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All Journal PALAR (Pakuan Law review) Socius: Social Sciences Research Journal Media Hukum Indonesia (MHI)
Sukma, Nina Fitria
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Religion Arts Humanities Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice

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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.
Keabsahan Pencatatan Perkawinan Beda Agama Antar Warga Negara Indonesia yang Dilakukan di Luar Negeri Afifah, Dashilfa; Pranitiaz, Laras Medina; Dewanti, Tyur Regina; Sukma, Nina Fitria; Naufal, Abyan Hafizd; 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.11534715

Abstract

This research aims to assess the validity of interfaith marriages between Indonesian citizens conducted abroad based on Law Number 1 Year 1974 on Marriage. In addition, this study also evaluates whether interfaith marriages between Indonesian citizens abroad can be considered as a form of legal smuggling in the perspective of International Civil Law. The approach used is normative juridical research, which utilizes secondary legal sources, consisting of primary, secondary, and tertiary legal materials. The data collection method is done through literature study. Based on the results of the research, it is found that interfaith marriages between Indonesian citizens abroad are considered invalid according to the UUP because they violate the provisions of Article 2 paragraph (1), which states that marriage is valid if it is carried out according to the laws of each religion and belief. Therefore, such interfaith couples often use Article 56 as a basis to solemnize marriages abroad and then record them in Indonesia in order to fulfill administrative requirements in accordance with the UUP. According to the rules of International Civil Law, a marriage is performed under the law of the place where the marriage takes place. However, in the context of Indonesian law, this practice is often considered a form of legal smuggling against Article 2 paragraph (1) of the UUP, as couples avoid the restrictions of national law by marrying abroad. Thus, although legally valid in the country where the marriage was performed, the interfaith marriage is not recognized as valid under the UUP without re-registration in Indonesia.
Juridical review of the transfer of property property that has not beenconverted into property rights Sukma, Nina Fitria; Sulastri, Sulastri
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.v11i4.12864

Abstract

AbstractLand according to UUPA is the surface of the earth that can be given and owned by individuals or legal entities with state control over the land, water, and space for the welfare of the people. The UUPA requires property owners to convert rights within 20 years. Non-compliance with the conversion causes the land to become state property based on Permendagri Number 3 of 1979 and Government Regulation Number 18 of 2021. Normative juridical methods with legal and conceptual approaches as well as secondary data were used to analyze the legal consequences of the transfer of property rights that have not been converted. The results of the study show that the transfer of rights to eigendom verponding land that has not been converted into property rights is null and void because the object of the agreement is state land in accordance with Article 95 paragraph (1) of Government Regulation Number 18 of 2021 and does not receive legal protection due to the inconsistency between Government Regulation Number 24 of 1997 and Government Regulation Number 18 of 2021 which results in legal uncertainty for holders of eigendom verponding land rights who have not yet converting into property. The consequence is the loss of personal rights and material losses so that the public is advised to verify the status of the land before the transaction. Keyword: Eigendom Verponding, UUPA, Transfer of rights, Void by Law. 
Co-Authors Afifah, Dashilfa Aristias, Adinda Dewanti, Tyur Regina Handoyo Prasetyo Manullang, Imelda Arthameisia Naufal, Abyan Hafizd Pranitiaz, Laras Medina Ramadhani, Dwi Aryanti Sulastri Sulastri