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All Journal Al-Manhaj: Jurnal Hukum dan Pranata Sosial Islam Jurnal Hukum dan Keadilan
Rahmad, Agus
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Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice

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The Application of Omnibus Law in Land Regulation Reform Efforts Rahmad, Agus; Nuraya, Adha; Syam, Fauzi
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol 6 No 1 (2024)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v6i1.4233

Abstract

The times provide mandatory demands for laws in Indonesia to develop in accordance with the needs of today's society. However, in reality there are still many rules that intersect with each other and cause legal uncertainty. To deal with this, Indonesian law must be ready to adjust to the renewal of the legal system through omnibus law due to the accumulation of regulations. This research aims to open a new perspective in the implementation of omnibus law on land regulations that have been overlapping, resulting in the absence of legal harmonization. The research method is conducted with a normative juridical approach. The type of approach used is the statute approach. The legal materials used are primary legal materials, secondary legal materials, and tertiary legal materials. Data collection techniques are carried out by means of literature studies related to research both from laws, scientific works and books. The results of this study indicate that the implementation of the omnibus law is a solution to the overlapping land regulations in Indonesia which must be accompanied by synergy and coordination from various institutions in order to create legal certainty.
HARMONISASI HUKUM ADAT HUKUM PERTAHANAN NASIONAL TERKAIT KEPEMILIKAN TANAH DALAM RANGKA PROYEK STRATEGIS NASIONAL Rahmad, Agus
Jurnal Hukum dan Keadilan Vol. 1 No. 1 (2023): JHK-December
Publisher : PT. Hafasy Dwi Nawasena

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61942/jhk.v1i1.43

Abstract

Based on the infrastructure development plan, there are 201 national strategic infrastructure projects, including toll roads, ports, airports, railways, industrial estates, economic zones, housing, dams, irrigation networks, drinking water sector, sanitation, sea wall industry, energy sector, technology industry and education. The research utilizes a normative juridical approach. Land in Indonesia is regulated in the Basic Law on Agriculture which contains customary law, especially the recognition of customary rights as stated in Article 5 of the Basic Law on Agriculture which stipulates that the agrarian law that applies to land, water and space is customary law, as long as it does not conflict with national and state interests based on the basis of national unity, with the socialism of the Indonesian Union and with the provisions in this law and other regulations, everything taking into account factors based on religious law. The normative juridical approach is an approach that is carried out based on the main legal material by examining theories, concepts, legal principles and laws and regulations related to this research. Customary law has an important role in the development of national agricultural law, especially the Basic Agricultural Law (UUPA) which is the basis and guidelines in regulations relating to agricultural practices.
The Application of Omnibus Law in Land Regulation Reform Efforts Rahmad, Agus; Nuraya, Adha; Syam, Fauzi
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 6 No. 1 (2024)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v6i1.4233

Abstract

The times provide mandatory demands for laws in Indonesia to develop in accordance with the needs of today's society. However, in reality there are still many rules that intersect with each other and cause legal uncertainty. To deal with this, Indonesian law must be ready to adjust to the renewal of the legal system through omnibus law due to the accumulation of regulations. This research aims to open a new perspective in the implementation of omnibus law on land regulations that have been overlapping, resulting in the absence of legal harmonization. The research method is conducted with a normative juridical approach. The type of approach used is the statute approach. The legal materials used are primary legal materials, secondary legal materials, and tertiary legal materials. Data collection techniques are carried out by means of literature studies related to research both from laws, scientific works and books. The results of this study indicate that the implementation of the omnibus law is a solution to the overlapping land regulations in Indonesia which must be accompanied by synergy and coordination from various institutions in order to create legal certainty.
Co-Authors Fauzi Syam Nuraya, Adha