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All Journal Bina Hukum Lingkungan JURNAL PENGABDIAN KEPADA MASYARAKAT Supremasi Hukum: Jurnal Penelitian Hukum Bengkoelen Justice : Jurnal Ilmu Hukum Jurnal Multidisiplin Dehasen (MUDE) Bina Hukum Lingkungan
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.
Co-Authors Adhi Wirawan Mulyono Afrilinda Afrilinda Amancik Amancik Ardilafiza Ardilafiza Ardilafiza Ardilafiza Beni Kurnia Illahi Dede Frastien Dede Frastien Desi Susanti Elsa Romana Widyarni Herawan Sauni Iskandar Iskandar Jonny Simamora Nur Sulistyo Budi Ambarini Rian Putranto Tito Sofyan Widiya N. Rosari Willy Purnama Hidayanti