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All Journal Jurnal Hukum Lex Generalis SENTRI: Jurnal Riset Ilmiah
Rudy Iskandar Ichlas
Universitas Muhammadiyah Kendari
Aerospace Engineering Humanities Computer Science & IT Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice

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Keabsahan Penerbitan Izin Usaha Pertambangan di Kabupaten Konawe Kepulauan Mirdan Mirdan; Rudy Iskandar Ichlas; Nur Nashriany Jufri; Wahyudi Umar
Jurnal Hukum Lex Generalis Vol 5 No 11 (2024): Tema Hukum Lingkungan
Publisher : CV Rewang Rencang

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Abstract

This study examines the legality of the IUP issuance process in Konawe Islands Regency, identifies potential administrative and legal violations, and provides recommendations to strengthen regulatory compliance. The research method used is normative juridical with a legal and case study approach. The results show that most IUPs in Konawe Islands Regency are issued without meeting administrative requirements, such as adequate environmental studies and consultations with affected communities. In addition, inconsistencies were found in the licensing process, such as procedural violations by the authorities that caused conflicts of interest and losses to the local community. This shows that there is a gap in the supervision and implementation of regulations.
Kepastian Hukum Sertipikat Hak Atas Tanah di Atas Laut Nita Anggraini; Rudy Iskandar Ichlas; Multi Sri Asnani
SENTRI: Jurnal Riset Ilmiah Vol. 4 No. 12 (2025): SENTRI : Jurnal Riset Ilmiah, Desember 2025
Publisher : LPPM Institut Pendidikan Nusantara Global

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55681/sentri.v4i12.5203

Abstract

This study examines the regulatory challenges arising from the utilization of marine space for the construction of permanent buildings and their implications for the exercise of state authority in Indonesia. The problem emerges from a normative dualism between agrarian law and maritime law. The Basic Agrarian Law confines the regime of land rights and state control to terrestrial areas, while maritime regulations merely regulate the administrative licensing of marine space utilization without recognizing permanent legal rights. This regulatory gap creates legal uncertainty and constrains government institutions from acting consistently with the principle of legality, particularly in determining the legal status of permanent structures built over water, such as the Al-Alam Mosque in Kendari. The research aims to analyze the impact of this normative vacuum on governmental authority in providing legal certainty and to assess the juridical consequences resulting from the absence of a clear legal basis governing permanent buildings in marine areas. A normative juridical method is employed, using statutory analysis and conceptual approaches to examine regulatory hierarchy, coherence between legal regimes, and the scope of administrative authority in managing marine space. The findings reveal that the absence of explicit norms regulating the legal status of marine space for permanent structures prevents government bodies from issuing legally sustainable decisions that ensure long-term protection. The study contributes to legal discourse by clarifying structural weaknesses within the existing regulatory framework and provides practical insights for policymakers by emphasizing the urgency of establishing integrated legal instruments to ensure legal certainty, and institutional coherence.
Co-Authors Ahmad Rustan Jefri Jefri jufri, nur nashriany Mirdan Mirdan Multi Sri Asnani Nita Anggraini Nur Nashriany Jufri Saepullah Saepullah Wahyudi Umar