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All Journal JURNAL PEMBANGUNAN HUKUM INDONESIA Legalis : Journal of Law Review
Enny Martha Sasea
STIH Manokwari
Law, Crime, Criminology & Criminal Justice

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Communal Rights vs Regional Development: Pursuing Justice for Comunal Customary Land Marius Suprianto Sakmaf; Enny Martha Sasea; Atang Suryana; Zulhilmi Bin Paidi; Mira Novana Ardani
Jurnal Pembangunan Hukum Indonesia Vol 7, No 2 (2025)
Publisher : PROGRAM STUDI MAGISTER HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/jphi.v7i2.325-342

Abstract

This study is motivated by conflicts of authority in the management of natural resources, particularly Tanah Ulayat of indigenous communities, which are often inadequately protected in the course of development and resource exploitation, including illegal mining. The primary objective of this research is to examine the position and authority of the state in managing Tanah Ulayat, to identify the legal implications of illegal mining practices on Tanah Ulayat, and to formulate a legal framework that is both just and constitutional. The study employs a normative juridical method combined with a constitutional approach and an indigenous peoples’ rights perspective. The findings reveal a legal vacuum in the protection of Tanah Ulayat, particularly when mining activities are carried out with customary approval but without state authorization. In conclusion, there is an urgent need for a legal framework that is responsive, participatory, and grounded in the principles of simultaneous development and the recognition of communal rights.
Legal Challenges of Tapera Implementation in Indonesia: Toward an Equitable and Effective Housing Financing Scheme Alfrida Hasyim Alfrida; Enny Martha Sasea; Atang Suryana
Legalis : Journal of Law Review Vol. 2 No. 2 (2024): April 2024
Publisher : PT Penerbit Ilmiah Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61978/legalis.v2i2.250

Abstract

This research discusses the legal challenges in the implementation of Public Housing Savings (Tapera) in Indonesia. Tapera is regulated by laws and government regulations with the aim of providing affordable housing finance for all citizens, especially Low-Income Communities (MBR). However, there are several legal obstacles that need to be overcome, such as inconsistencies with existing laws and regulations, lack of provisions on the management of Tapera funds, and the absence of a special dispute resolution institution for Tapera. The research method used is qualitative analysis, using a literature study approach by conducting an in-depth review of relevant literature, including government regulations, research articles, and publications related to the implementation of the Public Housing Savings Program (Tapera). By using analysis such as relevant laws, regulations, and official documents Proposed solutions include harmonizing laws and regulations, formulating clear regulations on the management of Tapera funds, and establishing a dispute resolution institution. In addition, it is necessary to conduct extensive socialization and education about Tapera, and build adequate supporting infrastructure.
The Impact of Expedited Land Title Transfers on Legal Certainty and Ownership Disputes Fransina Bikio; Enny Martha Sasea; Gilang Ramadhan
Legalis : Journal of Law Review Vol. 2 No. 3 (2024): July 2024
Publisher : PT Penerbit Ilmiah Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61978/legalis.v2i3.284

Abstract

This research examines the legal impact of rapid land title transfers in Indonesia, which often neglect the detailed verification stage, leaving the door open for unauthorized parties to claim ownership or for entitled parties to be unfairly disenfranchised. The purpose of this research is to explore the conformity of the process of expeditious land title transfers with applicable legal provisions and identify the legality and legal consequences arising from such title transfers. This research utilizes a normative legal method with a descriptive-analytical approach. Primary data includes relevant laws and regulations such as the Basic Agrarian Law (UUPA) No. 5 of 1960 and the Government Regulation on Land Registration, as well as relevant jurisprudence. Secondary data consists of law books, law journals, scientific articles, and previous research reports that discuss similar topics. The results show that accelerated transfers of land rights that disregard legal procedures can lead to legal uncertainty and harm to entitled parties, thus requiring stricter law enforcement and more transparent procedures to ensure legality and fairness in every land transaction.
Co-Authors Alfrida Hasyim Alfrida Atang Suryana Fransina Bikio Gilang Ramadhan Marius Suprianto Sakmaf Mira Novana Ardani Zulhilmi Bin Paidi