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All Journal JURNAL MAGISTER HUKUM UDAYANA International Journal of Islamic Education, Research and Multiculturalism (IJIERM) Warkat Journal of Law and Legal Reform
M. Hamidi Masykur, M. Hamidi
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Religion Aerospace Engineering Arts Humanities Computer Science & IT Decision Sciences, Operations Research & Management Education Law, Crime, Criminology & Criminal Justice Other

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Resolving Disputes Arising from Land Acquisition for Public Purposes Involving Indigenous Peoples in the Nusantara Capital Region Permadi, Iwan; Masykur, M. Hamidi; Herlindah, Herlindah; Wicaksono, Setiawan; Ahmad, Md Yazid
Journal of Law and Legal Reform Vol. 5 No. 2 (2024): Justice and Law Reform in Various Perspectives
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v5i2.731

Abstract

This research endeavors to investigate the intricate process of dispute resolution pertaining to conflicts that emerge between indigenous communities inhabiting the candidate site for the State Capital (Nusantara Capital City) and the Nusantara Capital Authority, a ministry-level institution endowed with the responsibility of overseeing regional administration within the Nusantara Capital City. Spanning an expansive 256,142 hectares of land, the Nusantara Capital City landscape harbors a mosaic of 17 indigenous communities in North Penajam Paser Regency and 34 indigenous communities in Kutai Kertanegara Regency, collectively comprising over 20,000 members, as documented by the Indigenous Peoples Alliance (Aliansi Masyarakat Adat). The procurement of land for the Nusantara Capital City's expansion has engendered protracted conflicts, notably pertaining to the resettlement of indigenous communities and the determination of suitable compensation areas. These conflicts persist without the presence of regulatory safeguards that could protect the rights and interests of indigenous communities while satisfying the exigencies of Nusantara Capital City development. The Indigenous Peoples Draft Law, despite its relevance, fails to address the intricacies of resolving disputes arising from land acquisition for public purposes. Similarly, the existing frameworks for land acquisition designed for public interest do not adequately address conflicts involving indigenous communities that lack legal recognition. Consequently, this research endeavors to propose a comprehensive conflict resolution framework rooted in the fundamental human rights of indigenous peoples, while also accommodating the imperatives of developmental investment. This approach seeks to strike a harmonious balance between the preservation of indigenous rights and the fulfillment of Nusantara Capital City's development needs.
Legal Reform the Meaning of Final and Binding Decisions of the Consumer Dispute Resolution Agency (Review of the Consumer Protection Act and Supreme Court Cassation Decision) Rehman, Nayila; Masykur, M. Hamidi; Wicaksono, Setiawan
Journal of Law and Legal Reform Vol. 5 No. 2 (2024): Justice and Law Reform in Various Perspectives
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v5i2.2508

Abstract

Consumer disputes in Indonesia can be resolved outside the court system through the Consumer Dispute Settlement Agency (BPSK), which issues decisions considered final and binding. Despite this, the legal framework permits objections to these decisions at the District Court, and further appeals to the Supreme Court, leading to considerable legal uncertainty. This research seeks to clarify the true nature of final and binding as applied to BPSK decisions under Article 54(3) of Law 8/1999. Utilizing a normative juridical approach with both statute and case law analysis, the study highlights a critical inconsistency: the finality of BPSK decisions does not align with the finality of Constitutional Court decisions. While regulations such as Kepmen 350/2001 and Perma 1/2006 were introduced to address these issues, BPSK still encounters practical difficulties in implementing Law 8/1999 effectively. The urgency of this research is underscored by the ongoing legal ambiguity surrounding BPSK decisions, which undermines public confidence and the effectiveness of the dispute resolution process. The findings reveal that despite regulatory attempts, the current legal framework fails to provide the necessary clarity and consistency. To address these challenges and enhance legal certainty for the public, this study advocates for a revision of the Consumer Protection Act (UUPK). Such a revision would ensure a more coherent and reliable framework for final and binding decisions by BPSK, thereby improving the overall efficacy of consumer dispute resolution in Indonesia.  
Analysis of the Implementation of Article 22 Paragraph (2) of ATR/BPN Ministerial Regulation Number 6 of 2018 on Complete Systematic Land Registration (PTSL): Limitations and Challenges in Recording Proof of Community Land Ownership Taufiq, Fida Nabilah; Masykur, M. Hamidi; Supriyadi
International Journal of Islamic Education, Research and Multiculturalism (IJIERM) Vol 6 No 1 (2024)
Publisher : The Islamic Education and Multiculturalism Foundation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/ijierm.v6i1.313

