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All Journal Jurnal Dinamika Hukum Arena Hukum Diponegoro Law Review Unes Law Review BHUMI: Jurnal Agraria dan Pertanahan Media Iuris Notaire Jurist-Diction LEGAL BRIEF Jurnal Pertanahan Yuridika Jurnal Ilmu Hukum, Humaniora dan Politik (JIHHP) Jurnal Pertanahan
Agus Sekarmadji
Faculty Of Law, Airlangga University
Agriculture, Biological Sciences & Forestry Humanities Earth & Planetary Sciences Education Environmental Science Law, Crime, Criminology & Criminal Justice Physics Public Health Social Sciences

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Journal : Yuridika

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The Regulation of Land Ownership Rights for Legal Entities in the Perspective of Modern Agrarian Law: Challenges of Fair Legal Evolution Alen Saputra; Agus Yudha Hernoko; Agus Sekarmadji
Yuridika Vol. 41 No. 1 (2026): Volume 41 No 1, January 2026
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/ydk.v41i1.75227

Abstract

Land ownership is a legally recognized right that represents the strongest and most comprehensive form of control over land. Within Indonesia’s agrarian legal system, land ownership rights are fundamentally granted only to Indonesian citizens. However, in practice, certain exceptions allow legal entities to obtain land ownership rights based on Law Number 5 of 1960 concerning Basic Agrarian Principles and Government Regulation Number 38 of 1963 concerning the Designation of Legal Entities Eligible to Hold Land Ownership Rights. These provisions have sparked theoretical and philosophical debates as legal entities do not possess descendants, while land ownership is inherently hereditary. This paper examines the philosophical foundation from a normative juridical perspective regarding the granting of land ownership rights to specific legal entities, as well as the urgency of regulatory reform to ensure legal certainty and to accommodate the evolving legal and societal needs within the framework of modernization.
A Juridical Study of Granting Wills to Heirs in the Perspective of Islamic Inheritance Law Moechthar, Oemar; Sekarmadji, Agus; Katherina, Ave Maria Frisa
Yuridika Vol. 37 No. 3 (2022): Volume 37 No 3 September 2022
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/ydk.v37i3.41161

Abstract

This paper is intended to criticize the societal practices that occur, especially in Indonesia, where many heirs during their lifetime give wills to heirs who have been given a particular part in the Qur'an, which results in other (experts) heirs not getting a share or obtaining. Less than that specified in the Qur'an. One of the contributing factors is because, according to the heir, the provision of the will is to provide justice for all his heirs; however, fairness according to the heir is different from justice in the distribution of inheritance according to the Al-Qur'an and Hadith. Legal research uses this case approach as the primary analysis juxtaposed with the statutory approach and the conceptual approach as the 'knife' of analysis. The thesis or argument obtained is related to aspects of Islamic law; it is not appropriate for the heir to give a will to someone who is an heir whose part has been assigned in the Al-Quran and Hadith.
Co-Authors Agus Yudha Hernoko Alen Saputra Bagas Hega Samudra Dewi Liesnoor Setyowati Diyan Ricky Warisle Dwi Rahayu Kristianti Ellyne Dwi Poespasari Faizal Kurniawan Ghansham Anand Hidayat, Yogi Kaharuddin Karunia, Dinar Katherina, Ave Maria Frisa Oemar Mochtar Oemar Moechthar Pitriani, Winda Ravina Moselle Siringoringo, Gracia Sampe, John Roberto Soelistyowati Sri Hajati Sri Winarsi Urip Santoso Widianti, Ekawestri Prajwalita