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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum INFOKUM Best Journal of Administration and Management Media Hukum Indonesia (MHI)
Aksinuddin, Saim
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Humanities Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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EFFECTIVENESS OF ELECTRONIC TRIALS (E-COURT) IN BANDUNG STATE COURT ASSOCIATED WITH REGULATION OF THE SUPREME COURT OF THE REPUBLIC OF INDONESIA NUMBER 1 OF 2019 Aksinuddin, Saim
INFOKUM Vol. 11 No. 03 (2023): Juni : Engineering, Computer and Communication
Publisher : Sean Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58471/infokum.v11i04.1762

Abstract

This study aims to find out how the effectiveness of electronic trials (E-Court) at the Bandung District Court is related to Supreme Court Regulation Number 1 of 2019. This research includes a typology of empirical legal research. The research data was collected by collecting documents related to the effectiveness of electronic trials (E-court) at the Bandung District Court, then the data were processed and presented descriptively and analyzed qualitatively. The analysis was carried out using a normative empirical approach. The results of this study indicate that the researcher considers in terms of effectiveness according to effective standards which is the goal of procedural law according to expectations in Law Number 48 of 2009 concerning Judicial Powers, in which case an effective judiciary is a trial that is carried out simply, quickly, and at low cost, the impact of the application of Supreme Court Regulation Number 1 of 2019 concerning Administration of Cases and Trials in Electronic Courts against the enforcement of the provisions of Article 118 HIR is based on PERMA Number 3 of 2018 Regarding the administration of cases in court electronically, it is enhanced by PERMA Number 1 of 2019 concerning Administration of Cases and Trials in Electronic Courts. The Bandung District Court has implemented e-Court well in the case settlement process. The direct impact felt by justice seekers themselves is that through the implementation of e-court itself, it actually makes it easier for justice seekers to access and control the ongoing process while at the same time saving on litigation costs.
Kepastian Hukum Terhadap Kasus Tumpang Tindih Pada Sebagian Bidang Tanah Yang Dikuasai oleh Dua Pihak Pemilik Sertipikat Hak Milik Waluya, Carrissa Nurfaliza; Aksinuddin, Saim; Soleh, Yudi Prihartanto
Media Hukum Indonesia (MHI) Vol 2, No 3 (2024): September
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.11607805

Abstract

Since the enactment of the Basic Agrarian Law in 1960, Indonesia has established a national legal framework, replacing the colonial system that lacked legal certainty for its people. The integration of customary law principles was key in the development of national land law, balancing aspects of communal and individual ownership. Property rights to land are clearly outlined in the Basic Agrarian Law, facilitating the transfer of ownership. However, there are still cases of overlapping land certificates. This study adopts a juridical-normative research method, analyzing legislation on land registration. The research aims to deepen understanding of legal regulation and dispute resolution, in the hope of improving legal certainty and protection in land ownership in Indonesia. Overlaps in land titles are emerging as a significant problem. Factors such as absenteeism during land boundary mapping, certificate forgery, and unclear inheritance division contribute to this overlap. Addressing this issue requires appropriate measures. Data correction, mediation, re-survey, annulment of legal products, or litigation are potential solutions.
A Hak Guna Usaha di Ibu Kota Nusantara: Analisis Implikasi Hukum Agraria terhadap Fungsi Sosial Tanah dan Keberlanjutan Aksinuddin, Saim; Wiyono, Subelo
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.v24i1.5774

Abstract

The granting of Cultivation Rights (HGU) in the Nusantara Capital City (IKN) serves as a crucial instrument to support long-term investment aimed at achieving inclusive and sustainable national development. However, the extended duration of HGU, reaching nearly two centuries, poses significant challenges, particularly in ensuring the alignment of this policy with the principles of national agrarian law as stipulated in Law No. 5 of 1960 on Basic Agrarian Regulations (UUPA). Article 6 of the UUPA emphasizes that all land rights carry a social function, requiring the use of land to benefit the broader community. This study analyzes the agrarian law implications of granting HGU in IKN concerning social justice, environmental sustainability, and the protection of indigenous community rights. Using a normative juridical approach, the research examines Law No. 3 of 2022 on IKN, Government Regulation No. 12 of 2023, and the principles of national agrarian law. The findings indicate that while the HGU policy provides certainty for investors, it has the potential to create social disparities, disregard the rights of indigenous communities over customary land, and trigger the exploitation of natural resources, leading to ecosystem degradation. As a solution, the study recommends periodic evaluation mechanisms, protection of indigenous community rights through public consultations and fair compensation, as well as harmonization of agrarian regulations. The implementation of digital technology is also essential to enhance transparency and public participation. With inclusive, sustainable policies grounded in the social function of land, IKN can become a symbol of equitable and environmentally friendly national development transformation.
Complete Systematic Land Registration Aksinuddin, Saim
Best Journal of Administration and Management Vol 2 No 2 (2023): Best Journal of Administration and Management
Publisher : International Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56403/bejam.v2i2.130

Abstract

Land registration is a series of activities carried out by the Government continuously, sustainably and regularly, including collecting, processing, bookkeeping, and presenting and maintaining physical data and juridical data. In land registration, it can happen that the object of land registration is encumbered by other rights such as: ownership rights, business use rights, building use rights, use rights, ownership rights over apartment units are used as collateral for debts and are encumbered with mortgage rights. The research method used is through a normative juridical approach, namely by inventorying, reviewing and analyzing and understanding the law as a set of positive norms in the legal system that regulates land registration issues in Indonesia. The results of this research explain that, based on the research results above, it can be concluded that, complete systematic land registration was carried out in the Majalengka Regency area. In 2019 Majalengka Regency distributed 26 thousand complete systematic land registration certificates spread across 2 sub-districts, namely Sindang Sub-district and Lemahsugih Sub-district. Then in 2020 Majalengka Regency again received a quota of 40 thousand complete systematic land registration certificates spread across several sub-districts. Problems of complete systematic land registration in Majalengka Regency, differentiated by time. Legal protection for complete systematic land registration in Majalengka Regency has been carried out well. In particular, regarding the rights of Majalengka residents to use the surface of the earth, along with the body of the earth, and the water and air space above it only as needed for purposes directly related to the use of the land in question.
Co-Authors Waluya, Carrissa Nurfaliza Yudi Prihartanto Soleh