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All Journal Indonesian Journal of Islam and Muslim Societies Jurnal Daulat Hukum Kosmik Hukum Al-Muamalat: Jurnal Hukum dan Ekonomi Syari'ah Journal of Mathematics Instruction, Social Research and Opinion Nomos : Jurnal Penelitian Ilmu Hukum Annual Review of Legal Studies Jurnal Dinamika Hukum Semarang State University Undergraduate Law and Society Review Indonesian Journal of Criminal Law Studies Jurnal Panjar : Pengabdian Bidang Pembelajaran Indonesian Climate Justice Review Indonesian Court and Justice Review Indonesian Minority Justice Review Contemporary Issues on Indonesian Human Rights Law and Policy
Suhadi Suhadi
Universitas Negeri Semarang
Religion Arts Humanities Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Mathematics Social Sciences

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Juridical Analysis of the Causes of the Issuance of Certificates of Management Rights on Land With Property Rights Certificates: Analisis Yuridis Mengenai Sebab-Sebab Terbitnya Sertifikat Hak Pengelolaan Atas Tanah Bersertifikat Hak Milik Mohammad Saleh; Suhadi Suhadi
Annual Review of Legal Studies Vol. 1 No. 3 (2024)
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/arls.vol1i3.12547

Abstract

Land is a very vital asset for every person and country. When viewed from the physical and value aspects of the soil, it is certainly a thing that has economic and political value in it. Problems that arise in the soil in Indonesia have been a very long time even since the time of the Netherlands because of its high value, problems often arise. For example, the Jepara Regency Government with its citizen named Tanto Untung and his heir Tanto Santoso has even reached the Court with Decision Nomo 19/Pdt.G/2020/PN Jepara. This research is carried out by means of qualitative research using a sociological juridical or empirical juridical approach. The sources used are primary and secondary sources obtained from observations, interviews, documentation and also literature studies. The results of this study show that there is a way of land acquisition carried out by the Jepara Regency Government that is known to the holder of the Certificate from which the land claim originated. The existence of two rights that exist on a piece of land without legal clarity is referred to as a double certificate. The registration of management rights processed by the Jepara Land Office which produced the management right certificate Number 6 of 1998 Jobokuto on behalf of the Jepara Regency Government without taking into account whether the land has or not causes an overlap of rights in the future. The heirs who do not know the land boundary are also a problem that the court decision by the Jepara Land Office cannot be implemented in accordance with the Minister of Agrarian Affairs Number 21 of 2020 concerning the Handling and Settlement of Land Cases, the Jepara Land Office by implementing the decision Number 19/Pdt.G/2020/PN Jpa
Foreign Investment in Agricultural Land and Legal Protection of Local Farmers (A Comparative Study between Indonesia and Thailand) Amiludin Amiludin; Suhadi Suhadi; Rofi Wahanisa
Kosmik Hukum Vol. 26 No. 2 (2026)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v26i2.29713

Abstract

This study examines the ownership and control of agricultural land by foreign investors in Indonesia and Thailand, an issue closely related to agrarian sovereignty and the protection of local farmers. The research is motivated by pressures from globalization and economic liberalization, which encourage foreign investment but risk the dominance of capital over agricultural land. The objectives are to analyze the legal framework, mechanisms for farmer protection, regulatory differences between the two countries, and implementation challenges. The research questions focus on how the law regulates foreign land ownership, the legal protection available for farmers, and the key differences between Indonesia and Thailand. This study uses a normative juridical approach with comparative legal analysis, relying on primary, secondary, and tertiary legal sources, and is analyzed qualitatively. Findings indicate that Indonesia restricts foreign ownership through limited rights and domestic legal entities, yet weak enforcement, fragmented oversight, and nominee arrangements allow de facto control by foreign investors. Thailand enforces stricter restrictions, effective corporate oversight, and limited-use rights for farmers, ensuring stronger legal protection. Policy recommendations include comprehensive agrarian law reform, establishment of cross-sector coordinating institutions, strengthened investment supervision, and mandatory application of Free, Prior, and Informed Consent (FPIC) to protect farmers. The study contributes academically to comparative agrarian law research and provides normative guidance for policymakers.
Who Shapes the Green Future? Public Inclusion in National Climate Projects Aprila Niravita; Satrio Sakti Nugroho; Suhadi Suhadi
Indonesian Climate Justice Review Vol. 1 No. 4 (2024): October, 2024
Publisher : COLLEGIUM JUSTICIA INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65815/98766293

