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Ahsan Yunus
Faculty of Law, Hasanuddin University
Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Public Health Social Sciences

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The Role of Land Management Paradigm Towards Certainty and Justice Donna Okthalia Setiabudhi; Ahsan Yunus; Irwansyah Irwansyah; Andi Rifky
BESTUUR Vol 11, No 1 (2023): Bestuur
Publisher : Administrative Law Departement Faculty of Law Universitas Sebelas Mare

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/bestuur.v11i1.71710

Abstract

To achieve land order, Indonesia implements the Sustainable Agrarian Regulation System (SPAB). The crucial issue, however, is whether the management of activities at this point has been conducted sustainably in order to establish justice and legal certainty in the community.   The purpose of this study is to examine a variety of issues concerning the Role of Land Management Paradigm Towards Certainty and Justice. This research is empirical with a qualitative approach. The results indicate that as the Dynamics of Population Growth and Rapid Progress was being constructed, soil quality began to deteriorate. For the exploitation and utilization of soil, therefore, effective, efficient, and sustainable land management is necessary.  It is widely acknowledged that sustainable land management is essential for halting land degradation, preventing desertification, and regenerating degraded areas. Given the complex options available to communities and landowners, Japan's policy is shifting its emphasis to policies pertaining to sustainable land use management by means of consensus building.
Fiscal Autonomy as the Missing Pillar of Village Governance: Lessons from the French Commune for Indonesia’s Rural Reform Josepus J. Pinori; Irwansyah Irwansyah; Donna Okthalia Setiabudhi; Ahsan Yunus; Toar K.R. Palilingan
JURNAL AKTA Vol 13, No 1 (2026): March 2026
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v13i1.49004

Abstract

This article offers a comprehensive and original examination of village autonomy in Indonesia by juxtaposing it with the Commune governance model of France, highlighting a critical gap rarely addressed in existing scholarship: the absence of fiscal autonomy as the core determinant of genuine local self-governance. While Indonesia’s Village Law formally recognizes autonomy, it remains predominantly grant-based and structurally dependent on central transfers, producing a paradox wherein villages possess political authority but lack sustainable fiscal capacity. Employing a comparative normative analysis grounded in fiscal federalism, subsidiarity, and public choice theory, the study reveals that Indonesia’s system embeds vertical control through ex-ante supervision, rigid expenditure menus, and limited revenue-raising powers. In contrast, French Communes enjoy constitutionally protected inherent autonomy, broad compétence générale, and—most importantly—robust local taxing powers that anchor accountability, policy innovation, and local economic dynamism. The article’s key contribution lies in proposing a Tiered Village Fiscal Autonomy Model, a reform blueprint that adapts the Commune principles without replicating them. This study demonstrates that Indonesia’s future village governance requires shifting from transfer-driven development to a self-financing, autonomy-strengthening system that enhances accountability and community participation. By offering a normative, comparative, and policy-oriented framework, the article provides a novel and actionable pathway for reimagining village autonomy in Indonesia toward stronger local governance and sustainable development.
Co-Authors Andi Rifky Donna Okthalia Setiabudhi Donna Okthalia Setiabudhi Irwansyah Irwansyah Josepus J. Pinori Toar K.R. Palilingan