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The Importance of Non-Conviction Based (NCB) Regulations For Asset Confiscation in Illegal Investment Ramli, Asmarani; Heriyanto, Dodik Setiawan Nur; Tamas, Fezer; Latifiani, Dian
Journal of Law and Legal Reform Vol. 5 No. 1 (2024): Contemporary Global Issues on Law Reform, Legal Certainty, and Justice
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.vol5i1.2089

Abstract

The purpose of this research is to find out the importance of Non-Conviction Based (NCB) asset confiscation management in illegal investment cases in Indonesia. NCB is a method of confiscating assets that allows the state to confiscation assets without a court order on past criminal convictions. This article argues that controlling the NCB is important to ensure the effectiveness of asset recovery in illegal investment cases and to prevent law enforcement officials from abusing their powers. This research uses a qualitative approach and examines relevant laws and regulations, court decisions and academic writings along with a brief description of the situation in the European Union. The findings in this study indicate that the existing laws and regulations in Indonesia for implementing NCB are inadequate. Hence, asset expropriation in illegal investment cases cannot be carried out without a court order on past criminal decisions. This study recommends making a law on asset confiscation for illegal investment cases that can provide clear criteria and procedures in civil procedural law for the use of the NCB mechanism similar to those exist in a number of EU Member States.
Edukasi Publik Tentang Pinjaman Online dalam Dinamika Pelayanan dan Regulasi di Desa Jati Kabupaten Magelang Ningsih, Ayup Suran; Rasdi, Rasdi; Niravita, Aprila; Anitasari, Rahayu Fery; Wedhatami, Bayangsari; Prabowo, Muhammad Shidqon; Ramli, Asmarani; Prayogo, Bagus Edi
DEDIKASI PKM Vol. 5 No. 1 (2024): DEDIKASI PKM UNPAM
Publisher : Universitas Pamulang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32493/dedikasipkm.v5i1.36570

Abstract

Perkembangan keuangan digital saat ini harus sejalan dengan peningkatan pengetahuan khususnya masyarakat yang berada di daerah. Untuk itu pengabdian ini dilakukan sebagai salah satu upaya memberikan lierasi keuangan digital. Kegiatan pengabdian dilakukan dengan metode ceramah dan diskusi yang sebelumnya telah dilakukan analisis masalah terlebih dahulu agar materi sosialisasi dapat sesuai dengan apa yang dibutuhkan. Hasil yang dicapai pada kegiatan pengabdian kali ini ada meningkatnya pemahaman tentang perkembangan perusahaan pinjaman daring, aturan hukum tentang pinjaman daring dan risiko yang mungkin muncul dari penggunaan pinjaman daring.
The Development of Agricultural Land Conversion: Legal Culture and Comparative Law in Indonesia and Nigeria Suhadi, Suhadi; Ramli, Asmarani; Dahlan, Tri Andari; Nnawulezi, Uche; Ajayi, Mary-Ann Onoshioke
Lex Scientia Law Review Vol. 8 No. 2 (2024): Advancing Justice, Rights, and Governance in a Digital and Decentralized World
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lslr.v8i2.13999

Abstract

Land conversion is an important issue in Indonesia and Nigeria, with significant economic, social and environmental impacts. The problem-solving approach to uncovering farmers' legal culture is done through a sociolegal approach, where the law is seen not limited to the text but also its context in reality in society. With the sociolegal approach, the values, attitudes and views (NSP) of farmers towards their agricultural land, towards LP2B policies, and the behaviour of farmers in the use and utilization of their agricultural land designated as sustainable food agricultural land can be revealed and constructed appropriately and adequately. This research aims to uncover how farmers' legal culture can be better integrated in the law enforcement of food agricultural land protection, as well as find ways to harmonize formal laws with local practices in order to achieve more effective and equitable land protection, in addition to comparing factors affecting land conversion in both countries, including urbanization, infrastructure and industrial development, and government policies. The economic impacts of land conversion include economic growth and job creation, but also threaten food security and farmers' livelihoods. Social impacts include land conflicts and changes in people's lifestyles, while environmental impacts include deforestation, erosion and flooding. Proposed solutions include stronger monitoring and law enforcement, community participation, and sustainable policies and empowerment programs for farmers. In conclusion, wise policies and active participation from all parties are needed to sustainably manage land conversion in Indonesia and Nigeria.
Mortgaging the Skies? Legal Status of Apartment Ownership in South Sumatra’s Financial Practices Sakti, Bima Bayu Putra; Ramli, Asmarani
Indonesian Journal of Agrarian Law Vol. 1 No. 1 (2024): March, 2024
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jal.v1i1.31080