Abstract

This paper explores the role of public inclusion in shaping national climate projects in Indonesia, focusing on the ways in which citizens, local communities, and civil society organizations influence climate policy and action. As the global climate crisis intensifies, the effectiveness of national climate initiatives increasingly depends on broad public engagement, especially in nations like Indonesia, where diverse populations face varying levels of climate vulnerability. This study examines the extent to which public participation is integrated into the planning, implementation, and evaluation of key national climate projects, such as renewable energy transitions, deforestation reduction programs, and climate adaptation strategies. Using a combination of policy analysis, interviews with policymakers, and surveys of affected communities, the paper assesses how inclusive these projects are, particularly in terms of involving marginalized groups such as indigenous peoples, women, and low-income communities. Findings suggest that while public inclusion is often emphasized in climate rhetoric, actual participation is limited, with top-down approaches dominating many national projects. The study highlights the risks of excluding local knowledge and community priorities, particularly in areas where climate impacts are most acute. This research contributes to the growing discourse on climate justice by illustrating the importance of inclusive decision-making in ensuring that climate policies are both equitable and effective. The paper calls for stronger mechanisms for public participation in national climate planning to ensure that the green future envisioned in climate policies is truly inclusive and reflective of diverse societal needs.
Between Justice and Development: How the Indonesian Courts Are Handling Land Disputes in the Face of Industrial Expansion Asmarani Ramli; Aprila Niravita; Suhadi Suhadi
Indonesian Court and Justice Review Vol. 2 No. 3 (2025): August, 2025
Publisher : COLLEGIUM JUSTICIA INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65815/56wg3592

Abstract

Land disputes in Indonesia have intensified with rapid industrial expansion, infrastructure development, and agribusiness growth, often pitting local communities against state-backed corporate interests. This study analyzes how Indonesian courts adjudicate land conflicts, particularly those involving indigenous communities, smallholders, and rural populations affected by development projects. Employing case analysis, field observation, and interviews with litigants, judges, and legal aid providers, the research assesses the judiciary’s capacity to uphold land rights and environmental justice amid developmental pressures. Findings reveal a systemic bias favoring formal land title holders—typically corporations or state entities—over customary or informal land claims. Procedural barriers, lack of legal recognition for indigenous tenure, and limited judicial expertise on land law further disadvantage vulnerable claimants. While some progressive rulings exist, their impact remains limited due to weak enforcement and institutional fragmentation. This study’s novelty lies in its intersectional analysis of land, law, and development, offering a critical lens on how legal institutions mediate conflicts in resource governance. It argues that unless the judiciary is empowered and reoriented toward distributive justice, courts risk becoming instruments of dispossession rather than protectors of rights. The study contributes to wider debates on sustainable development, legal pluralism, and judicial independence in resource-rich developing countries.
Indigenous Land Rights and the Law: A Case Study of Conflict Between Development and Traditional Communities Aprila Niravita; Suhadi Suhadi
Indonesian Minority Justice Review Vol. 1 No. 2 (2024): April, 2024
Publisher : COLLEGIUM JUSTICIA INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65815/d7tan049

Abstract

This paper investigates the legal conflicts surrounding indigenous land rights in Indonesia, using a case study of a particular conflict between development projects and traditional indigenous communities. Land rights are a central issue for indigenous peoples in Indonesia, who often face displacement due to large-scale infrastructure, mining, and agricultural projects. The study examines the intersection of national laws, such as the Agrarian Law (1960) and the 2001 Law on Forestry, with indigenous customary land practices, focusing on a specific region where indigenous communities have contested development projects. Through interviews with indigenous leaders, local government officials, and legal experts, the paper evaluates the effectiveness of legal protections for indigenous land rights and the role of the state in balancing development with the rights of indigenous peoples. The findings reveal significant legal ambiguities regarding the recognition of indigenous land claims and the absence of adequate mechanisms for resolving conflicts between development and traditional land rights. The paper concludes by advocating for the formal recognition of indigenous land rights within the national legal framework, including the integration of customary laws into state law and greater consultation with indigenous communities in development planning.
Indigenous Land Rights and Environmental Justice in Indonesia: Balancing Development and Minority Protections Aprila Niravita; Suhadi Suhadi
Indonesian Minority Justice Review Vol. 2 No. 4 (2025): October, 2025
Publisher : COLLEGIUM JUSTICIA INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65815/ehgh5h74

Abstract

Indonesia’s rapid economic development has intensified land conflicts involving indigenous communities, raising critical questions about environmental justice and minority rights. This paper examines how indigenous groups assert land claims against corporate and governmental development projects, analyzing the legal frameworks, customary laws (adat), and community strategies employed to safeguard their territories. Fieldwork conducted in Central Kalimantan and West Papua includes interviews with local leaders, NGO workers, and policymakers. The research identifies systemic gaps in the recognition of indigenous land rights and explores the tensions between economic growth imperatives and social justice obligations. By situating the Indonesian case within the global discourse on indigenous rights and environmental sustainability, the study emphasizes the necessity of integrating minority protections into national development planning. The findings advocate for legal reforms, participatory policymaking, and community-based monitoring to ensure that environmental justice aligns with minority rights protection.
Beyond Recognition: Constitutional Failure and the Everyday Justice of Indigenous Peoples in Indonesia's Agrarian Conflicts Amiludin Amiludin; Suhadi Suhadi
Indonesian Minority Justice Review Vol. 3 No. 1 (2026): January, 2026
Publisher : COLLEGIUM JUSTICIA INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65815/hj0bfx59

