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All Journal Jurnal Pranata Hukum Jurnal Dinamika Hukum Arena Hukum AMANNA GAPPA Halu Oleo Law Review Substantive Justice International Journal of Law Meraja journal ARBITER: Jurnal Ilmiah Magister Hukum Budapest International Research and Critics Institute-Journal (BIRCI-Journal): Humanities and Social Sciences Devotion: Journal of Research and Community Service Journal of Social Research Journal of Lex Philosophy (JLP) Journal of Lex Generalis (JLG) Journal of Social Science INJURITY: Journal of Interdisciplinary Studies Gerechtigheid Law Journal Qawanin Jurnal Ilmu Hukum Asian Journal of Social and Humanities
Syamsuddin Pasamai
Universitas Bandar Lampung
Religion Arts Humanities Computer Science & IT Decision Sciences, Operations Research & Management Earth & Planetary Sciences Economics, Econometrics & Finance Education Engineering Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Public Health Social Sciences

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Customary Rights Versus Land Use Rights Pasamai, Syamsuddin; Salle, Salle
Devotion : Journal of Research and Community Service Vol. 5 No. 12 (2024): Devotion: Journal of Community Research
Publisher : Green Publisher Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59188/devotion.v5i12.25377

Abstract

The 1945 Constitution, Article 33 paragraph (1) grants the State the authority to regulate and manage natural resources, including land, for the welfare of the people. This authority is further elaborated in the Basic Agrarian Law (UUPA), which establishes regulations concerning land ownership, utilization, and management. The UUPA recognizes the state's right of control (recht van beschikking), customary land rights (hak ulayat), and land use rights for business purposes. However, these rights must align with the principle of prioritizing the public interest. In practice, the subordination of customary rights and land use rights to public interest policies can potentially lead to conflicts and economic losses for the rights holders. Issues such as inadequate compensation, lack of consultation, and improper recognition of customary rights often arise, particularly in regions where land is closely tied to indigenous traditions and livelihoods. To address these concerns, there is an urgent need for a standardized regulatory framework that balances the principle of public interest with the protection of customary rights and business land use rights. Such a framework should ensure legal certainty, equitable compensation, and mechanisms for conflict resolution to prevent injustice. By harmonizing state authority with individual and communal rights, the regulation can contribute to sustainable land management while upholding justice and public welfare. This study highlights the importance of legal reform to create comprehensive and inclusive land policies that safeguard the rights of all stakeholders.
Standards And Norms Of Human Rights-Based Land Administration Services Syamsuddin Pasamai
Journal Of Social Science (JoSS) Vol 4 No 6 (2025): JOSS: Journal of Social Science
Publisher : Al-Makki Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57185/joss.v4i6.480

Abstract

This study discusses the importance of standards and norms of human rights-based land administration services within the framework of the Indonesian state of law. Land administration services as part of public services must meet the principles of legal certainty, justice, and non-discrimination as mandated by Law Number 25 of 2009 concerning Public Services and Law Number 39 of 1999 concerning Human Rights. This research highlights the challenges of implementing land administration services that have not been fully handed over to local governments, thus causing a gap between regulations and practices in the field. It was also emphasized the need to implement Minimum Service Standards (SPM) that ensure access and quality of services to the community, especially in ensuring legal protection of land owned or controlled by citizens.
The Role Of Civil Society In Sustainable Agrarian Policy Advocacy Syamsuddin Pasamai; Salle Salle
Journal of Social Research Vol. 3 No. 8 (2024): Journal of Social Research
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/josr.v3i8.2161

Abstract

Agrarian problems in Indonesia are still complex and have not been resolved completely. Inequality of land tenure, agrarian conflicts, environmental degradation, and land conversion are some examples of problems that continue to occur. In the midst of this situation, the role of civil society becomes important in fighting for sustainable agrarian policies. This research aims to analyze the role of civil society in agrarian policy advocacy in Indonesia. This research adopts a qualitative research method. Data collection is done through literature study. After the data is collected, the analysis is carried out in three stages, namely reducing data, presenting data, and drawing conclusions. The results show that the role of civil society in sustainable agrarian policy advocacy is very important in ensuring social justice, environmental protection, and strengthening the rights of farmers or indigenous peoples related to land. Civil society, through non-governmental organizations (NGOs) and activist networks, acts as a watchdog and critic of agrarian policies issued by the government. In addition, civil society also plays a role in providing education and understanding to local communities about their rights related to land, as well as mobilizing public support to strengthen their demands for equitable agrarian policies.
Analisis Yuridis Pertimbangan Hakim dalam Putusan Perbuatan Melawan Hukum atas Penguasaan Sepihak Tanah (Studi Putusan Nomor 57/Pdt.G/2024/PN.Tjk) Elsa Septi Berliana; Syamsuddin Pasamai
ARBITER: Jurnal Ilmiah Magister Hukum Vol 8, No 1 (2026): ARBITER: Jurnal Ilmiah Magister Hukum Mei
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/arbiter.v8i1.6895

Abstract

This study aims to analyze judicial considerations in deciding unlawful acts related to unilateral land possession based on Decision Number 57/Pdt.G/2024/PN.Tjk. The research focuses on how judges assess the elements of unlawful acts and their conformity with legal certainty and justice principles. This research employs a normative juridical method with a statute approach, a conceptual approach, and a case approach. Data were collected through literature and document study, and analyzed qualitatively using legal interpretation. The results indicate that judicial considerations have fulfilled the elements of unlawful acts under Article 1365 of the Indonesian Civil Code, including act, fault, damage, and causality. The study also finds that judges not only emphasize legal certainty but also ensure substantive justice, particularly in protecting good-faith buyers.
Co-Authors Aan Aswari Aan Aswari Aan Aswari Abbas, Ilham Abdul Agis Abdul Agis Abdul Qahar Ahmad Syauqi Dzulfikri Andika Prawira Buana Anzar Anzar Ariadin Ariadin Aswari, Aan Azhar Azhar Chandra Yudi Arsana Dewi Zakiah Putri Dwi Gatra Elsa Septi Berliana Erwin Erwin Hambali Thalib Hamza Baharuddin Hamza Baharuddin Hasan Kadir Hasan Kadir Hudalinnas h Ilham Ilham Imran Jumriani Mursalim Kamri Ahmad La Ode Husen Mastur Mastur Muh. Taufiqul Karim Muhammad Rustan Musyawir Nurtan Nur Fathiah Qomar, Nurul Ryan Ardiansyah Salle Salle Salle, Salle Sri Irmayanti Sri Lestari Poernomo Sufirman Rahman Sukarno Abuhuraera Sukatin, Sukatin Syamsuri, Andi Santri Syarifuddin Wahyudy Falarungi