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Journal : Kajian Ilmiah Hukum dan Kenegaraan

Analisis Hukum Hilangnya Hak Kepemilikan Tanah Masyarakat Pesisir Bintan Akibat Peraturan Agraria Nuriani, Lia; Suryadi, Suryadi; Sudiarni, Sudiarni
Kajian Ilmiah Hukum dan Kenegaraan Vol. 2 No. 2 (2023): Desember
Publisher : Penerbit Goodwood

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/kihan.v2i2.2415

Abstract

Purpose: To explain the struggle in obtaining and utilizing natural resources, including land, the current legislation is unable to protect the rights of the community and tends to give more rights to the owners. Methods: This research is typical (normative). Primary legal materials, or primary legal materials that have authority, and secondary legal materials are two types of research sources Result: The government must also play a role in placing land along the coast because someone must regulate land to ensure the safety of people living along the coast. Agrarian regulations for coastal communities have legal certainty regarding the possibility of eliminating land rights if the land is given to the state and destroyed. The allocation, use, provision and maintenance of land are all regulated and managed by the state. Limitations: Law Number 27 of 2007 concerning Management of Coastal Areas and Small Islands, management of coastal areas and small islands must have HP-3 (Coastal Water Management Rights) (UU PWP-PPK). Contribution: Basic Agrarian Regulations, promulgated based on Law no. 5 of 1960, provides legal certainty regarding the elimination of ownership rights to land when it is handed over to the state and destroyed.
Tinjauan Hukum Perjanjian Penitipan Barang yang Dilakukan melalui Anak Buah Kapal: Studi Kasus di Pelabuhan Punggur Kota Batam Nuriani, Lia; Suryadi, Suryadi; Budiyanti, Eka Rus
Kajian Ilmiah Hukum dan Kenegaraan Vol. 2 No. 2 (2023): Desember
Publisher : Penerbit Goodwood

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/kihan.v2i2.2416

Abstract

Purpose: This research was conducted to find out about the phenomenon of safekeeping of goods with Ship's Crew (ABK) in Punggur Harbor, Batam City. Methodology : This study uses a type or method of normative legal research, in which the research is carried out by examining legal materials related to cases of safekeeping of goods against Ship's Crews (ABK). Then after that it was continued by examining additional data in the form of interviews conducted with Ship's Crew (ABK) at Punggur Port, Batam City, which later became Normative-Empirical legal research. Result: The result is reveals that agrarian policies in Bintan have led to the loss of land ownership rights for many coastal communities due to lack of consultation, inadequate compensation, and insufficient protection of traditional land tenure systems. Limitation: The ship's crew is the other crew than the captain. The phenomenon of entrusting goods to ship crew is very common for people who are used to life in the port. So it is not uncommon for many Ship's Crew to be reluctant to reject things that are considered normal by the people around them. Contribution: The analysis aims to contribute to the ongoing debate on land rights and coastal development in Indonesia by providing a legal perspective on the issue. It also highlights the need for greater recognition of the rights of coastal communities in agrarian policies and regulatory frameworks.