Abstract

Constitutional recognition of indigenous peoples has not necessarily translated into effective protection against dispossession, land conflict, and resource exploitation. This article examines the gap between formal recognition and substantive justice in agrarian conflicts involving indigenous communities in Indonesia. The research asks why constitutional and statutory recognition frequently fails to provide effective remedies when indigenous territories overlap with state concessions, infrastructure projects, or corporate activities. Using a normative and socio-legal approach, the study analyzes constitutional provisions, legislation concerning indigenous peoples and natural resources, selected judicial decisions, and documented agrarian conflicts. The article argues that recognition-based approaches are insufficient when legal protection remains conditional upon complex administrative procedures and fragmented institutional authority. In practice, indigenous communities may be required to prove their existence, territorial boundaries, and customary status before accessing rights that should function as substantive guarantees. The analysis further demonstrates that the fragmentation of land, forestry, and local-government regimes creates structural barriers to effective remedies. The article therefore proposes a shift from recognition as a precondition toward recognition as an enforceable constitutional obligation accompanied by accessible remedies. It concludes that meaningful indigenous justice requires institutional coordination, stronger protection against dispossession, and judicial approaches that prioritize substantive equality over formalistic administrative classifications. The study contributes to debates on constitutionalism, indigenous rights, and transformative justice in Indonesia.
Women’s Land Rights in Indonesia: A Human Rights Perspective on Agrarian Reform Aprila Niravita; Souad Ezzerouali; Suhadi Suhadi; Amiludin Amiludin
Contemporary Issues on Indonesian Human Rights Law and Policy Vol. 2 No. 1 (2025): January, 2025
Publisher : COLLEGIUM JUSTICIA INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65815/32gshe70

Abstract

This paper critically examines women’s land rights in Indonesia, focusing on how agrarian reform policies intersect with gender equality and human rights. Despite significant legal advancements in gender equity, women in rural and agrarian communities face persistent challenges in securing land ownership and control. Drawing on case studies from various provinces, the study explores the impact of Indonesia’s agrarian reform programs on women’s access to land and their ability to participate in decision-making processes related to land use. It analyzes the legal framework governing land rights, particularly the 1960 Basic Agrarian Law, and assesses its effectiveness in ensuring gender-inclusive land distribution. The paper also examines how social norms, patriarchy, and cultural practices impede women’s rights to own and control land. Using a human rights perspective, it emphasizes the need for reforms that address these structural barriers and promote gender justice in land governance. The research advocates for the integration of a gender-sensitive approach into Indonesia’s agrarian policies, highlighting the importance of land rights as a fundamental aspect of women’s economic empowerment and social justice. The paper concludes by proposing policy recommendations aimed at securing women’s land rights and ensuring their full participation in the nation’s agrarian reform agenda.
Religious Freedom and Local Government Regulation in Indonesia: Assessing the Human Rights Impact of Permit Requirements for Houses of Worship Ridwan Arifin; Suhadi Suhadi
Contemporary Issues on Indonesian Human Rights Law and Policy Vol. 3 No. 3 (2026): July, 2026
Publisher : COLLEGIUM JUSTICIA INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65815/vmrt5e51

Abstract

The establishment and operation of houses of worship in Indonesia have periodically generated disputes concerning licensing, local regulations, community objections, and freedom of religion or belief. Although administrative requirements may serve legitimate planning purposes, their implementation can create unequal barriers for religious minorities. This article examines the human rights implications of local regulatory practices governing houses of worship. Using normative juridical and policy analysis, the study evaluates constitutional guarantees, administrative requirements, local government authority, and principles of equality and non-discrimination. The article argues that administrative procedures should not become indirect mechanisms for restricting the exercise of religious freedom. The study proposes a rights-based licensing framework based on objective criteria, transparent procedures, consistent application, and effective judicial or administrative remedies. Local governments should distinguish legitimate regulatory considerations from objections based solely on religious identity or majority preference. The article concludes that protecting freedom of religion requires not only constitutional recognition but also institutional mechanisms capable of preventing discriminatory implementation at the local level.
Co-Authors Amiludin, Amiludin Ananda Septya Nurullisa Anfal Kurniawan Aprila Niravita Arta Brilyan Musika Asmarani Ramli Dani Muhtada Dina Silvia Puteri Diwyacitta Nura Nugraha Febrianti Dwi Puspaningrum Haizul Ma'arif In’am Zaidi Meireza Aditya Chandra Mohammad Saleh Rayyan Alkhair Rendy Laputigar Ridwan Arifin Rodiyah - Rofi Wahanisa Sarah Atikasari Satrio Sakti Nugroho Souad Ezzerouali