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All Journal Bengkoelen Justice : Jurnal Ilmu Hukum Jurnal Multidisiplin Dehasen (MUDE) Lex Scientia Law Review INTERNATIONAL JOURNAL OF SOCIETY REVIEWS (INJOSER)
Emelia Kontesa
Universitas Bengkulu
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Reclaiming Our Roots: Agrarian Law's Battle Against Land Grabbing Emelia Kontesa; Zico Junius Fernando
Lex Scientia Law Review Vol. 8 No. 2 (2024): Advancing Justice, Rights, and Governance in a Digital and Decentralized World
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lslr.v8i2.10681

Abstract

The huge structural inequality in agrarian tenure in Indonesia after 78 years of independence, where a small elite controls the majority of land, contradicts the principles of egalitarianism and social justice enshrined in Indonesia's agrarian constitutionalism. In this context, corruption in the agrarian sector, especially in the palm oil and forestry industries, shows weaknesses in monitoring and law enforcement. The Job Creation Law and other liberal-capitalistic policies are feared to potentially violate human rights, including the rights to land, work, and a healthy environment. Failure to implement agrarian reform has impacted food sovereignty, social injustice, and environmental damage. The neglect of human rights principles in agrarian issues, such as land grabbing and discrimination in access to natural resources, as well as the failure to provide effective conflict resolution mechanisms, has increased agrarian inequality and conflict. This research uses a normative juridical approach (library research), and the analysis is carried out using a statute approach, conceptual approach, comparative approach, historical approach, and futuristic approach. Research Results To achieve agrarian justice, serious efforts are needed, including restoring agrarian constitutionalism as the foundation of the nation's life, forming an Agrarian Reform Advisory Board, revoking the Job Creation Law, forming an Agrarian Reform Implementing Agency directly under the President, and implementing priority locations for agrarian reform. It is also important to stop arrests, intimidation, and violence against farmers, indigenous peoples, laborers, fishermen, and activists by the police, and restore fuel subsidies for small farmers, traditional fishermen, and vulnerable communities. The role of people's organizations and social movements in strengthening people's initiative-based agrarian reform practices and calling for a holistic and social justice-focused approach to address agrarian issues in Indonesia.
Pembatalan Sertipikat Hak Milik Atas Tanah Berdasarkan Putusan Verstek Pengadilan Negeri Nomor 34/Pdt.G/2023/Pn.Bgl Firas Fadhilah; Yamani Yamani; Emelia Kontesa
Jurnal Multidisiplin Dehasen (MUDE) Vol 5 No 1 (2026): Januari
Publisher : LPPJPHKI Universitas Dehasen Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/mude.v5i1.10162

Abstract

A land ownership certificate is an authentic legal document with strong evidentiary value, as stipulated in the Basic Agrarian Law (UUPA) and Government Regulation No. 24 of 1997. However, disputes frequently arise in land administration due to legal defects or administrative errors in the issuance process. This study examines the cancellation of a land ownership certificate based on the Default Judgment (Verstek) of the Bengkulu District Court Decision No. 34/Pdt.G/2023/PN.Bgl, which declared that the issuance of Ownership Certificate No. 06986 over land belonging to Hi. Himin constituted an unlawful act. The research aims to analyze the judge’s legal considerations in issuing the verstek decision and to assess the legal status of the disputed certificate in relation to the authority of the National Land Agency (BPN). The study employs a normative juridical approach by reviewing statutory regulations, legal doctrines, and court decisions. The analysis reveals that the judge rendered the verstek decision based on stronger evidence of ownership presented by the plaintiff, the defendant's absence without legitimate reasons, and indications of administrative defects in the certificate issuance by BPN. Furthermore, a verstek judgment with permanent legal force provides an administrative basis for BPN to cancel the certificate pursuant to Article 29 of Ministerial Regulation ATR/BPN No. 21 of 2020. Thus, a certificate declared legally invalid by a court decision must undergo administrative cancellation through the authorized land office. The findings of this research are expected to contribute to land dispute resolution and strengthen legal certainty within Indonesia’s land administration system.
Co-Authors Amancik Amancik Candra Irawan Difo Pradipta Erwin Setyawan Farida Fitriyah Fernando, Zico Junius Firas Fadhilah Herawan Sauni Jefri Guntoro Kris Juniansyah Lestariana Marwassari M. Yamani Nike Gifitriani Randa Alala Sandra Megayanti Slamet Muljono Slamet Muljono Wahyu Kurniawan