Abstract

The problem of incomplete or non-existent land ownership proof among the community has arisen in one of the villages in Sidoarjo Regency. This is rooted in the registration of land through the Comprehensive Systematic Land Registration (PTSL) program by one of the heirs named "A". After the issuance of the certificate, other heirs raised objections regarding land ownership, leading to an unresolved dispute until now. This situation is not in line with the intended purpose of land registration, given that Indonesia has comprehensive regulations governing land matters, including dispute resolution. The persistent delay in resolving the dispute raises questions about whether there is a regulatory mismatch or implementation issues within the PTSL program. This research adopts a socio-legal research method with a socio-legal sociology approach and legal data collection techniques such as interviews, observations, and document analysis conducted at the Sidoarjo Regency ATR/BPN Office. The population includes employees of the ATR/BPN Office in Sidoarjo Regency, with samples selected purposively from the General and Personnel Substantive Group Coordinator or the PTSL Program committee or appointed officials. The research findings will be analyzed using descriptive legal data analysis. The results indicate that the implementation of the PTSL program aligns with existing regulations, despite encountering some obstacles. The identified challenges include disputes related to data forgery, conflicts among heirs, discrepancies in land measurement processes, and land occupation by individuals other than the direct owners. The ATR/BPN Office in Sidoarjo addresses these challenges by mediating disputes before PTSL registration to reach agreements. In cases where no consensus is reached, the registration process is postponed until a resolution is achieved between the parties. Additionally, in post-PTSL certificate issuance disputes, mediation is employed, and if no agreement is reached, the category may be downgraded from K2 to K1, or legal proceedings may be pursued to determine rightful ownership of the land parcel.
The Nature of the Notary as a Mediator in the Settlement of Disputes Between Parties Aqmadea Eshafia, Shella; Masykur, M. Hamidi; Susilo, Hariyanto
International Journal of Islamic Education, Research and Multiculturalism (IJIERM) Vol 6 No 2 (2024)
Publisher : The Islamic Education and Multiculturalism Foundation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/ijierm.v6i2.340

Abstract

The position of notary as a mediator in its application does not contradict the law against religious norms, decency or suitability that can cause the honor and dignity of the notary position. Apart from that, the authority of a notary to resolve disputes through mediation and act as a mediator is not regulated in the provisions of the UUJN or related regulations, so that in this case there is a legal vacuum (rechtsvacuum) which has an impact on the absence of legal certainty for notaries in carrying out their duties to become mediators and resolve disputes outside the court. Therefore, a clear regulation is needed for notaries to carry out their duties and positions as mediators. The research method that will be used in this research is a type of normative juridical research, according to Ishaq, normative juridical research essentially examines the law conceptualized as norms or rules that apply in society, and become a reference for the behavior of everyone, this type of research is also called library research, theoretical / dogmatic research. Briefly related to the conclusions obtained by the author that although Article 15 and Article 17 of the UUJN do not explicitly prohibit notaries from acting as mediators, many notaries act as mediators based on the agreement of the parties to the dispute. This role provides an opportunity for notaries to be involved in dispute resolution by making a deed of peace that reinforces the results of the mediation
Optimization of Liability for Companies That Do Not Implement Corporate Social Responsibility Jeremy Samuel Pangkey Sondakh; Masykur, M. Hamidi; Widhiawati, Dyah
International Journal of Islamic Education, Research and Multiculturalism (IJIERM) Vol 7 No 1 (2025)
Publisher : The Islamic Education and Multiculturalism Foundation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/ijierm.v7i1.457

