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Legal Protection for Land Owners Regarding the Provision of Land Compensation Costs Due to Land Acquisition for Public Interest Saragih, Joy Zaman Felix; Sitorus, Rolib
Journal of Legal and Cultural Analytics Vol. 3 No. 3 (2024): August 2024
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v3i3.10003

Abstract

Indonesia as an agricultural country, which has a very large area of agricultural land and has the potential for yields to fulfil the needs of the community. The potential is generally such as agricultural products such as rice, corn, sweet potatoes, and various other palawija, and also plantation products such as oil palm, rubber. Various potential results, so that the land has a high quality and price and has a high level (income) of income from the processing of agricultural land and plantations. Ownership of such land by legal subjects, both individuals and legal entities, is inseparable from the reach of government supervision, and can transfer ownership rights to the government if development is carried out in the public interest. The public interest can be in the form of the construction of toll roads, hospitals, and several other public facilities as mandated by UU No. 2 Year 2012. The community will receive compensation for the land that the state has taken, and if they disagree with the nominal amount of compensation, they may file a lawsuit in the District Court in accordance with the land's legal location. The government will first determine the price of the local object when carrying out land acquisition and revocation from the community. The purpose of this research is to discuss the acquisition and revocation of community land rights. The research method used is normative juridical (normative legal reasearch), namely by collecting secondary data consisting of laws and regulations and various sources of literature review. The analytical approach is to determine the fulfilment of rights received by the community in the context of the acquisition and revocation of land rights by the government, as mandated by UU No. 2/2012
Dinamika Pembentukan Hukum Nasional Indonesia Rolib Sitorus; Ricky Banke; Joy Zaman Felix Saragih; Frederick Xaverius Tjipto
PaKMas: Jurnal Pengabdian Kepada Masyarakat Vol 5 No 2 (2025): November 2025
Publisher : Yayasan Pendidikan Penelitian Pengabdian Algero

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54259/pakmas.v5i2.4313

Abstract

The implementation of Community Service (PkM) activities as out-of-class learning for the community is carried out in certain fields. Aspects of political life that are directly related to society are the formation of legal regulations that regulate order in society. The formation of Indonesian national law is a process that has continued to develop since independence. This process not only involves legal-formal aspects, but is also influenced by political, social, cultural dynamics, and the challenges of globalization. The legacy of colonial law that is still used today is one of the obstacles in creating a legal system based on the noble values ​​of the nation, Pancasila and customary law. The purpose of this paper is to examine the developing dynamics including the role of legislative, executive, and judicial institutions in formulating legal policies. The analysis is also directed at legal reform efforts carried out in various periods, including the New Order and the reform era, and how civil society pressure has influenced the direction of the formation of national law. The discussion in this paper shows that the success of the formation of national law is highly dependent on the synergy between political will, community participation, and the ability of legal institutions to adapt to changing times. Therefore, an inclusive, progressive, and social justice-based approach is needed so that national law is truly able to answer the needs of society and strengthen the rule of law in Indonesia.
Legal certainty of land rights through electronic registration and electronic certificates in Sialang Buah Village, Serdang Bedagai Regency Saragih, Joy Zaman Felix; Sitorus, Rolib; Banke, Ricky; Sinaga, Japansen; Damanik, Johanes Parlindungan; Arif, M
Priviet Social Sciences Journal Vol. 5 No. 11 (2025): November 2025
Publisher : Privietlab

