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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 AS-SIYASI JOURNAL OF CONSTITUTIONAL LAW 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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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.
Customary Land Rights Versus Land Use Rights (HGU) Syamsuddin Pasamai
Interdiciplinary Journal and Hummanity (INJURITY) Vol. 4 No. 7 (2025): INJURITY: Journal of Interdisciplinary Studies
Publisher : Pusat Publikasi Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58631/injurity.v2i3.1447

Abstract

This study discusses the legal conflict between customary rights of customary law communities and the right to use business (HGU) given by the state to third parties, especially large companies. Customary rights as communal rights of indigenous peoples are recognized in a limited way in the Basic Agrarian Law (UUPA), but in practice they are often marginalized by economic interests through the granting of HGU. The research approach used is normative juridical by analyzing relevant laws and regulations, legal doctrines, and court decisions. The results of the study show that the strengthening of HGU in agrarian policies and the weak protection of customary rights trigger land conflicts and social injustice. Therefore, it is necessary to reformulate land policies that are more equitable and in favor of indigenous peoples while still paying attention to the principles of the social function of land as mandated in the UUPA and the 1945 Constitution.
Mutual Insurance, Economic Democracy, and Legal Certainty: An Indonesian Constitutional Perspective Handayani, Wiwik; Jainah, Zainab Ompu; Rusli, Tami; Pasamai, Syamsuddin
As-Siyasi: Journal of Constitutional Law Vol. 6 No. 2 (2026): As-Siyasi: Journal of Constitutional Law (Article in Press)
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/as-siyasi.v62.32622

Abstract

This article examines the constitutional position of mutual insurance as a manifestation of economic democracy within Indonesia's national insurance system. Following the Constitutional Court Decision Number 32/PUU-XVIII/2020, which declared Article 6 paragraph (1) of Law Number 40 of 2014 on Insurance conditionally unconstitutional, scholarly discussions have primarily focused on institutional and regulatory aspects of mutual insurance, while its constitutional significance as an embodiment of economic democracy and its implications for Indonesia's economic constitutionalism remain insufficiently explored. Employing normative legal research through statutory, conceptual, and historical approaches, this study uses Hans Kelsen's Pure Theory of Law to examine the normative consistency between constitutional principles and insurance legislation. In contrast, Gustav Radbruch's theory of legal certainty serves as the analytical framework for assessing the legal consequences of the existing regulatory vacuum. The analysis demonstrates that mutual insurance reflects the constitutional principles of collective ownership, participation, and kinship embodied in Article 33 paragraph (1) of the 1945 Constitution. Furthermore, the Constitutional Court Decision Number 32/PUU-XVIII/2020 establishes a constitutional obligation for the legislature to provide a statutory framework that recognizes the distinctive institutional character of mutual insurance, thereby transforming legal recognition from a regulatory policy into a constitutional mandate. Accordingly, this article contributes to the development of Indonesia's economic constitutionalism by reconceptualizing mutual insurance as a constitutionally protected economic institution whose sustainability depends upon legal certainty through comprehensive legislative reform.
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 Tami Rusli Wahyudy Falarungi Wiwik Handayani Zainab Ompu Jainah