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All Journal Lentera Hukum Jurnal Ketahanan Nasional Brawijaya Law Journal : Journal of Legal Studies Jurnal IUS (Kajian Hukum dan Keadilan) Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan Sriwijaya Law Review Audito Comparative Law Journal (ACLJ)
Safa’at, Rachmad
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Arts Humanities Decision Sciences, Operations Research & Management Law, Crime, Criminology & Criminal Justice Social Sciences

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Kedudukan Akta Hibah dalam Sengketa Kepemilikan Hak Atas Tanah Hadiyanti, Anisa Rahma; Safa’at, Rachmad; Anshari, Tunggul
Lentera Hukum Vol 4 No 3 (2017): LENTERA HUKUM
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v4i3.5316

Abstract

On each social life will find a difference between behaviour with the law of norms. The discrepancy could cause dispute or tensions between each other that possibly also can happen in the family. The problems often arising during family Is the transition towards treasure in the form of grants from parents to their children. The settlement if there is a standoff over an object of the grant is forced to settle in a court. The Giving in a form of grant was conducted using an authentic deed as has been arranged in article 1682 Indonesian Civil Code. Public officials who given by statute an authority to make the deed of grants is land deed official. Related which for making such deed to as a basis for registration change as a result of a legal action the land. Related to the emergence of signs of a dispute over ownership under the grants, so In this case, every judge as milestone law enforcement have an interpretation of the difference against the rule of law in dispute resolution on the judicial process. In short, there is contradiction a norm between what has been decided by judges with the provision of article 1686 Indonesian Civil Code which the results of the uncertainty laws implementation of the article. Keywords: Deed, Grant, Property Rights, Land Rights
Akibat Hukum Ketentuan Pasal 33 Peraturan Menteri Agraria dan Tata Ruang/Kepala Badan Pertanahan Nasional Republik Indonesia Nomor 6 Tahun 2018 Wahyudi, Bambang Tri; Safa’at, Rachmad
Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan Vol 6, No 1 (2021): Juni 2021
Publisher : Universitas Negeri Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (366.291 KB) | DOI: 10.17977/um019v6i1p220-228

Abstract

This study aimed to analyze the legal force, legal conflicts, and legal consequences of the provisions of Article 33 of the Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency Number 6 of 2018 and the formulation that was appropriate with the regulations of the payment procedures for income tax (PPh) and acquisition duty of right on land and building (BPHTB). This study used a normative juridical method with a conceptual and statute approach. Based on academic juridical perspective, article 33 Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency Number 6 of 2018 had weak legal force, while from a formal juridical perspective the regulation remained valid before a decision to cancel its application from the Supreme Court. The provisions of Article 33 of the Regulation of the Minister of Agrarian and Spatial Planning/Head of the National Land Agency Number 6 of 2018 contradicted the provisions of Articles 3 and 7 of Government Regulation Number 34 of 2018 and Articles 90 and 91 of Law Number 28 of 2009. It caused legal consequences i.e. legal uncertainty, legal injustice, and did not fulfill the legal force of land rights certificates as a strong means of proof. The formulation of the right regulation regarding the procedure for paying income tax and fees for acquiring land and building rights was carried out by establishing and stipulating a ministerial regulation as a normative guideline for a complete systematic land registration program.
Examining The Spark of Reprehensible Factors in The Conception of The Unitary State Jatmiko, Bayu Dwi Widdy; Safa’at, Rachmad; SN, Tunggul Anshari; Madjid, Abdul
Audito Comparative Law Journal (ACLJ) Vol. 5 No. 3 (2024): September
Publisher : Universitas Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/aclj.v5i3.33514

Abstract

This article seeks to examine how the regulation of terrorism as a reprehensible act within the scope of special criminal acts in the National Criminal Code and its potential danger to Indonesia's existence as a unitary state. This research is normative juridical research, which uses conceptual and statute approaches based on primary and secondary legal materials obtained through library research. Then, the results are discussed using qualitative prescriptive analysis. The results obtained turned out to show that the regulation of terrorism as a despicable act within the scope of special crimes in the National Criminal Code intended to reinforce counterterrorism and radicalism efforts by including it as one of the special crimes by considering special characteristics.  In addition, criminal acts of terrorism also have the potential to endanger the existence and sustainability of the Indonesian state as a welfare state; for that, there is a need for synergy in the role of the government and the people in the state.
Legal Protection of Forest Customary Rights in Land Procurement from the Mineral Mining Industry Istijab, Istijab; Safa’at, Rachmad; Permadi, Iwan; Koeswahyono, Imam
Brawijaya Law Journal Vol. 9 No. 2 (2022): Energy and Environmental Law
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2022.009.02.04

Abstract

This research aims to determine if legal protection is available for the use of forests, which are the customary rights of Adat and Indigenous Community from the mineral mining sector, which demands the use of extremely large territories. Fulfillment the utilizes state-controlled forest land, including protected forests, and industrial forests could be challenges. By considering environmental sustainability, legal protection ensures sustainable growth. To legally maintain customary forest rights, this study employs normative-juridical research utilizing primary and secondary legal sources about the acquisition of land for the mining sector, particularly for mineral mining. Agrarian, forestry, mining, and environmental protection and preservation legislation and decisions of the Constitutional Court of Indonesia on mining are examples of authoritative primary legal texts. All legal publications—including books, dictionaries, journals, and comments on court judgments—are considered secondary legal sources. This study finds that the legal protection of Adat and Indigenous Community’s customary forest rights over the availability of land for mining firms must be profitable, prosperous, and fair for Adat and Indigenous Community members. Adat and Indigenous Community are community associations that live and grow happily together in a hereditary region based on ancestry and similarity of habitation. Forest use for this purpose requires a Borrowing and Use Permit, which must include criteria for periodic, quantitative, and transparent environmental management, and preservation.
Positioning IKN Dalam Konstelasi Asia Pasifik Dari Prespektif Geopolitik Endarwati, Maria Cristina; Safa’at, Rachmad; Wicaksono, Agus Dwi
Jurnal Ketahanan Nasional Vol 30, No 3 (2024)
Publisher : Universitas Gadjah Mada

