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All Journal International Journal of Health, Economics, and Social Sciences (IJHESS) YURISDIKSI : Jurnal Wacana Hukum dan Sains International Journal of Educational Review, Law And Social Sciences (IJERLAS) International Journal of Islamic Education, Research and Multiculturalism (IJIERM) Peradaban Journal of Law and Society Warkat Engagement: Jurnal Pengabdian Kepada Masyarakat
Herlindah
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LEGAL PROTECTION OF THE CUSTOMARY RIGHTS OF THE RIMBA PEOPLE IN JAMBI PROVINCE Hafiyyansah, Irfan; Nurajaya, I Nyoman; Herlindah
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 6 (2025): November
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i6.4907

Abstract

The state recognizes and protects Indigenous Law Communities (MHA) and their traditional rights in the constitution. One of the traditional rights held by MHA is customary rights. Some communities in Indonesia still live in groups and depend on the land/environment they recognize as customary rights. One of the Indigenous Law Communities is the Orang Rimba. The Orang Rimba live inside and outside forest areas, some of them still practice a semi-hunting-gathering culture and wander in the forest which they recognize as their living space. This study aims to examine the urgency of protecting the customary rights of the Orang Rimba and the implementation of the protection of their customary rights. Both issues are reviewed in normative juridical research, based on a set of regulations related to the recognition of MHA and customary rights that are still in effect in Indonesia. From the research conducted, it was found that the government has not fully provided legal protection for the customary rights of the Orang Rimba. The solution offered is a partnership agreement for area management and relocation of Orang Rimba settlements through the Remote Indigenous Community program.
Legal Protection for Housing Developers under Protected Rice Field Policy Nolanda Fadiahaya Trigosa; Herlindah; Indah Dwi Qurbani
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 21 No. 4 (2026): March In Progress
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v21i4.332

Abstract

This research examines the legal implications arising from the unilateral conversion of land ownership status into Protected Rice Fields (Lahan Sawah Dilindungi or LSD) in Madiun Regency following the issuance of the Decree of the Minister of Agrarian Affairs and Spatial Planning/National Land Agency (Decree of the Minister of ATR/BPN) Number 1589/SK-HK.02.01/XII/2021 of 2021. The designation creates legal uncertainty for housing developers who had previously obtained legal land rights based on Regional Regulation Number 9 of 2011 concerning the Spatial Plan of Madiun Regency for 2009–2029. The absence of synchronization between the LSD policy and the Regional Spatial Plan (RTRW) generates normative inconsistencies, resulting in legal and economic losses for developers. This study, therefore, seeks to analyze the legal status of the LSD designation and the forms of legal protection available for affected developers. Using a normative juridical method with statute, conceptual, and case approaches, the research analyzes primary, secondary, and tertiary legal materials through descriptive-analytical techniques employing grammatical and systematic interpretation. The findings show that the legal position of the Ministerial Decree is problematic in both authority and hierarchy. Although the Ministry of ATR/BPN possesses attributive authority to establish LSD, implementing such designation without harmonization with regional spatial planning constitutes an overextension of authority and ignores decentralization principles. As a result, the decree holds weak normative force and should be considered an administrative policy requiring alignment with regional regulations. Furthermore, legal protection for developers may be provided preventively through regulatory harmonization between RTRW and LSD policies, and repressively through administrative remedies or judicial review before the Administrative Court (PTUN), including claims based on on-rechtmatige overheidsdaad.
Co-Authors Brahmana, Sindy Sri Widyawati Sembiring Damayanti Asikin Ema Yunita Titisari Erdika, Lucy Fajran Bentearu Fauzan Feri Novriyal Fitriana, Dina Fitryane Lihawa Hafiyyansah, Irfan Heptari Elita Dewi Indah Dwi Qurbani Isra Cahayani Bahuwa Iswan Dunggio Iwan Permadi Marini Susanti Hamidun Mohammad Hamidi Maskur Nolanda Fadiahaya Trigosa Nur Meyla Ulfiana Botutihe Nurajaya, I Nyoman Pramadanty, Fathia Laely Putri, Ananda Salasa Salshabila, Annisa Setiawan Wicaksono, Setiawan Suhariningsih Susilo, Hariyanto Syeh Aries Fauzan Wisnuwardhani, Diah Aju Zein Setiawan Kadir