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All Journal DEDIKASI JURNAL MAHASISWA Syntax Literate: Jurnal Ilmiah Indonesia LEGALITAS Awang Long Law Review International Journal of Educational Research Excellence (IJERE) MILRev: Metro Islamic Law Review Jurnal Penelitian Pendidikan Indonesia LEGALITAS : Jurnal Ilmiah Ilmu Hukum Journal of Knowledge and Collaboration
Irman Syahriar
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Religion Arts Humanities Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Mathematics Social Sciences Other

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LEGAL PROTECTION FOR INDONESIAN CITIZENS IN LAND OWNERSHIP DISPUTES INCLUDED IN COAL MINING BUSINESS PERMIT CONCESSIONS Kapasian, Leonard Ibsan; Rosifany, Oni; Khairunnisah; Syahriar, Irman
Awang Long Law Review Vol. 8 No. 1 (2025): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v8i1.1870

Abstract

This study examines the form and effectiveness of legal protection for Indonesian citizens in guaranteeing land ownership within coal mining concession areas. The primary focus is on the tension between national economic interests in the mining sector and community land rights guaranteed by the constitution. This study uses a normative juridical method with a regulatory approach, legal theory, and empirical case studies in several mining areas such as Kutai Kartanegara and Paser. The results indicate that land conflicts in IUP areas are generally revoked due to overlapping ownership claims, weak land administration verification (SKT/SKPT), and minimal government oversight. The state, based on the theory of the Right to Control (HMN), has a constitutional mandate to regulate, manage, and oversee the utilization of natural resources for the welfare of the people. However, its implementation is still biased towards corporate interests, so that community rights are often neglected. This study recommends the implementation of responsive laws, strengthening the social function of land rights, and transparent and pro-community mechanisms for peace and conservation resolution. True legal protection can only be achieved if the state acts not merely as a regulator but also as an active protector of citizens' rights against the impacts of the expansion of the coal mining industry.
Judicial Neutrality in Corruption Trials: A Contemporary Islamic Law Perspective on Independence in Transitional Legal Systems Irman Syahriar; Indera Dewi; Fifi Loanardy; Jamil Khairunnisah; Bilal Hussain
MILRev: Metro Islamic Law Review Vol. 4 No. 2 (2025): MILRev: Metro Islamic Law Review
Publisher : Faculty of Sharia, IAIN Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/milrev.v4i2.11425

Abstract

This study examines the dynamics of judicial neutrality in corruption trials within transitional legal systems, analysed through the lens of Contemporary Islamic Law. The research aims to investigate how political pressures, systemic weaknesses, and legal culture affect judicial independence, and to evaluate the alignment of judicial conduct with the ethical and procedural principles embedded in Islamic legal thought. Employing a qualitative legal research method that draws on statutory, case, and conceptual approaches, the study synthesises legal texts, judicial decisions, and scholarly commentaries. The findings reveal that in transitional legal systems, judicial neutrality is often compromised by political interference, inadequate institutional safeguards, and cultural tolerances toward corruption, resulting in a crisis of public trust. From the perspective of Contemporary Islamic Law, the preservation of judicial independence is not only a procedural requirement but also a moral imperative grounded in maqāṣid al-sharī‘ah, particularly the protection of justice (ḥifẓ al-‘adl) and public interest (maṣlaḥah' āmmah). The study concludes that integrating Contemporary Islamic legal principles into anti-corruption judicial reforms can strengthen institutional independence, reinforce ethical accountability, and restore public confidence in the judiciary. This research contributes academically by bridging the discourse between legal reform in transitional contexts and the evolving application of Islamic legal theory to contemporary governance challenges.
Co-Authors Benhard Kurniawan P Bilal Hussain Fifi Loanardy Hardiyanti, Vivi Hefni, Dina Paramitha Indera Dewi jamil Bazarah Jamil Khairunnisah Kapasian, Leonard Ibsan Khairunnisa Khairunnisa Khairunnisah Khairunnisah Khairunnisah Oni Rosifany, Oni Putra, Igo Primantara Ari Putri, Dina Paramitha Hefni Sarikun