Claim Missing Document
Check
Articles

Found 23 Documents
Search

VALIDITY OF LAND RENTAL AGREEMENTS BETWEEN FOREIGN CITIZENS AND INDONESIAN CITIZENS WITH A TERM OF OVER 80 YEARS IN SUPREME COURT DECISION NUMBER 2785 K/PDT/2011 Shania Lorusso; Lego Karjoko; Rachma Indriyani
Journal of International Islamic Law, Human Right and Public Policy Vol. 4 No. 1 (2026): March
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v4i1.176

Abstract

This study examines the validity of land lease agreements with very long terms, even exceeding 80 years, between foreign nationals and Indonesian citizens as reflected in Supreme Court Decision Number 2785 K/Pdt/2011. The analysis focuses on how the principles of freedom of contract, the principle of justice, and the principle of legal certainty are applied when the structure of the lease clause substantively shifts the nature of the lease into long-term land ownership that resembles a disguised transfer of ownership rights. The study uses a normative juridical method with a statutory regulatory approach and a conceptual approach to the Civil Code, the Basic Agrarian Law, and the doctrine of contract law, which are then linked to the legal considerations of the Supreme Court in the case. The results of the study indicate that unreasonable lease terms, disproportionate rental prices, and unequal bargaining positions give rise to violations of the social function of land and the limits of legal propriety, while also emphasizing the importance of the role of notaries in preventing the emergence of exploitative contract clauses.
Kebijakan Sekaya Maritim dalam Rangka Peningkatan Kesejahteraan Nelayan di Lampung Timur: Analisis Tantangan dan Peluang Rachma Indriyani; Ayub Torry Satriyo; Diah Apriani Atika Sari
Dialogia Iuridica Vol. 7 No. 1 (2015): Volume 7 Nomor 1 November 2015
Publisher : Faculty of Law, Maranatha Christian University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28932/di.v7i1.704

Abstract

Fishing has been a traditional occupation for millennia, supporting a plethora of communities, both along the sea coast and inland. However, traditional fishermen are under pressure from large scale unregulated industrialization, export-oriented, mechanized fishing and aquaculture. Therefore, it’s community faced with deprivations of many kinds. The Ministry of Marine Affairs and Fisheries has been launching Sekaya Maritim program since early 2015, as an effort to improve the welfare of traditional fishermen. Considering that every region has different culture and problems to each other, then it should be a policy which appropriated to the real needs of local fishing communities. Nevertheless, one fits for all could not always fix all. Through descriptive approach and case study analysis, this paper reviews the Sekaya Maritim program applied in East Lampung, as well as map out the challenges and opportunities that should be a reflective matter for the government, so that the program could be optimally implemented and precisely targeted.
The Interplay Between Laos as Landlocked State and its Surrounding Coastal States Indriyani, Rachma; Budyatmojo, Winarno; Rahman, Andi; Sudarso, Thomas
Yustisia Vol 6, No 2: August 2017
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v6i2.12534

Abstract

This paper analyzes the problems concerning Laos as a Land-locked state (LLS) rights to gain access of the sea and its resources, including conflicts and disadvantages which may arise regarding Laos and its neighboring states and/or transit states to figure out the best way to get access to fisheries at the sea. We used some legal research methods of case studies and normative doctrines which lead us to discover the rights of landlocked states provided by the UNCLOS being violated or constrained by technical problems and the denial of free transit which is highly influenced by international relation between states. This study concludes that the rights must necessarily be supported with another bilateral/multilateral agreements and organization which may help to manage landlocked states in effort of the realization of their rights.