Abstract

The development of vertical housing needs such as flats in big cities, including in the South Sumatra Province, encourages the importance of legal certainty over ownership and utilization of flat units in the national financing system. The Certificate of Ownership Rights for Flat Units (SHM Sarusun) is recognized as a property right that can be used as an object of debt collateral by being burdened with Mortgage Rights. This provision is regulated in Law Number 20 of 2011 concerning Flats and Law Number 4 of 1996 concerning Mortgage Rights (UUHT), and is an implementation of Article 51 of the Basic Agrarian Law (UUPA). Article 27 of the UUHT explicitly states that the imposition of collateral rights on flats and ownership rights on flat units is possible and legally valid. This study highlights the implementation of these provisions in South Sumatra, emphasizing how banks in this region utilize SHM Sarusun as credit collateral in the form of Flat Ownership Credit (KPRS). In practice, financial institutions consider aspects of ease of binding, certainty of value, ease of execution, as well as supervision and maintenance of collateral objects. Therefore, flats built on shared land, with legal individual ownership rights, have become an effective collateral alternative in the financing system in South Sumatra. This study shows that SHM Sarusun not only has a social function as a residence, but also has a strong and relevant economic value in supporting legal and guaranteed financing access.
Handling of Land Plots That Violate Protected Rice Fields: The Urgency of Law Enforcement and Food Security Protection Alhakim, Zidan Luqman; Ramli, Asmarani
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i1.6264

Abstract

Soil plays a crucial role in human life and the ecosystem, serving as a source of food, shelter, and regional regulation in Indonesia. Land use is governed by agrarian law, including the regulation of protected agricultural areas. However, violations related to the conversion of protected rice fields pose a significant threat to national food security. This study examines cases of land conversion in Semarang Regency, where land designated for protected rice fields has been misused for residential or commercial purposes, violating government regulations. The aim of this research is to analyze the legal implications of such violations and to provide policy recommendations to the National Land Agency. This research uses the empirical juridical method with a descriptive analytical approach. The results indicate that the conversion of protected rice fields has a detrimental impact on food security, reduces agricultural land, and affects farmers’ welfare. The study emphasizes the need for stronger legal enforcement and effective policy implementation by the National Land Agency to address land conversion issues. This research contributes to the efforts of land protection and the enforcement of agrarian law in Indonesia.
When Laws Exist but Certificates Do Not: Can Cross-Ministerial Collaboration Solve Transmigration Land Problems? Ramli, Asmarani; Nur Heriyanto, Dodik Setiawan; Tamas, Fezer; Latifiani, Dian; Sari, Liani
Jambe Law Journal Vol. 8 No. 2 (2025)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/90bne947

Abstract

The Indonesian transmigration program has many outstanding difficulties. The lack of transmigration land ownership certificates is a big issue. Transmigration land recipients have no land ownership guarantees. The Ministry of Agrarian Affairs and Spatial Planning/National Land Agency and the Ministry of Village, Development of Disadvantaged Regions, and Transmigration collaborate on transmigration land concerns. Using empirical legal research, this study examines the importance of legalizing transmigration land assets. This study fills a gap in existing literature by demonstrating how digital-based cross-ministerial collaboration functions as a legal-institutional mechanism to accelerate transmigration land legalization in Indonesia. This investigation found that 132,949 transmigration land holdings are uncertified. The Ministry of Agrarian Affairs and Spatial Planning/National Land Agency (ATR/BPN) and the Ministry of Villages, Development of Disadvantaged Regions, and Transmigration have unified transmigration land data. The Bhumi-GTRA portal provides spatial and legal information on transmigration land, showcasing the results of this collaboration. This research suggests that the government must immediately address transmigration land issues. Collaborating with relevant ministries on transmigration land will help legalize its assets
Legal Resolution of the Land Dispute over Former Recht Van Eigendom of Taman Sriwedari Surakarta and the Solo City Government Utomo, Chelsy Naristya; Ramli, Asmarani; Suhadi, Suhadi
Indonesian Journal of Agrarian Law Vol. 3 No. 1 (2026): March, 2026
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jal.v3i1.41789

Abstract

Sriwedari Park in Surakarta is a cultural heritage area that has high historical and social value, but has experienced a prolonged land dispute since 1970. This study aims to analyze the settlement of the land dispute of the former Recht van Eigendom (RvE) Verponding No. 259 between the heirs of KRMT Wirjodiningrat and the Solo City Government. The object of the research is the process of converting colonial land rights into national rights based on the Basic Agrarian Law (UUPA), as well as the legal and policy dynamics surrounding the dispute. The research method used is an empirical juridical approach. The results of the study show that although the process of conversion of rights has been in accordance with the law through the issuance of Building Rights (HGB) No. 22 in 1965, the Solo City Government continues to control the land factually and issue the right of use unilaterally, even though it has been defeated in a series of court decisions to the level of review. Non-compliance with court rulings reflects weak law enforcement and the dominance of local political interests over citizens' property rights. This study concludes that dispute resolution requires political commitment from local governments, intervention from supervisory institutions, and administrative and juridical restitution of rights to heirs.