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All Journal NOTARIUS Pandecta LAW REVIEW Mimbar Keadilan USU Journal of Legal Studies Widya Yuridika Berkala Bioteknologi Yurispruden: Jurnal Fakultas Hukum Universitas Islam Malang YURISDIKSI : Jurnal Wacana Hukum dan Sains Indonesian Journal of International Law Indonesia Law Review (ILREV) Jurnal Ilmu Hukum Warkat Journal of Law and Legal Reform
Setiawan Wicaksono, Setiawan
Fakultas Hukum Universitas Brawijaya, Malang, Indonesia
Arts Humanities Biochemistry, Genetics & Molecular Biology Health Professions Law, Crime, Criminology & Criminal Justice Social Sciences

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Legal Position of Land Tenure in Forest Areas with Special Purposes (Case Study: UB Forest, Tawangargo Village and Donowarih Village, Malang Regency): Kedudukan Hukum Penguasaan Tanah dalam Kawasan Hutan dengan Tujuan Khusus (Studi Kasus: UB Forest, Desa Tawangargo dan Desa Donowarih, Kabupaten Malang) Kusdinar, Iqbal Firdaus; Wicaksono, Setiawan; Adianto, Daru; Ulum, Muhammad Bahrul
WARKAT Vol. 5 No. 1 (2025): Juni
Publisher : Faculty of Law, Universitas Brawijaya

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Abstract

The establishment of the forest areas with specific purposes (KHDTK) is based on the Minister of Environment and Forestry Decision Number 196/Menlhk-PKTL/KUH/PLA.2/1/2020, dated January 22, 2020, regarding the designation of the Educational Forest Area within the protected forest and permanent production forest areas of Kepanjen Forest as the Education and Training Forest of Universitas Brawijaya covering an area of ​​544.74 hectares in Malang Regency, East Java Province. Land tenure within the forest area should be under the Ministry of Environment and Forestry (KLHK) based on the Boundary Marking Minutes. In reality, there is still land tenure within the forest area controlled by the community, where the land is inherited from previous generations and can be used for settlements. Land tenure has been ongoing since the Dutch colonial era in 1919, as confirmed by the Malang Regency Land Office, with the community occupying the location since 1937. The author aims to highlight the legal issues between Sumberwangi Hamlet in the administrative area of Donowarih Village and Sumbersari Hamlet in the administrative area of Tawangargo Village. Considering the history of the formation of Donowarih Village and Tawangargo Village, the establishment history of UB Forest, and the analysis of legal status overlaps between the villages and the UB Forest management, this research conducts a comparative analysis of the settlement regulations, correlating them with land or forest area utilization based on Forestry Law Number 41 of 1999 and Village Law Number 6 of 2014.
Paradigm Transformation in Land Area of Plantation Cultivation Right from Agrarian Basic Law to Job Creation Law wicaksono, setiawan; Imam Koeswahyono; Iwan Permadi; Hanif Nur Widhiyanti
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 21 No. 3 (2025): December
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v21i3.312

Abstract

The regulation of land area for plantation cultivation rights (Hak Guna Usaha/HGU) has changed from 1960 to 2023. Paradigm theory is one of the theories that examines why and what reasons lie behind written regulations. When legal changes occur, a paradigm shift also takes place. This article addresses the issue of what paradigm is used to determine the land area for plantation cultivation rights in several laws and whether a paradigm shift has occurred. A normative research method is chosen to examine the provisions regarding the land area of cultivation rights in four laws. The analysis uses a systematic, conceptual, and historical approach. This study shows a shift in paradigm in the granting of cultivation rights, particularly from 1960, which emphasized social justice, to 2023, which prioritizes economic interests.
Implementation of Subsidized Housing Transfer Regulations Before Five Years: An Empirical Study on Subsidized Housing in Tangerang: Implementasi Pengaturan Peralihan Rumah Subsidi Sebelum Lima Tahun: Studi Empiris pada Perumahan Subsidi di Tangerang Putri, Ananda Salasa; Herlindah; Wicaksono, Setiawan
WARKAT Vol. 5 No. 2 (2025): Desember
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/warkat.v5n2.2

Abstract

Subsidized housing is a government-initiated housing program aimed at providing decent, affordable housing for low-income communities (MBR) to support family welfare. Article 55 paragraph (1) letter b of Law Number 6 of 2023, which ratifies Government Regulation in Lieu of Law Number 2 of 2022 on Job Creation, clearly prohibits the transfer of ownership of subsidized houses by recipients within five years. However, field findings indicate that early transfers still occur, both covertly and through informal agreements. This study aims to examine the implementation of this legal provision, specifically in subsidized housing in the Tangerang region. The research uses an empirical legal method with a sociological juridical approach. The findings show that the implementation has not been optimal. Legal violations persist, influenced by weak oversight and limited public understanding of the legal restrictions on subsidized housing transfers. Additional challenges include lack of inter-agency coordination and weak law enforcement. Recommended solutions include enhancing legal education for beneficiaries, strengthening supervision by relevant institutions, and developing a digital-based monitoring and reporting system to prevent future violations.
Co-Authors Adianto, Daru Ahmad, Md Yazid Budi Raharjo Endang Kusdiyantini Finishia, Arsella Fitriana, Dina Ganindha, Ranitya Hanif Nur Widhiyanti Hanif Nur Widhiyanti, Hanif Nur Herlindah Herlindah, Herlindah Hidayat, M. Choirul Imam Koeswahyono Iwan Permadi Kusdinar, Iqbal Firdaus M. Hamidi Masykur, M. Hamidi Muhammad Bahrul Ulum Muhammad Luthfi Olivia Nabila Sambas Putra, Zullfikri Ensa Putri, Ananda Salasa Putri, Cyndiarnis Cahyaning Rachmat, Sigit Nur Rehman, Nayila Reka Dewantara Rumi Suwardiyati Saraswati, A. A. A. Nanda Tobing, Dwinoven Lumban