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All Journal Journal of Science and Education (JSE) YURISDIKSI : Jurnal Wacana Hukum dan Sains International Journal of Humanities Education and Social Sciences
Mohammad Hamidi Masykur
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Humanities Automotive Engineering Chemical Engineering, Chemistry & Bioengineering Civil Engineering, Building, Construction & Architecture Computer Science & IT Economics, Econometrics & Finance Education Engineering Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Mathematics Physics Social Sciences Other

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Termination Of The Office Of The Land Deed Maker Who Are Otherwise Unable To Perform Their Duties Due To Health Conditions Muhammad Taufiq; Mohammad Hamidi Masykur; Arini Jauharoh
International Journal Of Humanities Education and Social Sciences (IJHESS) Vol 4 No 2 (2024): IJHESS OCTOBER 2024
Publisher : CV. AFDIFAL MAJU BERKAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55227/ijhess.v4i2.1289

Abstract

The legal issue is motivated by the existence of arrangements related to the dismissal of PPAT with respect contained in Article 10 paragraph (2) letter B which states that PPAT can be dismissed with respect from his position because he is no longer able to carry out his duties due to the state of his health or mental health, after being declared by the authorized health examination team at the request of the Minister/Head or appointed official. The problem then is how when there is a PPAT who is dismissed with respect for health reasons in accordance with Article 10 paragraph (2) letter b, then the PPAT in question successfully recovers from his illness. The purpose of this study was to analyze and find whether PPAT that was dismissed with respect due to health problems can be reappointed after being declared cured and formulate future regulatory formulations related to PPAT dismissal regulations due to health problems. This research uses normative juridical research method, legislation research approach and conceptual approach, and legal materials used consist of primary, secondary, and tertiary legal materials obtained through literature studies in the library of the Faculty of law, Universitas Brawijaya, and also internet access. The results of this study were analyzed by the method of legal discovery, namely the method of interpretation and construction. The results of this study are PPAT dismissed with respect in accordance with Article 10 paragraph (2) letter B PP No. 24 of 2016 if the PPAT has recovered, it still cannot be reappointed to his position as PPAT because there are no rules governing it. This would have been contrary to the theory of legal certainty according to Nurhasanah Ismail. For the formulation of future arrangements related to PPAT dismissal regulations due to health problems can be constructed into a new provision that PPAT who experience health problems, changed from the previous one dismissed with respect, is changed to become a temporary dismissal.
Regulations on the Determination of Abandoned Land Objects for the Land Bank in the Context of Realizing Agrarian Reform Ramadhina, Asyifa Aulia Putri; Imam Koeswahyono; Mohammad Hamidi Masykur
International Journal Of Humanities Education and Social Sciences (IJHESS) Vol 4 No 3 (2024): IJHESS DECEMBER 2024
Publisher : CV. AFDIFAL MAJU BERKAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55227/ijhess.v4i3.1341

Abstract

Constitution is the highest basic norm that regulates various aspects of a country's life, including the relationship between state institutions, government, and citizens. In Indonesia, the constitution is known as the 1945 Constitution, which before the amendment only limitedly regulated rights to land and natural resources through Article 33 Paragraph (3). After the amendment, these rights were regulated more firmly, including the recognition of the rights of indigenous peoples and the right to control the state. The regulation of abandoned land is also discussed in the Basic Agrarian Law (UUPA) and PP No. 20 of 2021, which expands the objects of regulation to abandoned land and abandoned areas. Abandoned land can be used as an asset of the Land Bank, an institution formed by the government to manage land optimally. However, the existence of the Land Bank raises concerns regarding legal uncertainty and inequality in land ownership, especially because its broad authority has the potential to ignore the rights of small and indigenous communities. Legal certainty and justice in land distribution must be guaranteed to prevent abuse of power, as well as to fulfill the goals of agrarian reform and community welfare. The method used in this research is a normative legal research method, which is applied to examine regulations related to the Land Bank. This research aims to achieve results that The Land Bank, regulated by PP No. 64 of 2021, aims to manage abandoned land for investment and agrarian reform (TORA), but its implementation risks agrarian inequality, legal uncertainty, and conflicts due to potential dominance by investor interests and deviations in the interpretation of the State's Right to Control (HMN). To achieve equitable, sustainable, and beneficial land use, regulations must be reformed to prioritize justice, transparency, and accountability, ensuring the Land Bank supports small farmers and the public interest in line with Article 33 of the 1945 Constitution and the UUPA.
Legal Implications of Changes in the Minimum Area of Forest Area that Must Be Maintained Anggar Puspita Ningrum; Tunggul Anshari Setia Negara; Mohammad Hamidi Masykur
Journal of Science and Education (JSE) Vol. 6 No. 1 (2025): Journal of Science and Education (JSE) IN PRESS
Publisher : CV. Media Digital Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58905/jse.v6i1.578

Abstract

This research analyzes the removal of the minimum provision of 30% of the forest area that must be maintained in Article 18 of Law Number 41 of 1999 concerning Forestry by the Law on Job Creation making this regulation an incomplete norm, which this situation has the potential to provide leeway for sectors related to the massive use of land and natural resources without regard to environmental sustainability. Therefore, this article discusses the legal implications of changes in the regulation of the minimum area of forest areas that must be maintained using a statutory approach and a conceptual approach. The results obtained in this research are that the absence of a national standard as a definite benchmark in maintaining the size of forest areas causes legal uncertainty and the emergence of legal loopholes that can be abused by certain groups.
Legal Certainty in the Granting of Land Rights to Indigenous Law Communities in Coastal Areas Rizky Alif Akbar; I Nyoman Nurjaya; Mohammad Hamidi Masykur
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 21 No. 2 (2025): September
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v21i2.311

Abstract

The Indonesian Constitution, through Article 18B paragraph (2), Article 28I paragraph (3), and Article 33 paragraph (3) of the 1945 Constitution of the Republic of Indonesia, expressly mandates the recognition and respect of indigenous legal communities (MHA) and their traditional rights, and places natural resources under the control of the state for the greatest prosperity of the people. However, current positive legal practices show inconsistencies, particularly in the provisions of Article 22 of the Coastal Areas and Small Islands Law, which has been amended through the Job Creation Law with Article 138 paragraph (4) of Government Regulation Number 21 of 2021. This inconsistency has an impact on legal uncertainty in MHA management areas, the potential for criminalization of coastal indigenous communities, conflicts of authority between ministries, and the neglect of the principle of legal pluralism guaranteed by the constitution. This research uses a normative juridical method with a statutory and conceptual regulatory approach, supported by primary, secondary, and tertiary legal materials that are analyzed prescriptively through systematic and teleological interpretation. The research findings indicate that an ideal formulation of ius constituendum is needed through a paradigm shift in natural resource management from state-based to community-based, automatic recognition of indigenous peoples' (MHA) management areas, legal certainty in the RTRW (Regional Spatial Plan), preventive and repressive legal protection, and the establishment of customary territory management institutions. These regulations are crucial for realizing a national legal system that guarantees legal certainty, substantive justice, social benefits, and the sustainability of coastal ecosystems.
Co-Authors Anggar Puspita Ningrum Arini Jauharoh I NYOMAN NURJAYA Imam Koeswahyono Muhammad Taufiq Ramadhina, Asyifa Aulia Putri Rizky Alif Akbar Tunggul Ansari Setia Negara