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55942/pssj.v5i11.947

Abstract

This study examines the legal certainty of land rights through the implementation of electronic land registration and digital land certificates in Sialang Buah Village, Serdang Bedagai Regency. The digital transformation mandated by the Regulation of the Minister of Agrarian Affairs/National Land Agency No. 3 of 2023 marks a shift from conventional physical documents to integrated electronic land administration. Using a normative-empirical legal method supported by statute and conceptual approaches, this study analyzes the validity and legal certainty of electronic certificates and evaluates the readiness, acceptance, and socio-legal implications for rural communities. Data were collected through legal document analysis, field observations, and interviews with landowners, village officials, and the Land Office. The findings reveal that electronic certificates enhance authenticity, transparency, and administrative efficiency while strengthening public trust in the governance of land. However, challenges remain concerning digital literacy, infrastructure limitations, and the inclusion of vulnerable groups, which may trigger new forms of legal uncertainty in the future. This study concludes that electronic land registration effectively promotes legal certainty when accompanied by adequate public education, secure digital systems and inclusive implementation strategies. The results contribute to agrarian law development and provide policy insights for strengthening the equitable digital transformation of land governance.
FORMATION OF VILLAGE REGULATIONS ON LEGAL AID SERVICES FOR THE UNDERPRIVILEGED COMMUNITY IN BETIMUS MBARU VILLAGE SIBOLANGIT DISTRICT, DELI SERDANG REGENCY Rolib Sitorus; Japansen Sinaga; Joy Zaman Felix Saragih; Ricky Banke; Tonggo Michael Sihombing
Multidiciplinary Output Research For Actual and International Issue (MORFAI) Vol. 5 No. 4 (2025): Multidiciplinary Output Research For Actual and International Issue
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/morfai.v5i4.3250

Abstract

Access to justice is a basic right of every citizen as guaranteed in Article 28D paragraph (1) of the 1945 Constitution of the Republic of Indonesia. However, in practice, underprivileged community groups in rural areas still face various structural and cultural obstacles in obtaining legal aid services. Betimus Mbaru Village, located in Sibolangit District, Deli Serdang Regency, is one of the areas facing similar challenges, with a low level of legal literacy among the community and a minimal number of legal aid institutions operating actively in the area. This condition shows the importance of local-based initiatives to guarantee the constitutional rights of village residents, one of which is through the formation of Village Regulations (Perdes) on Legal Aid Services. This study aims to analyze the urgency, mechanisms, and impacts of the formation of Perdes that regulates legal aid services for underprivileged communities. The approach used in this study is a juridical-empirical approach, with qualitative methods. Data were obtained through literature studies, in-depth interviews with village officials, community leaders, and underprivileged residents, and participatory observation in the village deliberation process. The collected data were analyzed descriptively-analystically by referring to applicable legal principles, as well as the theory of social justice and community legal empowerment. This research is expected to provide practical contributions to village government in realizing inclusive governance and oriented towards human rights. In addition, this research can be an initial reference for other regions with similar social characteristics in developing local policies for legal aid services.
Kedudukan Hukum Ahli Waris Tidak Sah dalam Sengketa Waris Pertanahan : Studi Kasus Putusan Nomor: 11/Pdt.G/2021/PN Pin Bryan Chandra Wirawan; Fellin; Melisa Chua; Saragih, Joy Zaman Felix
Jurnal SOMASI (Sosial Humaniora Komunikasi) Vol. 6 No. 2 (2025): Desember 2025
Publisher : CERED Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53695/js.v6i2.1390

Abstract

Sengketa tanah warisan menjadi salah satu permasalahan agraria yang sering terjadi di Indonesia, terutama ketika terdapat pihak-pihak yang mengklaim hak waris tanpa dasar hukum yang sah. Penelitian ini membahas Putusan Pengadilan Negeri Pinrang No. 11/Pdt.G/2021/PN Pin yang memutuskan sengketa tanah warisan antara ahli waris sah dengan pihak yang dianggap tidak memiliki hak waris. Sengketa ini mulai dari penjualan tanah kurang lebih seluas 40 are yang dilakukan oleh individu yang bukan ahli waris sah dari almarhum H. Kasidah. Dalam putusan ini, pengadilan menyatakan bahwa penjualan tanah tersebut tidak sah dan batal demi hukum karena tidak memiliki dasar hukum oleh pihak yang tidak memiliki hak kepemilikan. Dengan menggunakan metode penelitian yuridis normatif, penelitian ini menganalisis pertimbangan hukum yang digunakan oleh majelis hakim, serta hubungan dengan peraturan perundang-undangan yang berlaku, termasuk KUHPerdata dan peraturan agraria di Indonesia. Hasil analisis menunjukkan bahwa dalam praktiknya, masih banyak terjadi kekeliruan dalam penentuan ahli waris yang berdampak pada transaksi tanah yang tidak sah. Studi ini juga menganlisa kelemahan dalam sistem administrasi pertanahan yang dapat menjadi celah bagi pihak yang tidak berhak untuk mengklaim kepemilikan tanah warisan
Juridical Analysis of the Rejection of Judicial Review (PK) in the Case of PT Mas Murni Indonesia, Tbk (in Bankruptcy): A Review of Supreme Court Decision No. 21 PK/Pdt.Sus-Pailit/2025 Tjandra, Sheren Michi; Ely, Claureria Angie; Angelica, Angelica; Silalahi, Udin; Saragih, Joy Zaman Felix
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 5 No. 1 (2026): JANUARY
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v5i1.1997