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22146/jkn.99499

Abstract

This study emphasizes the importance of careful planning and effective implementation to achieve a balance between economic development and environmental sustainability. Careful planning and effective implementation will ensure that IKN can become a symbol of Indonesia's progress and innovation in the international arena, and drive inclusive and sustainable economic growth.This study explores Indonesia's geopolitical role in the development of the Capital City of the Archipelago (IKN) in the Asia Pacific region. This study uses a qualitative approach with PESTO analysis, triangulation analysis, and paradigm shift analysis to validate data obtained from various sources, such as national policies, economic reports from international institutions such as the World Bank and IMF, as well as academic research from institutions such as CSIS and LIPI. This analysis identifies that the development of IKN in East Kalimantan has great potential to improve Indonesia's geopolitical position in the Asia Pacific region. The successful development of IKN will change international perceptions of Indonesia, strengthen national resilience through an integrated approach that covers economic, social, and environmental aspects, and improve economic competitiveness through modern infrastructure and better connectivity. The development of IKN is also expected to encourage more equitable regional integration and reduce the development gap between the western and eastern regions of Indonesia. The results of this study show that the development of IKN is not just an infrastructure project, but also a geopolitical strategy that can strengthen Indonesia's position on the world stage, improve people's welfare, and ensure sustainable development for future generations.
Empowering Communities Through Old Oil Wells: Analyzing Legal Frameworks and Policy Gaps in Indonesia Febriani, Indah; Safa’at, Rachmad; Istislam, Istislam; Qurbani, Indah Dwi
Sriwijaya Law Review Volume 9 Issue 1, January 2025
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol9.Iss1.4261.pp95-113

Abstract

This article examines the relationship between the operation of old oil wells, as governed by Minister of Energy and Mineral Resources Regulation Number 1 of 2008, and the improvement of community welfare, particularly for communities surrounding mining areas. The regulation aims to empower communities by enabling their participation in oil well operations through Village Unit Cooperatives (KUD) and Regionally Owned Business Entities (BUMD). Employing a socio-legal approach, this study conceptualizes law as a functional social institution and investigates its application in three sub-districts in Musi Banyuasin Regency, South Sumatra Province. The findings reveal that the regulation is ineffective due to its complex permit requirements, which are perceived as a significant obstacle by local communities, thereby impeding its objectives. Moreover, the regulation lacks explicit legal provisions to address community welfare by exploiting old oil wells. To address these shortcomings, the study recommends revising the regulation to simplify licensing procedures and include explicit provisions that promote community welfare. Additionally, it emphasizes the need for policy instruments, such as legal assistance, mentoring, technical and non-technical guidance, and continuous supervision, to support community-led mining activities. These measures are essential to ensure that the operation of old oil wells contributes meaningfully to the welfare of local communities, aligning with the regulation's intended goals.
The Authority of Sub-District Heads in Revoking Land Rights for Personal Interests: Between Legality and Justice Tambunan, Rico J.R.; Safa’at, Rachmad; Permadi, Iwan; Sulistyarini, Rachmi
Jurnal IUS Kajian Hukum dan Keadilan Vol. 13 No. 2 (2025): 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.v13i2.1675

Abstract

After the enactment of Law Number 22 of 1999 concerning Regional Government, currently the authority of the sub-district head as a regional head has previously been attributive and is now delegative. the aim of this research is about how is the legality of the sub-district head’s authority to release land rights for private interests. The research method used is normative juridical. The research results showed that the legality of the sub-district head’s authority to release land rights for private interests is not fulfilled. This is because there is not a single clause that states that the sub-district head can sign documents releasing land rights after the enactment of Law Number 22 of 1999 concerning Regional Government, which currently has the authority of the sub-district head as a regional head from previously being attributive and now being delegative, so that the Letter of Relinquishment of Land Rights made and signed by the District Head regarding the location of the land in question, cannot be used as a formal requirement for registration of land rights at the Land Office. Based on the applicable legal provisions, the deed of releasing land rights for private purposes should be made by a Notary. An authentic deed provides more legal certainty so as to cause justice for the party who relinquishes its rights/owner as well as for the next prospective applicant. Statement of Relinquishment of Land Rights signed by the Subdistrict of Cileungsi declared invalid / null and void.
Co-Authors Abdul Madjid Agus Dwi Wicaksono Bayu Dwi Widdy Jatmiko Endarwati, Maria Cristina Hadiyanti, Anisa Rahma Imam Koeswahyono Indah Dwi Qurbani Indah Febriani, Indah Istijab, Istijab Istislam Istislam, Istislam Iwan Permadi Rachmi Sulistyarini SN, Tunggul Anshari Tambunan, Rico J.R. Tunggul Ansari Setia Negara Wahyudi, Bambang Tri