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All Journal Mimbar Yustitia : Jurnal Hukum dan Hak Asasi Manusia Jurnal Ilmiah Penegakan Hukum
Anantha, Akmal Ricko Fery
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Law, Crime, Criminology & Criminal Justice Social Sciences

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Pewarisan Objek Tanah Hak Milik Menurut Hukum Adat Anantha, Akmal Ricko Fery; Rato, Dominikus; Susanti, Dyah Octhorina
MIMBAR YUSTITIA : Jurnal Hukum dan Hak Asasi Manusia Vol 7 No 1 (2023): Juni 2023
Publisher : Universitas Islam Darul 'Ulum Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52166/mimbar.v7i1.4196

Abstract

Indigenous peoples control customary land for generations with inheritance regulated in customary inheritance law. Customary land in question has not been attached with land rights. The results of research using normative juridical methods with statutory approaches, conceptual approaches, and historical approaches provide an explanation thatinheritance related to the provisions regardinginherited assets that are transferred to control and ownership from heirs to heirs based on customary law rules, which have binding legal force for indigenous peoples. Land ownership rights are objects of inheritance which are material tangible assetsfirst and foremost. The process of inheriting land ownership rights to heirs based on customary inheritance law is carried out deliberation and kinship on the principle of mutual cooperation, running in harmony, peace and harmonycontains cultural values ​​and is recognized by the state. Furthermore, to guarantee legal certainty, legally, land registration is carried out on ownership rights to land as objects of inheritance. Keywords: Land Property Rights, Objects of Inheritance, Customary Inheritance Law.
Pengadaan Tanah untuk Kepentingan Umum Perspektif Konsep Keadilan Thomas Aquinas Safarinda, Rima Dea; Anantha, Akmal Ricko Fery; Prakoso, Bhim; Efendi, Aan
Jurnal Ilmiah Penegakan Hukum Vol. 12 No. 2 (2025): Jurnal Ilmiah Penegakan Hukum
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/jiph.v12i2.11987

Abstract

This This paper analyzes the legal provisions relating to land acquisition for the public interest by using the perspective of the concept of justice according to Thomas Aquinas. This normative juridical method study illustrates that the nomenclature of land acquisition for the public interest contained in Law Number 2 of 2012 concerning Land Acquisition for Development in the Public Interest and has been revised in part in Law Number 6 of 2023 concerning Job Creation has not embodied the concept of justice echoed by Thomas Aquinas in the fulfillment of one's rights. This study concludes that the nomenclature of land acquisition for the public interest has a critical note regarding commutative justice (Justitia commutative), namely the legal provisions regarding the assumption that the community agrees to the use of their land contained in the nomenclature of land acquisition for the public interest, even though the person concerned was not present in the public consultation session. This is not in accordance with Thomas Aquinas' concept of justice, which emphasizes the equality of a person as a holder of land rights that must be fulfilled.
Co-Authors Dominikus Rato Efendi, Aan Prakoso, Bhim Safarinda, Rima Dea Susanti, Dyah Octhorina