Abstract

In the context of the global economy, the implementation of Corporate Social Responsibility (CSR) not only serves as a moral responsibility, but has also become a legal obligation in various jurisdictions, including Indonesia. Indonesian regulations show inconsistencies in the use of CSR terms, scope, and enforcement mechanisms, as reflected in Law No. 40/2007 on Limited Liability Companies (UUPT) and Law No. 25/2007 on Capital Investment (UUPM). The UUPT limits CSR obligations to companies engaged in natural resources, while the UUPM requires CSR for all investors, regardless of business sector. This lack of synchronization creates a legal loophole that allows companies outside the natural resources sector to avoid CSR obligations. In addition, the sanction mechanism for companies that do not implement CSR is still weak, so compliance with this regulation tends to be low. This research aims to analyze the optimization of liability for companies that do not implement CSR in Indonesia through a normative juridical approach. The main findings show that legal uncertainty in CSR regulations has an impact on ineffective implementation and is often only symbolic. Some companies still consider CSR as a mere image strategy, with no real impact on society and the environment. Therefore, more stringent regulatory harmonization and more effective law enforcement mechanisms are needed. Policy revisions, strengthening sanction mechanisms, and increased supervision by relevant authorities can improve corporate compliance with Corporate Social Responsibility (CSR).
Application of the Principle of Nationality in the Ownership of Flat Units by Foreigners Yunas, Sarah Safira; Koeswahyono , Imam; Masykur, M. Hamidi; Ikaningtyas
WARKAT Vol. 5 No. 1 (2025): Juni
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The regulation of space ownership, particularly for foreigners owning apartment units in Indonesia, lacks clear substance in Law No. 6 of 2023 (Omnibus Law) and its derivatives. This is due to the principle of Nationality, which is the main principle in acquiring property rights based on the Agrarian Law Policy. Although foreigners’ property ownership rights are limited, this raises conflicts as stated in Article 9 paragraph (1) of the Agrarian Law. This research employs normative juridical method with statute and conceptual approaches to address these issues. The analysis of legal materials and regulations found that the Agrarian Law asserts that foreigners can only obtain the Right to Use land. However, the Agrarian Law lacks dynamism when applied to space ownership rights. Ministry of Land Regulation No. 29 of 2016 offers a solution by limiting foreigners’ ownership of apartment units to the Right to Use Apartment Units (RIGHT TO USE A FLAT UNIT). This process differs from that for Indonesian citizens, which is based on the principle of Nationality. After this regulation was repealed, the Omnibus Law (OMNIBUS LAW) and its derivatives failed to provide concrete legal certainty and overlooked the principle of Nationality. Omnibus Law disregards the principle of Nationality and conflicts with the Agrarian Law and the Apartment Law (UU Rusun) as foundational regulations (lex specialis derogate legi generali).
Kedudukan Akta Perdamaian dalam Penanganan dan Penyelesaian Kasus Pertanahan Mahardhika, Elgha Kusuma; Masykur, M. Hamidi; Supriyadi, Supriyadi
Jurnal Magister Hukum Udayana (Udayana Master Law Journal) Vol 13 No 3 (2024)
Publisher : University of Udayana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/JMHU.2024.v13.i03.p03

Abstract

Article 28 D paragraph (1) of the 1945 Constitution of the Republic of Indonesia is the basis for the implementation of legal protection in Indonesia, including in terms of holding land mediation which is regulated in the Regulation of the Minister of Agrarian Affairs and Spatial Planning Number 21 of 2020 concerning Handling and Settlement Land Cases. In this article, the author's aim is to review the provisions of mediation, especially regarding the position of the peace deed in the Ministerial Regulation in terms of the concept of mediation in Indonesia which is regulated in the Civil Code, HIR and supreme court regulations. The first result of the research in this paper is that the Peace Deed, although not explicitly required, needs to be registered with the court in order to obtain a Peace Decision as a requirement for administrative recording at the National Land Agency. Meanwhile, secondly, the technical mediation in the Ministerial Regulation is in line with the concept of mediation which is generally applied referring to the Civil Code, HIR and supreme court regulations
Co-Authors Ahmad, Md Yazid Aqmadea Eshafia, Shella Herlindah, Herlindah Ikaningtyas Iwan Permadi Jeremy Samuel Pangkey Sondakh Koeswahyono , Imam Mahardhika, Elgha Kusuma Rehman, Nayila Setiawan Wicaksono, Setiawan Supriyadi Supriyadi Supriyadi Susilo, Hariyanto Taufiq, Fida Nabilah Widhiawati, Dyah Yunas, Sarah Safira