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Kepastian Hukum Pelaksanaan Ganti Rugi Pengadaan Tanah Bagi Pembangunan Untuk Kepentingan Umum Jannah, Siti Miftahul; Fanciska, Wira; Mau, Hedwig A.
CENDEKIA : Jurnal Penelitian dan Pengkajian Ilmiah Vol. 2 No. 3 (2025): CENDEKIA : Jurnal Penelitian Dan Pengkajian Ilmiah, Maret 2025
Publisher : Lembaga Pendidikan dan Penelitian Manggala Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62335/cendekia.v2i3.1061

Abstract

Land is a fundamental human need, both for housing, livelihood, and various development needs. Therefore, land is categorized as a natural resource controlled by the state as regulated in Article 33 paragraph (3) of the 1945 Constitution. The state has the authority to regulate land management for the welfare of the people, including in the context of infrastructure development which often requires land acquisition. However, in practice, the land acquisition process for public interest often causes problems, especially related to the provision of fair compensation for land owners. The imbalance between das sein and das sollen in this study is that there is still legal uncertainty in the implementation of compensation for land acquisition for development in the public interest. Therefore, this study focuses on the analysis of legal certainty in the mechanism for providing compensation for land acquisition in DKI Jakarta Province, with the hope of contributing to the improvement of regulations and land acquisition practices that are fairer and more transparent. The formulation of the problem raised in this study is how to implement compensation for land acquisition for development in the public interest and how to ensure legal certainty in the implementation of compensation for land acquisition for development in the public interest. In this study, the author uses the theory of legal certainty and the theory of authority.The research method used is the normative legal approach. This study uses the statute research approach and the analytical approach which in principle originates from primary legal materials consisting of laws and norms or legal rules, secondary legal materials consisting of books, research results, articles and tertiary legal materials from libraries, articles and websites. The legal material analysis technique uses grammatical interpretation techniques.The results of this study show that the implementation of compensation consists of the planning, implementation and results stages. Related to land acquisition for public interest in this case the normalization of the Ciliwung River, sourced from the APBD, namely through the DKI Provincial Government, so that in its implementation it is guided by the Governor's Regulation Number 82 of 2017, in which in the Governor's Regulation compensation is given after the release of rights by the land owner and there is a difference regarding the provision of compensation for land acquisition where based on the Regulation of the Minister of ATR/BPN Number 19 of 2021, compensation is given together with the release of rights, based on the Governor's Regulation Number 82 of 2017, compensation is given after the land owner has first released his land ownership rights, this is one of the obstacles in the implementation of land acquisition for development in the public interest in the Ciliwung River normalization activity. Suggestions are that regional governments in making regional regulations should not conflict with statutory regulations so that there is no confusion in implementing them in the field and it is necessary to harmonize the Regulation of the Minister of ATR/BPN Number 19 of 2021 with the Regulation of the Governor Number 82 of 2017 considering that a regulation that is made must meet the values of certainty, justice and benefit
PENGEMBALIAN KERUGIAN KEUANGAN NEGARA MELALUI PENDEKATAN KEADILAN RESTORATIF DALAM PERKARA TINDAK PIDANA KORUPSI DANA DESA DI KABUPATEN HALMAHERA BARAT Hama, Albert; Mau, Hedwig A.; Ismed, Mohammad
SINERGI : Jurnal Riset Ilmiah Vol. 2 No. 7 (2025): SINERGI : Jurnal Riset Ilmiah, Juli 2025
Publisher : Lembaga Pendidikan dan Penelitian Manggala Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62335/sinergi.v2i7.1550

Abstract

In Indonesia, corruption in the management of village funds has emerged as a critical concern, particularly because these funds serve as the primary source of financing for village‑level development. This study aims to analyze the regulatory framework governing the restitution of state financial losses in cases of village‑fund corruption and to examine the application of a restorative‑justice approach to recovering such losses in West Halmahera Regency. The theoretical foundation comprises law‑enforcement theory and restorative‑justice theory. This research is classified as empirical legal research, employing a socio‑legal approach. Primary data constitute the principal information source, supplemented by secondary and tertiary materials to enrich the analysis. Data were collected through interviews and document review. A doctrinal (juridical) analysis was conducted to explicate the legal phenomena under investigation. The findings reveal that Indonesia’s anti‑corruption efforts have evolved from a generalized legal framework toward the strengthening of specialized norms and procedures. This progression is embodied in Law No. 31 of 1999, as amended by Law No. 20 of 2001—which refines definitions and increases sanctions; the establishment of the Corruption Eradication Commission under Law No. 30 of 2002; and the establishment of a specialized corruption court pursuant to Law No. 46 of 2009. These instruments integrate preventive mechanisms (such as asset declarations and forensic audits) with repressive measures (including asset seizure, forfeiture, and penal mediation) to both punish offenders and restore state financial losses. Moreover, in the village context—specifically in West Halmahera Regency—a restorative‑justice model that combines mediation, asset restitution, and the engagement of customary community leaders, and that is tailored to local geographic, cultural, and institutional characteristics, has the potential to expedite the recovery of village funds, cultivate a culture of accountability and transparency, and reinforce inclusive, responsive, and sustainable village governance as a foundation for long‑term corruption prevention and enhanced public trust
Kepastian Hukum Kewenangan Diskresi Direksi BUMN dalam Perspektif Prinsip Good Corporate Governance Herwibowo, Bambang Hajar; Maryano, Maryano; Mau, Hedwig A.
CENDEKIA : Jurnal Penelitian dan Pengkajian Ilmiah Vol. 2 No. 8 (2025): CENDEKIA : Jurnal Penelitian Dan Pengkajian Ilmiah, Agustus 2025
Publisher : Lembaga Pendidikan dan Penelitian Manggala Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62335/cendekia.v2i8.1662

Abstract

This study examines the legal certainty of the discretionary authority of Directors of State-Owned Enterprises (SOEs) from the perspective of the principles of Good Corporate Governance (GCG). The issue arises when discretionary powers, which are intended to serve the business interests of the company, result in losses that are deemed state financial losses, thereby creating the potential for the criminalization of business decisions. This phenomenon reflects legal uncertainty and the suboptimal application of GCG principles as guidelines in strategic decision-making by SOE directors. The research employs a normative juridical method with a statute approach and a conceptual approach. Data sources include primary, secondary, and tertiary legal materials, analyzed deductively. The analysis focuses on the regulation of SOE directors’ discretionary authority based on Law Number 40 of 2007 concerning Limited Liability Companies, Law Number 19 of 2003 concerning State-Owned Enterprises and its amendments, as well as other relevant regulations, using the principles of transparency, accountability, responsibility, independence, and fairness as benchmarks. The findings reveal that, normatively, the discretionary authority of directors has a clear legal basis, but its implementation still faces obstacles such as regulatory overlap, differing interpretations by law enforcement authorities, and the absence of clear technical guidelines to distinguish between reasonable business losses and unlawful acts. Consistent enforcement of GCG principles can prevent the abuse of authority and protect directors from the risk of criminalization, provided that decisions are made in good faith, with due care, and free from conflicts of interest. Therefore, harmonization of regulations, strengthening of operational guidelines, and the establishment of an effective oversight system are required to ensure that SOE directors’ discretion can be exercised in an accountable manner while remaining adaptive to business dynamics.