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All Journal Journal of Law, Poliitic and Humanities Strategi Memperkuat Integritas Lembaga Peradilan Indonesia Judex Laguens
Andi Sitti Ainy Nur Alifah
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Humanities Economics, Econometrics & Finance Education Immunology & microbiology Law, Crime, Criminology & Criminal Justice Library & Information Science Social Sciences

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Legal Certainty of Written Evidence of Land Formerly Owned by Indigenous Communities in Land Registration in Indonesia Timoty Ezra Simanjuntak; Jokki Obi Mesa Situmeang; Aldo Prasetyo Riyadi; Mohammad Didi Ardiansah; Andi Sitti Ainy Nur Alifah
Journal of Law, Politic and Humanities Vol. 5 No. 4 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i4.1403

Abstract

This research aims to examine the legal certainty regarding written evidence of land formerly owned by indigenous communities in the context of land registration in Indonesia following the enactment of Government Regulation No. 18 of 2021 concerning Management Rights, Land Rights, Apartment Units, and Land Registration. Additionally, this research explores the mechanisms for resolving land ownership disputes based on written evidence of land formerly owned by indigenous communities. The research methodology is conducted through a normative juridical approach, supplemented by interviews with key informants and an analysis of relevant legislation. The findings indicate that, according to Government Regulation No. 18 of 2021, written evidence of land formerly owned by indigenous communities is deemed invalid and serves only as a clue for land registration in Indonesia. Consequently, there has been a shift in the evidentiary power that was previously recognized as valid evidence; under the new regulation, it is now merely a clue for land registration. Nevertheless, in the event of a dispute over ownership of such land, written evidence of land formerly owned by indigenous communities may still be utilized as evidence in court.
Hak untuk Dilupakan sebagai Frontier of Justice: Analisis Peran Hakim dalam Mewujudkan Keadilan Digital Andi Sitti Ainy Nur Alifah; Bulan, Indra
Judex Laguens Vol 3 No 2 (2025)
Publisher : Ikatan Hakim Indonesia (IKAHI)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/ikahi.3.2.8.2025.325-340

Abstract

The presence of right to be forgotten is an essential starting point for protecting human dignity through the deletion, restrictions, or changing past records on internet. However, there are many challenges in the implementation of it which presents new limitations to the renewal of justice (frontier of justice). This study is going to answer how right to be forgotten is the frontier of justice and what is the role of judges in implementing right to be forgotten in order to realize digital justice. The urgency is to determine the role of judges in adapting to legal developments, such as determining the limits of justice for the existence of right to be forgotten. The method used is normative juridical with a literature review that will be concluded deductively. This study indicate that right to be forgotten is included in the frontier of justice because this right brings new boundaries in the process of seeking justice. These boundaries of justice arise because there is a clash in efforts to implement right to be forgotten with the implementation of other rights. Thus, judges through their decisions become the main pillar for implementing right to be forgotten. The role of judges is very crucial in maintaining human rights so that they are always balanced and do not cause conflict with other rights.
Hak untuk Dilupakan sebagai Frontier of Justice: Analisis Peran Hakim dalam Mewujudkan Keadilan Digital Andi Sitti Ainy Nur Alifah; Bulan, Indra
Judex Laguens Vol 3 No 2 (2025)
Publisher : Ikatan Hakim Indonesia (IKAHI)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/ikahi.3.2.8.2025.325-340

Abstract

The presence of right to be forgotten is an essential starting point for protecting human dignity through the deletion, restrictions, or changing past records on internet. However, there are many challenges in the implementation of it which presents new limitations to the renewal of justice (frontier of justice). This study is going to answer how right to be forgotten is the frontier of justice and what is the role of judges in implementing right to be forgotten in order to realize digital justice. The urgency is to determine the role of judges in adapting to legal developments, such as determining the limits of justice for the existence of right to be forgotten. The method used is normative juridical with a literature review that will be concluded deductively. This study indicate that right to be forgotten is included in the frontier of justice because this right brings new boundaries in the process of seeking justice. These boundaries of justice arise because there is a clash in efforts to implement right to be forgotten with the implementation of other rights. Thus, judges through their decisions become the main pillar for implementing right to be forgotten. The role of judges is very crucial in maintaining human rights so that they are always balanced and do not cause conflict with other rights.
Co-Authors Aldo Prasetyo Riyadi Bulan, Indra Jokki Obi Mesa Situmeang Mohammad Didi Ardiansah Timoty Ezra Simanjuntak