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All Journal International Journal of Educational Review, Law And Social Sciences (IJERLAS) Hang Tuah Law Journal
Herlindah
Universitas Brawijaya
Religion Humanities Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Social Sciences Other

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Government Role in Agricultural Management as Agrarian Resource Herlindah
Hang Tuah Law Journal VOLUME 1 ISSUE 1, APRIL 2017
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v1i1.83

Abstract

Agriculture is a one of land resources called agrarian which brings strategic functions and roles for Indonesia as agrarian country. It is identified as being strategic due to a great number of Indonesian people who rely their lives on agricultural sector. Thus, farms do not only have economic value but also social value, and even religious one. Besides, farms are also subjected for agricultural investment activities involving hugecapital companies through which a large-scale extensification of farms will increase over time. This paper focused on the state control over agrarian resources. Starting from farms as agrarian resources, the governance rights of land by a country is based on both UUPA and the exegesis of Constitutional Court. Findings showed that there were 4 (four) models of The state control over agrarian resources based on Article 2 UUPA. However, as Constitutional Court verdict Number 002/PUU-I/2003 testing toward the Law Number 22, 2001 on oil and gas toward the Constitution 1945 was established, the state control over farms could be broadly defined as public rights for all people of Indonesia over its agrarian resources.
ARRANGEMENTS FOR THE CUSTODY OF COMPENSATION FOR UNKNOWN PARTIES IN THE FRAMEWORK OF LAND ACQUISITION FOR DEVELOPMENT IN THE PUBLIC INTEREST Syeh Aries Fauzan; Mohammad Hamidi Maskur; Herlindah
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 6 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i6.4521

Abstract

Although the general provisions for consignment of compensation have been regulated in land acquisition regulations, this study identified the incompleteness of explicit legal norms regarding the basis and procedures for consignment on the grounds that the entitled party is unknown. The focus of this study lies in whether the District Court is justified in granting a consignment application for public interest development on the grounds that the entitled party is unknown, reviewed from the concept of land ownership in Indonesia and comparative law with Malaysia. Through a normative legal approach and legal comparison, this study found that the court's decision to grant consignment for an unknown party is contrary to the basic concept of the State's Right to Control (HMN) as regulated in Article 33 paragraph (3) of the 1945 Constitution in conjunction with Article 2 of Law Number 5 of 1960. Legally, if there is no legal subject ownership right attached to the land, the status of the land essentially returns to State Land, so that efforts to consign compensation become irrelevant and normatively unnecessary. This finding emphasizes the importance of legal certainty in the implementation of land acquisition regulations.
LEGAL PROTECTION OF THE CUSTOMARY RIGHTS OF THE RIMBA PEOPLE IN JAMBI PROVINCE Irfan Hafiyyansah; I Nyoman Nurajaya; Herlindah
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 6 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i6.4907

Abstract

The state recognizes and protects Indigenous Law Communities (MHA) and their traditional rights in the constitution. One of the traditional rights held by MHA is customary rights. Some communities in Indonesia still live in groups and depend on the land/environment they recognize as customary rights. One of the Indigenous Law Communities is the Orang Rimba. The Orang Rimba live inside and outside forest areas, some of them still practice a semi-hunting-gathering culture and wander in the forest which they recognize as their living space. This study aims to examine the urgency of protecting the customary rights of the Orang Rimba and the implementation of the protection of their customary rights. Both issues are reviewed in normative juridical research, based on a set of regulations related to the recognition of MHA and customary rights that are still in effect in Indonesia. From the research conducted, it was found that the government has not fully provided legal protection for the customary rights of the Orang Rimba. The solution offered is a partnership agreement for area management and relocation of Orang Rimba settlements through the Remote Indigenous Community program.
Co-Authors I Nyoman Nurajaya Irfan Hafiyyansah Mohammad Hamidi Maskur Syeh Aries Fauzan