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MEASURING JUSTICE IN THE SETTLEMENT OF KALURAHAN LAND DISPUTES: AN AGRARIAN LAW PERSPECTIVE Srikusuma, M Rohmidhi; Harve, Renhard
Legal Standing : Jurnal Ilmu Hukum Vol 8, No 2 (2024): Mei-Agustus
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v8i2.9431

The Special Region of Yogyakarta (DIY) has a special status in land management based on Law No. 13/2012, giving it greater authority in land utilization. Kasultanan and Kadipaten lands are recognized as property rights for the welfare of the community. However, misuse of land licenses has become a serious problem, triggering land conflicts and threatening the environment and the rights of local communities. The research method includes legal (regulatory analysis) and sociological (empirical data) approaches. Primary data was obtained from the community, while secondary data came from legal materials. Case studies were conducted in 4 districts and 1 city in Yogyakarta, focusing on land use permits. Data were collected through document studies, interviews, and observations, then analyzed qualitatively. The research lasted for three months. The origin of land tenure in Yogyakarta dates back to the 1755 Treaty of Gianti, with different histories for Sultanate, Duchy and Kalurahan lands. After independence, Yogyakarta was given agrarian autonomy. Dualism in agrarian law led to uncertainty, triggering corruption and conflict. Regulatory reform, transparency and community participation are needed to address land permit abuse and realize equitable management. The main challenge is the misuse of land licenses, which often involves corruption. Regulatory reform, legal harmonization, institutional strengthening, law enforcement, technology utilization, and strengthening legal culture are needed to address this issue. These efforts aim to realize a fair, transparent and sustainable land management system, involving all relevant parties.

The Ultimate Remedium Principle in the Strategy of Returning and Recovering Corruption Crimes Firdaus, Aras; Harve, Renhard; Simbolon, Bona Fernandez Martogitua
SASI Volume 28 Issue 4, December 2022
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v28i4.1039

Introduction: The problem of corruption is not new in a country. So that the application of the ultimum remedium principle in corruption crimes provides a deterrent effect for the perpetrators to recover assets from state losses. The ultimum remedium principle places criminal law as a last resort in realizing legal justice, legal certainty, and legal benefits.Purposes of the Research: This study aims to determine the principle of criminal law as a last resort (Ultimate Remedium) as an Effort in the Eradication of Corruption and how effective the ultimum remedium principle is in eradicating corruption.Methods of the Research: The research method used is normative research. Normative or doctrinal legal research is a legal research that puts the law as a building system of norms. The technique of data collection is done by literature study.Results of the Research: The study results show that the ultimum remedium principle is very effective if the punishment given to the perpetrators of corruption is in the form of hefty penalties to provide a deterrent effect and provide an example for the community not to do so. This study concludes that the ultimum remedium principle is the last step in achieving legal justice, legal certainty, and legal benefits. So that an integral criminal justice system is carried out with a systemic approach with related policy arrangements in the field of structuring legal substance, legal structures or institutions, and legal culture.

Policy Analysis In Improving The Resilience Of The Karo Community: A Comparative Study Before And After The Eruption Of Mount Sinabung Agung, Muhammad Sutan; Hariani, Riri Rezeki; Srikusuma, M. Rohmidhi; Harve, Renhard
JIM: Jurnal Ilmiah Mahasiswa Pendidikan Sejarah Vol 10, No 3 (2025): Social, Cultural and Historical Studies
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/jimps.v10i3.35538

This research aims to analyze the policies implemented in an effort to improve the resilience of the Karo community to the Mount Sinabung eruption disaster, with a comparative study approach between conditions before and after the eruption. The recurrent eruption of Mount Sinabung since 2010 has had a significant impact on the social, economic and environmental aspects of the surrounding community. Social resilience is an important factor in dealing with and recovering from the disaster. Through qualitative methods with primary and secondary data collection, this study evaluates the effectiveness of disaster mitigation and adaptation policies implemented by local governments and related institutions. The results show that policies that integrate local wisdom and active community participation significantly improve the adaptive capacity and social resilience of the Karo community post-eruption. The study also identifies constraints and opportunities in policy implementation, which can be used as recommendations for improving disaster mitigation policies in the future. The findings of this study reinforce the importance of community-based policy approaches and local wisdom in building the resilience of disaster-prone communities.

MEASURING JUSTICE IN THE SETTLEMENT OF KALURAHAN LAND DISPUTES: AN AGRARIAN LAW PERSPECTIVE Srikusuma, M Rohmidhi; Harve, Renhard
Legal Standing : Jurnal Ilmu Hukum Vol. 8 No. 2 (2024): Mei-Agustus
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v8i2.9431

The Special Region of Yogyakarta (DIY) has a special status in land management based on Law No. 13/2012, giving it greater authority in land utilization. Kasultanan and Kadipaten lands are recognized as property rights for the welfare of the community. However, misuse of land licenses has become a serious problem, triggering land conflicts and threatening the environment and the rights of local communities. The research method includes legal (regulatory analysis) and sociological (empirical data) approaches. Primary data was obtained from the community, while secondary data came from legal materials. Case studies were conducted in 4 districts and 1 city in Yogyakarta, focusing on land use permits. Data were collected through document studies, interviews, and observations, then analyzed qualitatively. The research lasted for three months. The origin of land tenure in Yogyakarta dates back to the 1755 Treaty of Gianti, with different histories for Sultanate, Duchy and Kalurahan lands. After independence, Yogyakarta was given agrarian autonomy. Dualism in agrarian law led to uncertainty, triggering corruption and conflict. Regulatory reform, transparency and community participation are needed to address land permit abuse and realize equitable management. The main challenge is the misuse of land licenses, which often involves corruption. Regulatory reform, legal harmonization, institutional strengthening, law enforcement, technology utilization, and strengthening legal culture are needed to address this issue. These efforts aim to realize a fair, transparent and sustainable land management system, involving all relevant parties.

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