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Kepastian Hukum dalam Tanah adat dan UUPA yang mengatur Mengenai Tanah Adat Margaret Pangaribuan; Donita Simanungkalit; Enjelina Sinaga; Nelly Hutapea; Putra Harahap; Grace Mikael; Ramsul Nababan
Jaksa : Jurnal Kajian Ilmu Hukum dan Politik Vol 2 No 1 (2024): Januari : Jurnal Kajian Ilmu Hukum dan Politik
Publisher : Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/jaksa.v2i1.1576

Abstract

This research aims to find out how legal certainty is in customary land and the UUPA which regulates customary land. The importance of legal certainty is also closely related to the concept of sustainable development. By providing legal clarity regarding customary land, the government can create a conducive environment for sustainable investment, while still paying attention to the welfare and rights of indigenous communities. This legal certainty also involves a fair and transparent resolution mechanism, so that land-related conflicts can be resolved without harming either party. Customary land is land that is regulated and managed based on the customary law of a customary law community. Customary land is usually owned and used communally by members of the indigenous community. The strong ties between traditional lands and traditional communities have been formed for hundreds of years and have been passed down from generation to generation. Traditional land has multifunctions, not just land for farming, but also being an integral part of the culture and identity of indigenous peoples. Land for them has very important social, economic, political and even religious values. Therefore, the relationship between indigenous peoples and land is magical-religious and institutionalized in everyday life. In Indonesia, customary land is still quite extensive, although it is not yet known exactly how much. The research methodology used in this research is descriptive qualitative. Three stages of research were carried out: (1) observation; (2) interview; and (3) documentation. The results of this research show how legal certainty is regarding traditional land in the Toba area through the sources interviewed
Peran Hukum dalam Meningkatkan Partisipasi Publik pada Pemerintahan Daerah Lidia Rumapea; Margaret Pangaribuan; Muthia Ivana Zhara; Moria Debora Siahaan; Putri Intan Siringo Ringo; Sri Hadiningrum; Parlaungan Siahaan
Pemuliaan Keadilan Vol. 2 No. 1 (2025): January : Pemuliaan Keadilan
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/pk.v2i1.408

Abstract

Law plays a crucial role in enhancing public participation in local governance by providing a clear framework for citizen engagement in decision-making, oversight, and the fulfillment of their rights. This study examines the application of legal frameworks to improve public involvement in regional governance, focusing on the Indonesian context. Using an empirical juridical method, the research combines normative analysis of laws and empirical data from interviews and observations. Findings reveal that responsive legal products and participatory processes are essential to fostering public engagement in regional development. Key challenges include limited public awareness, bureaucratic inefficiencies, and inconsistent implementation of legal provisions. Addressing these issues through public education, transparent governance, and stronger legal enforcement can significantly improve participation rates. This paper highlights the importance of integrating legal and social perspectives to create inclusive and effective governance at the local level.