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All Journal International Journal of Social Service and Research International Journal of Educational Review, Law And Social Sciences (IJERLAS) Multidiciplinary Output Research for Actual and International Issue (Morfai Journal) International Journal of Economic, Business, Accounting, Agriculture Management and Sharia Administration (IJEBAS) International Journal of Social Science, Educational, Economics, Agriculture Research, and Technology (IJSET) The International Conference on Education, Social Sciences and Technology (ICESST) Journal of International Islamic Law, Human Right and Public Policy Jurnal Pengabdian Masyarakat Multi Disiplin Ilmu International Journal of Society and Law The Journal of Information Technology, Computer Science, and Electrical Engineering Journal of Accounting Research, Utility Finance and Digital Assets (JARUDA)
Gloria Gita Putri Ginting
Univerisitas Pembangunan Panca Budi
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PROTECTION OF INDIGENOUS PEOPLES' RIGHTS TO CUSTOMARY LAND AMIDST INVESTMENT AND AREA EXPANSION Gloria Gita Putri Ginting; Ari Prabowo
International Journal of Economic, Business, Accounting, Agriculture Management and Sharia Administration (IJEBAS) Vol. 3 No. 6 (2023): December
Publisher : CV. Radja Publika

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This study aims to analyze the forms of legal protection for the rights of indigenous peoples to customary land amidst increasing investment and regional expansion, while simultaneously formulating strengthening measures that can maintain legal certainty and justice for indigenous peoples. The study uses a normative legal method with a statutory approach, a case approach, and a conceptual approach. Primary legal materials include the 1945 Constitution of the Republic of Indonesia, the Basic Agrarian Law, the Human Rights Law, Regulation of the Minister of Agrarian Affairs and Spatial Planning or the Head of the National Land Agency Number 14 of 2024, and Constitutional Court Decision Number 35/PUU X/2012. Data are analyzed qualitatively through systematic and teleological interpretation to examine the relationship between the recognition of customary rights, land governance, investment, and human rights protection. The results of the study indicate that customary land has a fairly strong basis for recognition in the Indonesian legal system, but its implementation still faces obstacles in the form of complicated recognition procedures, overlapping maps and permits, limited access to information, unequal bargaining positions, and consultations that do not always reflect the free and conscious consent of the community. Protection needs to be strengthened through participatory mapping, integration of customary territory data into spatial planning and licensing systems, meaningful consultation, independent legal assistance, equitable benefit-sharing agreements, and effective complaint and redress mechanisms. This approach ensures that investment can proceed without compromising the sustainability of livelihoods, cultural identity, and collective rights of indigenous communities.
LEGAL CERTAINTY OF ELECTRONIC CERTIFICATES IN PREVENTING LAND DISPUTES IN INDONESIA Gloria Gita Putri Ginting; Etty Sri Wahyuni
International Journal of Economic, Business, Accounting, Agriculture Management and Sharia Administration (IJEBAS) Vol. 4 No. 5 (2024): October
Publisher : CV. Radja Publika

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This study aims to analyze the legal certainty of electronic certificates as an instrument for protecting land rights and to examine their role in preventing land disputes in Indonesia. The development of digitalization of land administration through the implementation of electronic certificates is expected to improve data security, accelerate services, and minimize the risk of forgery, overlapping ownership, and administrative errors, which have been the main causes of land disputes. This study uses a normative legal research method with a statutory approach, a conceptual approach, and a case approach. Data were obtained through a literature review of laws and regulations, court decisions, and various scientific literature related to land law and the transformation of digital-based land services. The results show that electronic certificates have the same legal force as conventional certificates as long as they are issued in accordance with applicable laws and regulations. The electronic system also guarantees data authentication, integrity, and security, thereby strengthening legal certainty for land rights holders. However, the effectiveness of electronic certificates in preventing land disputes is still influenced by the readiness of technological infrastructure, the quality of land data validation, the competence of human resources, and the level of public trust in the digital system. Therefore, strengthening regulations, improving cybersecurity, and continuously updating land databases are important factors in realizing legal certainty and reducing the potential for land disputes in Indonesia.
Co-Authors Ari Prabowo Aulia Aulia Ayu Kurnia Sari br.Purba, Nurbela Deri Sembiring Dilla Aningrum Etty Sri Wahyuni Henry Aspan Mhd. Azhali Siregar Muhammad Juang Rambe naufal arif pratama Nur Asiah Nurbela br. Purba Nurbela br.Purba Nurwijayanti Pratama, Naufal Arif Purba, Nurbela br. Putri, Satya Eka Sari, Ayu Kurnia Satya Eka Putri