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All Journal Masalah-Masalah Hukum Jurnal IUS (Kajian Hukum dan Keadilan) Jambura Law Review Legal Protection for the Partnership Agreement Parties Sinov : Media Informasi Penelitian Kabupaten Semarang
Djohan, Naufal Hasanuddin
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Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice

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Constitutionality of Simultaneous Extension and Renewal of Land Rights Mahfud, Muh Afif; Djohan, Naufal Hasanuddin; Malik, Muhammad Fahad
Jurnal IUS Kajian Hukum dan Keadilan Vol. 12 No. 1: April 2024: Jurnal IUS Kajian Hukum dan Keadilan
Publisher : Magister of Law, Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ius.v12i1.1360

Abstract

One form of state control is to regulate the granting of land rights, including determining the subject of the right and the duration of a land right. The determination of the period of land rights must pay attention to equality of opportunity and access in acquiring and controlling land so as to create the greatest prosperity of the people as the goal of national agrarian law. This is a normative research that focuses on examining the harmony between regulations so that it uses a statute approach and conceptual approach. Therefore, primary legal materials and secondary legal materials obtained based on literature research are used. The data obtained was then analyzed based on content analysis. In this research, it is found that there are overlapping regulations between the Basic Agrarian Law, Governmental Regulation No. 40 of 1996, Agrarian Minister Regulation No. 18 of 2021 and Government Regulation No. 12 of 2023 regarding the extension and renewal of land rights at the same time. In addition, in reality, the simultaneous extension and renewal of land rights causes several things, namely: (1) legal uncertainty because there are regulations as the basis that collide with each other; (2) inequality and injustice for the community in accessing land; and (3) presents unconstitutionality because basically this policy has violated the Constitutional Court's decision.
The Expansion of Investor Access to Cultivation Rights: A Socio-Legal Analysis on Agrarian Injustice in Indonesia Mahfud, Muh.Afif; Djohan, Naufal Hasanuddin
Al-Risalah Vol 24 No 2 (2024): December 2024
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v24i2.1500

Abstract

Granting cultivation rights for investment interests and ignoring equitable distribution of land ownership can create injustice and agrarian conflict. This is socio-legal research to analyze agrarian conflict through an interdisciplinary lens. All the data obtained is analyzed qualitatively. Based on the study, disharmony is found between the Basic Agrarian Law, which regulates that cultivation rights can only be granted on state land, and the Job Creation Law, which stipulates that cultivation rights can be given over management rights. This overlapping regulation marks a difference in legal policy between the Job Creation Law, which wants to provide convenience to entrepreneurs, and the Basic Agrarian Law, which considers the strategic position of cultivation right so that it is merely granted on state land. This overlapping of legal policy creates legal uncertainty and brings economic implications, creating a higher land ownership inequality between entrepreneurs and the community. Higher landownership inequality brings social implications, namely, higher conflicts in the agrarian sector. This is not according to the principle of protection for weak parties in Indonesian Agrarian Law.
LEGAL RECONSTRUCTION FOR AUTONOMOUS VEHICLE USE IN INDONESIA: CHALLENGES AND SOLUTIONS IN THE AGE OF ARTIFICIAL INTELLIGENCE Djohan, Naufal Hasanuddin; Indarti, Erlyn; Malik, Muhammad Fahad
Masalah-Masalah Hukum Vol 54, No 1 (2025): MASALAH-MASALAH HUKUM
Publisher : Faculty of Law, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/mmh.54.1.2025.13-24

Abstract

This research explores the urgent need for a legal framework governing the use of Autonomous Vehicles (AVs) in Indonesia, focusing on the integration of Artificial Intelligence (AI) technologies in transportation. With traffic accidents accounting for a significant portion of global fatalities, the adoption of AVs powered by AI is seen as a potential solution to reduce human errors and enhance road safety. However, Indonesia’s existing traffic laws, primarily focused on conventional vehicles, lack provisions for AVs, creating a legal vacuum. This study compares the legal structures of AVs in the United Kingdom and Indonesia, highlighting the differences in recognition, liability, and regulation. Drawing on the concept of "Law as Integrity" by Ronald Dworkin, this paper argues for the construction of a new legal framework that integrates the evolving needs of society, technology, and legal principles. By applying a multi-disciplinary approach, the research emphasizes the importance of collaborative legal construction, involving government, academia, civil society, and manufacturers, to ensure safe, just, and efficient integration of AVs in Indonesia’s road systems. The study concludes with recommendations for regulatory reforms, including the establishment of specialized supervisory agencies and the mapping of AV operational areas.
The Expansion of Investor Access to Cultivation Rights: A Socio-Legal Analysis on Agrarian Injustice in Indonesia Mahfud, Muh.Afif; Djohan, Naufal Hasanuddin
Al-Risalah Vol 24 No 2 (2024): December 2024
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v24i2.1500

Abstract

Granting cultivation rights for investment interests and ignoring equitable distribution of land ownership can create injustice and agrarian conflict. This is socio-legal research to analyze agrarian conflict through an interdisciplinary lens. All the data obtained is analyzed qualitatively. Based on the study, disharmony is found between the Basic Agrarian Law, which regulates that cultivation rights can only be granted on state land, and the Job Creation Law, which stipulates that cultivation rights can be given over management rights. This overlapping regulation marks a difference in legal policy between the Job Creation Law, which wants to provide convenience to entrepreneurs, and the Basic Agrarian Law, which considers the strategic position of cultivation right so that it is merely granted on state land. This overlapping of legal policy creates legal uncertainty and brings economic implications, creating a higher land ownership inequality between entrepreneurs and the community. Higher landownership inequality brings social implications, namely, higher conflicts in the agrarian sector. This is not according to the principle of protection for weak parties in Indonesian Agrarian Law.
Land Bank in Indonesia: Disoriented Authority, Overlapping Regulations and Injustice Mahfud, Muh Afif; Djohan, Naufal Hasanuddin; Malik, Muhammad Fahad
Jambura Law Review VOLUME 6 NO. 2 JULY 2024
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jlr.v6i2.24166