Abstract

Judicial Review is an extraordinary legal remedy designed to uphold legal certainty and justice in civil cases, including bankruptcy proceedings. This paper examines the application of Judicial Review in the bankruptcy case of PT Mas Murni Indonesia, Tbk, based on Supreme Court Decision No. 21 PK/Pdt.Sus-Pailit/2025. The study emphasizes the role of PK as a corrective mechanism against final and binding decisions, as well as the legal reasoning employed by the judges in reaching their verdict. PK in bankruptcy cases carries distinct characteristics, as it involves balancing the rights of creditors and debtors while ensuring legal certainty within the business sphere. The scope of PK is strictly limited by statutory provisions, particularly Law No. 37 of 2004 on Bankruptcy and Suspension of Debt Payment Obligations (PKPU) and Law No. 48 of 2009 on Judicial Power. This research adopts a normative juridical method with statutory and case approaches, utilizing primary legal materials on bankruptcy and extraordinary remedies. Qualitative analysis reveals that despite its limited scope, PK plays a significant role in correcting misapplications of law with substantive justice implications. In the case of PT Mas Murni Indonesia, Tbk, the Supreme Court emphasized the necessity of balancing legal certainty with fairness and utility. Accordingly, this study contributes to a deeper understanding of the dynamics of Judicial Review in bankruptcy cases and illustrates how Indonesian judicial practice strives to achieve justice in line with the ultimate purpose of law.
Penyuluhan Masyarakat: Penerapan Prinsip-Prinsip Dasar Pengelolaan Perusahaan dalam Perspektif Hukum untuk Meningkatkan Akuntabilitas Panti Asuhan Claresta Rolib Sitorus; Joy Zaman Felix Saragih; Muhammad Daffa Syahputra; Sheila Ananda Siregar; Ananda Bima Al Wajdi Majid Pranoto
ABDISOSHUM: Jurnal Pengabdian Masyarakat Bidang Sosial dan Humaniora Vol. 4 No. 4 (2025): Desember 2025
Publisher : Yayasan Literasi Sains Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55123/abdisoshum.v4i4.5538

Abstract

Community Service (PkM) aims to provide education and capacity building to foster children at the orphanage regarding the basic principles of company management. As a for-profit institution, rather than a non-profit social institution, its management requires a systematic managerial approach to run effectively, efficiently, and sustainably. Through this (PkM), it is hoped that they will be able to understand basic concepts such as planning, organizing, leadership, and control as part of good governance practices. The method of implementation of the activity is counseling or interactive lectures involving all children and the orphanage administrators. The material is delivered verbally and visually using presentation media, accompanied by question and answer sessions and case studies to make it more applicable and easy to understand. A participatory approach is used so that participants are active in discussions and can relate the material to real situations at the orphanage. The results of the activity show an increase in the knowledge of foster children and orphanage administrators regarding the basic concepts of company management, particularly regarding the importance of activity planning, division of roles and tasks, and transparent financial records. Participants stated that this activity provided new insights that can be directly applied in the day-to-day management of the orphanage. This activity also builds awareness that the application of managerial principles is not only relevant for business companies, but also for social institutions in achieving their humanitarian goals in a sustainable manner.