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Kepastian Hukum Terkait Hak-Hak Masyarakat Konservatif Dalam Pembangunan Ibu Kota Nusantara Afifah, Dashilfa; Aristias, Adinda; Manullang, Imelda Arthameisia; Sukma, Nina Fitria; Prasetyo, Handoyo
Socius: Jurnal Penelitian Ilmu-Ilmu Sosial Vol 1, No 11 (2024): June
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.11658207

Abstract

The development of Ibu Kota Nusantara (IKN) as the new capital of Indonesia has significant impacts on various community groups, including conservative communities residing in the affected areas. Legal certainty is key to ensuring that their rights are protected during the development process. This study aims to analyze the potential violations of land rights and legal protection of environmental rights for conservative communities in the context of the development of Ibu Kota Nusantara, including rights to land, culture, livelihood, and socio-economics. This study analyzes various regulations and policies implemented to sustain the lives of conservative communities and evaluates the effectiveness of existing legal mechanisms in protecting their interests. The research method used is a normative juridical approach with an analysis of applicable laws and regulations as well as related literature reviews. The results show that there are no comprehensive policies regulating the recognition of indigenous communities in the Ibu Kota Nusantara area, leading to overlapping recognition between different regulations. Thus, there is a risk of violations of land and environmental rights for conservative communities due to the development policies of Ibu Kota Nusantara, which have not fully considered legal certainty for the interests and rights of the conservative communities living there.
Implikasi Hukum Pendewasaan Anak yang Melakukan Perkawinan di Bawah Umur dalam Perjanjian Perkawinan Aristias, Adinda; Fadilla, Dea Aora; Wibowo, Hanifah Fairuz; Manullang, Imelda Arthameisia; Putri, Nasywa Awalia; Ramadhani, Dwi Aryanti
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.11641115

Abstract

Underage marriage is a phenomenon that still occurs frequently in various countries, including Indonesia, even though there are regulations that regulate the minimum age limit for marriage. This article aims to analyze the legal implications of maturing children who marry underage, especially in the context of marriage agreements. The Marriage Law has stipulated the age limit for marriage (material requirements), one of which is the provisions regarding the minimum age limit which are regulated in Article 14 paragraph (2) of Law Number 1 of 1974. Maturity status is related to the validity of a legal act. Immature legal subjects are seen as legal subjects who are not yet capable of acting for and for themselves before the law. The research method used is a normative juridical approach with analysis of statutory regulations, legal doctrine and relevant concrete cases. The research results show that children who marry underage have limited legal capacity to make legal and binding marriage agreements. Children's immaturity causes vulnerability in understanding and bearing the legal consequences of the agreements made. In addition, marriage agreements involving minors often do not meet the requirements for the validity of a contract under civil law, which means the agreement can be considered null and void. In the case of making a marriage agreement before a notary, especially before a minor is married, it is necessary to guarantee the recognition of the child's maturity status.
Legal Analysis of the Transfer of Land Use Rights into Industrial Areas Manullang, Imelda Arthameisia; ., Taupiqqurrahman
PALAR (Pakuan Law review) Vol 11, No 4 (2025): Volume 11, Number 4 October-Desember 2025
Publisher : UNIVERSITAS PAKUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33751/palar.v11i4.12865

Abstract

Abstract Land is an agrarian resource with strategic importance for national development and public welfare. One form of land tenure regulated under the Basic Agrarian Law is the Right to Cultivate. Economic growth and the rising demand for industrial land have driven the conversion of Right to Cultivate land into industrial areas. This study analyzes the process and legal consequences of such conversion under Indonesian law. Using a normative juridical method with statutory and literature approaches, the research finds that the process involves relinquishment of rights, spatial plan revision, fulfillment of Spatial Utilization Suitability, and issuance of an Industrial Estate Business License. Legally, this conversion may give rise to juridical implications concerning land-use changes, spatial conformity, and environmental management obligations. Land conversion policies must uphold the principles of land’s social function and sustainable development to ensure legal certainty and public welfare. Keyword : Right to Cultivate, Industrial Area, Legal Certainty.