Abstract

The Indonesian Lank Bank Agency (“Land Bank”) is a sui generis institution that has broad authority including providing convenience for investors and implementing agrarian reform based on the value of justice and legal certainty. This paper aims to analyze the disorientation of authority and overlapping regulations of the Land Bank, examine the Land Bank's authority based on the cybernetic concept of Talcott Parsons and deconstruct the Land Bank‘s authority in terms of the value of justice. This research is a normative study that uses secondary data collected through literature research and analyzed the data through content analysis. Based on the analysis, it is found that there is a disorientation of the Land Bank‘s authority as its authority to implement the agrarian reform aimed at creating equitable land ownership is contradictory to its authority to facilitate investments that use large areas of land. The implementation of agrarian reform by the Land Bank also faces overlapping regulations and authority. Based on Talcott Parsons' cybernetic concept, the Indonesian government prioritizes investment facilitation authority (economic subsystem) which has the highest energy and therefore ignore agrarian reform (social subsystem) which has lower energy. This is not in line with the principle of justice, namely partiality to the disadvantaged party since it prioritizes the interests of business entities as the more economically advantaged party and overrides the interests of people who do not own land or control land less than the minimum limit.
Perluasan Subjek Penerima Bantuan Hukum bagi Masyarakat Miskin dan Rentan dalam Meningkatkan Kesejahteraan di Kabupaten Semarang Djohan, Naufal Hasanuddin; Bima Satya Prawiranegara; Azkiya Nur Khariza
Media Informasi Penelitian Kabupaten Semarang Vol. 6 No. 2 (2024): Desember : Media Informasi Penelitian Kabupaten Semarang
Publisher : Badan Perencanaan Pembangunan, Riset dan Inovasi Daerah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/sinov.v6i2.836

Abstract

The subject of legal aid recipients, which is limited to the poor in Semarang Regency Regional Regulation Number 9 of 2020 concerning the Implementation of Legal Aid, opens opportunities for discriminatory and unjust law enforcement. This is due to the lack of efforts to bring basic rights, justice, and capabilities as widely as possible to the community, especially for those vulnerable in improving their welfare. Therefore, an in-depth exploration is needed to evaluate, revise, and harmonize legal aid regulations and enforcement in Semarang Regency to enhance the welfare of the poor and vulnerable. This normative research explains the relevance of expanding legal aid subjects to the value of justice, related regional regulations, and implementing legal aid through a legislative and conceptual approach. This research shows that (1) the expansion of legal aid recipient subjects is very relevant to the concepts of justice of John Rawls and Amartya Sen whose telos is the welfare of the people in Semarang Regency; (2) the expansion of legal aid recipient subjects in Semarang Regency has differences and should be adjusted to the subject of legal aid recipients in Central Java Province by adding vulnerable communities, instead of being limited to the poor; and (3) the next expansion of legal aid recipient subjects must be implemented consequently by the entire community including law enforcement based on the effectiveness of the legal system a la Lawrance Friedman, especially on the substance, structure and legal culture of legal aid implementation. Based on this, the Semarang Regency Regional Government can evaluate, revise, and harmonize the Semarang Regency Regional Regulation Number 9 of 2020 concerning the Implementation of Legal Aid to improve and expand the subjects of legal aid recipients through progressive and humanist policies in Semarang Regency.
Menata Regulasi Daerah: Analisis dan Evaluasi Hukum dalam Pembentukan Produk Hukum di Kabupaten Semarang Djohan, Naufal Hasanuddin
Media Informasi Penelitian Kabupaten Semarang Vol. 8 No. 1 (2026): Juli: Sinov: Media Informasi Penelitian Kabupaten Semarang
Publisher : Badan Perencanaan Pembangunan, Riset dan Inovasi Daerah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/sinov.v8i1.894

Abstract

Article 1 paragraph (3) of the 1945 Constitution of the Republic of Indonesia affirms Indonesia as a state based on law, yet in practice Indonesia's legal system faces a structural problem of hyperregulation and overregulation, characterized by massive regulatory proliferation and regulatory disharmony without adequate corrective mechanisms. This condition is likewise reflected in Semarang Regency, which has 673 active legal products with Regional Head Regulations dominating at 77.3%, while Regional Regulation No. 10 of 2021 on the Formation of Regional Legal Products has not yet accommodated a legal analysis and evaluation mechanism. This study aims to explore the urgency of regional regulatory reform through legal analysis and evaluation mechanisms and to construct an implementation model in Semarang Regency. This study employs a prescriptive socio-legal research method with an interdisciplinary approach. The findings indicate that this condition reflects the dominance of primary rules without adequate institutionalization of secondary rules within H.L.A. Hart's perspective, while simultaneously representing a dysfunction in legal substance with cyclical impacts on legal structure and legal culture according to Lawrence M. Friedman. Therefore, a regulatory governance-based analysis and evaluation model is needed, integrating the regulatory cycle from ex ante to ex post with multistakeholder coordination and evaluation grounded in BPHN's 6-dimension framework
Co-Authors Azkiya Nur Khariza Bima Satya Prawiranegara Erlyn Indarti, Erlyn Mahfud, Muh Afif Mahfud, Muh.Afif Malik, Muhammad Fahad