data through literature study. The results show that DLHK has strong and independent attribution authority based on the Law on Conservation of Biological Natural Resources and the Law on Regional Government, with the scope of regulatory, supervisory, law enforcement, and coordination functions. However, the implementation of legal protection for Rafflesia arnoldii has not been optimal. This is due to the high level of habitat destruction due to human activities, the persistence of illegal exploitation, limited institutional resources, and weak supervision and law enforcement. In addition, low public awareness also exacerbates this condition. Therefore, more comprehensive efforts are needed through strengthening institutional capacity, improving law enforcement, sustainable habitat protection, and community involvement in conservation activities. Thus, it is hoped that protection of Rafflesia arnoldii can be more effective and sustainable.
Co-Authors Ade Kosasih Adhi Wirawan Mulyono Adib Kumara Reisman Afrilinda Afrilinda Aldo kurniawan Amancik Amancik Ardilafiza Ardilafiza Ardilafiza Ardilafiza Barus, Sonia Ivana Beni Kurnia Illahi David Aprizon Putra Dede Frastien Dede Frastien Desi Susanti Elsa Romana Widyarni Ema Septaria Fadel Jovinka Herawan Sauni Iskandar Iskandar Jonny Simamora Muhammad Adrian fitra yamazaki Muhammad Syirazi Neyasyah Nur Sulistyo Budi Ambarini Rian Putranto Ridho Saputra Tito Sofyan Varik Farsyak Widiya N. Rosari Willy Purnama Hidayanti