M. Ibnu Sumarna
Program Pascasarjana Universitas Muslim Indonesia

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Land disputes on legal certainty in South Sulawesi South Sulawesi in 2023 Abdil rahman zaenal; M.Ibnu Sumarna
Golden Ratio of Data in Summary Vol. 4 No. 2 (2024): May - October
Publisher : Manunggal Halim Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52970/grdis.v4i2.531

Abstract

Objective To begin with, the plaintiff is questioned about the contents of his claim. The judge can make a decision with the help of local examination. When it comes to the construction of evidence in civil cases, the duties and responsibilities of local examination of the object of land dispute is an issue that arises. shows that local examination based on Article 153 HIR, Article 180 R. Bg or Article 211 Rv as well as SEMA No. 7 of 2001 does not reflect legal certainty because it does not regulate the mechanism of local examination in the field thoroughly, which leads to many interpretations. In addition, it is still ambiguous whether local examination is a means of evidence whose value is left to the judge or whether local examination is only an examination tool or method of obtaining evidence. Research Results and Discussion Local inspection results are a valid source of evidence in civil cases, local examinations have the following legal consequences: (1) court costs if the judge requests a local examination; and (2) the evidentiary power of the local examination. Both of these are legal consequences that need to be clarified in future regulations. elements that need to be clarified in future regulations. Conclusion In civil cases, all cases relating to immovable property are required to ensure legal certainty in the future regulation of local inspection of land. to create legal certainty regarding local inspection, the diversity of this regulation is very important. In order to create legal certainty regarding local examination, diversity of regulation is essential. Regulations regarding local examination should be established at the level of a law so that they have strong legal force against all parties involved in the case, including judges, clerks, and all other parties.
Dampak Berkendara di Bawah Umur terhadap Kejadian Kecelakaan Lalu Lintas pada Remaja di Indonesia Sutrisno Syarifuddin; Mustakim Mahmud; M. Ibnu Sumarna; Muhammad Iqbal; Muh. Reza Zulfikar
LEGALITAS : Jurnal Ilmiah Ilmu Hukum Vol 11, No 1 (2026)
Publisher : Universitas 17 Agustus 1945 Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31293/lg.v11i1.9419

Abstract

Traffic accidents (laka lantas) are a major safety issue in Indonesia, particularly those involving teenagers and minors as motorcyclists. This study aims to analyze the impact of driving without a driver's license (SIM) for those under 17 years of age on accident rates, casualties, and legal and social aspects. The methods used were literature study and secondary data analysis from the Indonesian National Police (Polri), Korlantas (Traffic Corps), and other official sources. The results show that in the first semester of 2025 alone, there were 133,811 child and adolescent drivers under 17 years of age involved in traffic accidents. The main factors include human error (high speed, not wearing a helmet, showing off skills), lack of parental supervision, and low risk awareness. The impacts include fatalities, serious/minor injuries, material losses, psychological trauma, and legal burdens for perpetrators and their families. This study recommends strengthening early road safety education, strict law enforcement, and the active role of parents and schools. Conclusion: Underage driving is not only a violation of Law No. 22 of 2009, but also has the potential to damage the future of the younger generation.
Comparative Analysis of the Use of Customary Law in Land Dispute Resolution: Case Study Approach Loso Judijanto; Andrew Shandy Utama; Abdul Sahib; M. Ibnu Sumarna; Muh. Reza Zulfikar
Rechtsnormen: Journal of Law Vol. 2 No. 2 (2024)
Publisher : Yayasan Adra Karima Hubbi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55849/rjl.v2i2.796

Abstract

Background. Background Customary law is a legal system that has existed since ancient times in many communities in Indonesia. However, with modernization and globalization, the use of customary law in land dispute resolution is often overlooked or defeated by positive law. Therefore, it is important to conduct a comparative analysis of the use of customary law in land dispute resolution to understand its relevance in the context of modern law. Purpose. The purpose of this study is to investigate the comparative use of customary law and positive law in land dispute resolution. The specific objective is to evaluate the effectiveness, fairness and sustainability of each approach in resolving land conflicts. Method. The research method used is a case study approach. Case studies were conducted on several cases of land dispute resolution in various regions in Indonesia involving the use of customary law and positive law.   Results. The results show that the use of customary law in land dispute resolution often provides solutions that are more in line with local needs and traditional values of the community. However, positive law also has an important role in providing legal certainty and protection of individual rights. Conclusion. Based on the results of the comparative analysis, it is concluded that both approaches have their own advantages and disadvantages. Therefore, the integration between customary law and positive law can be a more optimal solution in resolving land disputes in Indonesia, by taking into account the local context and individual rights in a balanced manner.