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Journal : Jambe Law Journal

Transparency Principle on Land Acquisition for Agrarian Justice Rosmidah Rosmidah; Dony Yusra Pebrianto
Jambe Law Journal Vol 3 No 1 (2020)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/jlj.3.1.83-101

Abstract

The purpose of this article is to study the state’s efforts to guarantee the principle of transparency and implement it into land acquisition process for the sake of public interest. With normative method, this article found that the land, despite of being an object of private ownership, has a social function. Therefore, the state has an authority to regulate the utilisation and use of land for the sake of public interests through a land acquisition. In recent years, disputes due to land acquisition between the government and the land owners has always increased, resulting in the use of violence and public distrust against the government. It is believed that such the condition was triggered by the lack of transparency as long as the land acquisitions are concerned. In order to realize agrarian justice, which is the state’s obligation, it is necessary to guarantee the principle of transparency in the land acquisition process which are the basic rights of land owners / holders and the general public. Because the principles of openness and transparency in the Land Acquisition Law are obscure in norms, it is necessary to interpret the law. The principles of openness and transparency are carried out from the planning, preparation, implementation stages to the stage of submitting the results of land acquisition. At the empirical level, it must be implemented without causing various encapsulation resulting in land acquisition disputes. The principles of openness and transparency are needed to facilitate the flow of community participation in development
Remission for Terrorist Convicts: Challenges and Solutions to the Indonesian Law Najemi, Andi; Rapik, Mohamad; Rosmidah, Rosmidah
Jambe Law Journal Vol. 5 No. 1 (2022)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/jlj.5.1.67-79

Abstract

This article aims at discussing remission granted upon terrorsime convicts. It has been debated among academics as to whether giving remision or reduction of sentence upon the pepertrator of an extra ordinary crime is a wise policy or not. Some of them argue that Indoensia is a country based on law. Any policy, therefore, shall refer to laws which allow remision for any prisoners who have met certain conditions including terrorism convicts. Other academics, however, insist on argument that providing remission to terrorism conficts is nothing but to let to destroy the country for they (the terrorists) might hold radical views which are not recovered with imprisonment. In this article, the authors argue that the laws are still the main reference as long as the legal perspective is concerned. However, as the laws have not provided special regulation for granting remission upon terrrorism convicts, this article proposed to ammend or revisit the laws related to such issue. The revision or ammendmet is urgent in order to provide wiser regulation as long remission upon terrorism convicts is concerned
Can Electronic Land Rights Registration Help Prevent Land from Mafia Practices? Rosmidah, Rosmidah; Fathni, Indriya; Supeno, Supeno; Abubakar, Yusuf Sani
Jambe Law Journal Vol. 7 No. 2 (2024)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/home.v7i2.375

Abstract

The high demand for land causes the state to regulate the land ownership and registration system to create an orderly land administration. Unfortunately, according to the Ministry of ATR/BPN in 2024, 45 percent of land has not been registered administratively, either through systematic or sporadic registration. This situation creates an opportunity for irresponsible individuals to control land through the use of land mafia networks illegally. This study aims to find the legal certainty of electronic land registration. The problem is whether or not electronic land registration can prevent land mafia practices. Through normative legal research, it is concluded that one such model that works well to ensure the prevention of land mafia is the implementation of an electronic land registration system. This approach is aligned with the use of technology in the digital era, offering more practicality and modernity, while also providing enhanced legal certainty over land ownership. Thus, electronic land registration is essential for the anti-land mafia