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All Journal Journal of Social Science Journal Research of Social Science, Economics, and Management
Zudan Arief Fakrulloh
Universitas Borobudur, Indonesia
Religion Humanities Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Juridical Analysis Of Settlement Of Land Disputes Through Decisions Of Customary Institutions Asriadi Asriadi; Rineke Sara; Zudan Arief Fakrulloh
Journal Research of Social Science, Economics, and Management Vol. 2 No. 10 (2023): Journal Research of Social Science, Economics, and Management
Publisher : Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jrssem.v2i10.454

Abstract

The land is a natural resource that has a very important role because the land is needed by humans for various kinds of life interests such as living, farming, trying, and so on. The policy for the development of the land sector in Indonesia is essentially rooted in the provisions of the 1945 Constitution Article 33 paragraph (3) which reads "Earth, water and the natural resources contained therein are controlled by the state and used for the greatest prosperity of the people". To guarantee legal certainty in the field of land, Article 19 paragraph (1) of the UUPA stipulates: "To guarantee legal certainty, the government will carry out land registration throughout the territory of the Republic of Indonesia according to the provisions stipulated by government regulations". Even though it has been regulated in such a way, the problem of land disputes continues and will forever occur due to conflicts of various interests. In customary law communities, disputes that occur are resolved by deliberation and consensus through customary institutions. This study aims to determine (1) the existence of Customary Institutions in resolving disputes in indigenous peoples, and (2) the authority of customary institutions in resolving disputes in customary law communities.
Legal Protection Of Waqf (Wakaf) Land Through Act - Law No. 5 Of 1960 Concerning The Fundamental Regulations Of Agraries (Case Study Of Land In Semarang City) Dodi Irama; Zudan Arief Fakrulloh; Azis Budianto
Journal Research of Social Science, Economics, and Management Vol. 2 No. 10 (2023): Journal Research of Social Science, Economics, and Management
Publisher : Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jrssem.v2i10.456

Abstract

The land legal certainty is necessary to have a rule of law. This is because in every settlement of cases of conflicts and land disputes, certainty regarding the land is needed, including knowing the status of the land, who owns it, what the evidence is, and knowing its location and extent, to guarantee legal certainty regarding the matters mentioned above to avoid the existence of an acknowledgment and expropriation and a party that recognizes the unilateral land. Empowerment of Waqf in Indonesia, judging from the amount, the waqf property itself can be said to be quite large. Most of the items that will be waqf are plots of land that will be built by places of worship, Islamic educational institutions, cemeteries, or other things which are generally not cheap. Waqf objects have useful value, namely, they are managed by very good or modern management, but must be based on the Islamic Religion Shari'ah under the coordination of the Indonesian Waqf Board. This research method is research that uses a normative juridical research approach. This approach examines legal issues based on normative rules associated with existing conditions in society.
Law Enforcement In Overcoming Election Crime (Case Study Of Bawaslu, Semarang District) Redhi Setiadi; Megawati Barthos; Zudan Arief Fakrulloh
Journal Research of Social Science, Economics, and Management Vol. 2 No. 10 (2023): Journal Research of Social Science, Economics, and Management
Publisher : Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jrssem.v2i10.460

Abstract

The issues with upholding election law must be resolved comprehensively if elections are to be held in an honest and fair manner and if they are not to be delegitimized in the future. The first thing that must be done is to determine what is causing issues with law enforcement; After that, a comprehensive solution to this issue is sought, resulting in the establishment of a system of election law enforcement capable of guaranteeing free and fair elections. According to international democratic election standards, free and fair elections can be achieved if there are legal instruments that can protect organizers, participants, candidates, voters, observers, and citizens in general from fear and intimidation, violence, bribery, fraud, and other fraudulent practices that will affect the results of the election. This type of research is normative research. The approach used is a statutory approach (statute approach) and a conceptual approach (conceptual approach). Secondary data are used as the data source. Qualitative and descriptive methods were used to analyze the data. Conclusions are drawn using the deductive method, namely concluding from general to specific, especially those related to the research topic, namely law enforcement against election crimes. This research resulted in findings that future election legislation must re-clarify the notion of election administration violations. In this case, administrative violations can be divided into two major groups, namely minor administrative violations, and serious administrative violations.
Legal Accountability of Officials and Police For Damage or Loss of Seized Goods Ade Papa Rihi; Zudan Arief Fakrulloh
Journal of Social Science Vol. 5 No. 6 (2024): Journal of Social Science
Publisher : Syntax Corporation Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/jss.v5i6.955

Abstract

This research discusses the legal vacuum regarding the accountability of law enforcement officials, specifically the police, in the management of seized goods that have experienced damage or loss. The main focus of this research is to identify weaknesses in existing regulations and their impact on legal certainty and the protection of the rights of the owners of the goods. By analyzing the ambiguities in the laws and examining real case studies, this research finds that the legal vacuum leads to material losses for the owners and decreases public trust in law enforcement agencies. As a solution, the research recommends legal reforms through the establishment of clearer regulations regarding the obligations of seized goods managers to provide compensation, as well as strengthening administrative procedures and strict monitoring to create a fair and transparent legal system
Co-Authors Ade Papa Rihi Asriadi Asriadi Azis Budianto Dodi Irama Megawati Barthos Redhi Setiadi Rineke Sara