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Implications of Business Certainty for Plantation Companies on Land Release PolicieshImplications of Business Certainty for Plantation Companies on Land Release Policiesh M. Iqbal Asnawi; Radhali; Verianto Dwikaprio Pane; Agung Ibrahim Hasibuan
Mahadi: Indonesia Journal of Law Vol. 5 No. 01 (2026): Vol. 05 No. 01 (2026) February Edition 2026
Publisher : Universitas Sumatera Utara

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Abstract

This study analyzes the policy on the partial release of plantation land through the plasma partnership scheme and the Agrarian Reform Object Land (TORA) program from the perspective of legal certainty and the protection of business actors’ rights. The issue arises when the obligation to release land is imposed without a clear compensation mechanism, while companies have lawfully obtained Cultivation Rights (HGU) and invested long-term capital based on the granted land area and duration. This research employs a normative juridical method with statutory and conceptual approaches. The findings indicate that land release through plasma schemes and TORA does not explicitly regulate fair compensation, thereby potentially creating legal uncertainty and disrupting the investment climate. Normatively, any reduction or acquisition of land rights for public purposes should be carried out through land procurement or revocation mechanisms that require just and adequate compensation. The study concludes that it is necessary to reformulate land release policies based on proportionality and constitutional balance principles to ensure that agrarian reform remains aligned with Pancasila values while safeguarding justice and sustainable investment in the plantation sector.
HARMONIZING LEGAL PLURALISM IN JUVENILE JUSTICE: A SYNERGISTIC REHABILITATION MODEL FOR ACEH’S LPKS AND LPKA Liza Agnesta Krisna; Rini Fitriani; M. Iqbal Asnawi; Muhammad Iqbal
KANUN:JURNAL ILMU HUKUM Vol. 28 No. 1: April 2026: The Global and National Challenges for Justice
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/kjih.v28i1.163

Abstract

This study examines the imperative for a synergistic rehabilitation model between Social Welfare Organizing Institutions (LPKS) and Juvenile Special Development Institutions (LPKA) for children in conflict with the law (CICL) within Aceh’s unique pluralistic legal framework. The article  addresses how institutional fragmentation characterized by overlapping functions and inconsistent approaches between the social welfare and penal systems undermines the effectiveness of child rehabilitation. Using a normative-empirical method, the study combines a rigorous analysis of national legislation, such as Law No. 11 of 2012, with field findings from observations and interviews conducted across multiple judicial and social institutions in Aceh.The results reveal significant systemic gaps in inter-agency coordination, legal harmonization, and continuity of care between pre- and post-adjudication stages. In response, this study proposes a six-dimensional integrative model focused on legal alignment, institutional strengthening, scalability, and implementation planning. This model emphasizes the development of integrated data systems and shared standard operating procedures to ensure seamless case management. The findings suggest that a child-centered, restorative justice approach, firmly grounded in the principles of maqashid shariah, can reconcile the tensions between national child protection standards and Aceh’s autonomous Qanun system. By prioritizing the best interests of the child and social reconciliation (islah), this model provides a practical framework for sustainable reintegration, to improve institutional coordination and ensure a more holistic, culturally sensitive juvenile justice system.
GREEN INVESTMENT BERBASIS BLUE CARBON: POTENSI PERDAGANGAN KARBON DAN KEBIJAKAN HUKUM DI KAWASAN PESISIR M. Irfan Islami Rambe; Muhammad Natsir; Mustika Putra Rokan; M. Iqbal Asnawi; Fahman Urdawi Nasution
Jurnal Yuridis Vol 12 No 2 (2025): Jurnal Yuridis
Publisher : Fakultas Hukum Universitas Pembangunan Nasional "Veteran" Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35586/jyur.v12i2.12295

Abstract

Indonesia’s coastal ecosystems have strategic potential to support green investment through blue carbon stored in mangroves, seagrass meadows, and coastal wetlands. This article examines the prospects of blue carbon–based carbon trading and the readiness of national and regional legal frameworks, focusing on Aceh. Using normative and exploratory approaches, it finds that despite existing regulations on sustainable investment and carbon economic value, blue carbon development is hindered by overlapping authorities, the absence of a national roadmap, limited technical guidance, and weak incentives and community involvement. The Aceh case shows adaptive initiatives through regional carbon regulation and mangrove restoration based on carbon credits. The article recommends regulatory harmonization, a national blue carbon roadmap, and strengthened fiscal incentives and community-based benefit-sharing mechanisms to support sustainable coastal development and climate mitigation goals.