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Regulatory reform of land acquisition for public interest after the omnibus law on job creation Setiawan, Muhammad Rifaldi; Anugerahayu, Ayang Afira
Priviet Social Sciences Journal Vol. 5 No. 12 (2025): December 2025
Publisher : Privietlab

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55942/pssj.v5i12.1120

Abstract

Land acquisition for public interest constitutes a fundamental aspect of national development; however, it frequently generates conflicts owing to the tension between development objectives and the protection of community rights. Prior to the enactment of Law Number 11 of 2020 on Job Creation, the legal framework governing land acquisition was regulated by Law Number 2 of 2012, which, despite providing a comprehensive statutory basis, continued to face obstacles, including lengthy procedures, high costs, and dissatisfaction with the compensation determination process. The enactment of the Job Creation Law introduced significant changes through the simplification of procedures, expansion of the definition of public interest, strengthening of institutional mechanisms, digitization of processes, and introduction of the land bank concept. This new regulation aims to accelerate infrastructure development while safeguarding community rights through more flexible compensation mechanisms and effective dispute resolution processes. However, these reforms raise concerns about a potential reduction in protection for vulnerable groups due to procedural acceleration. This study employs a normative and conceptual approach, drawing on statutory analysis and legal doctrine to assess the implications of the new regulatory framework. The findings indicate that although the Job Creation Law enhances the efficiency of land acquisition, the success of its implementation ultimately depends on the quality of on-the-ground execution, strict oversight, and the active participation of affected communities in the decision-making process.
The position of religious marriage guardians (wali muhakkam) in Islamic law and Indonesian positive law: Analysis of decision number 935/pdt.p/2024/pa.gm Anugerahayu, Ayang Afira; Setiawan, Muhammad Rifaldi
Priviet Social Sciences Journal Vol. 6 No. 1 (2026): January 2026
Publisher : Privietlab

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55942/pssj.v6i1.1134

Abstract

The existence of a marriage guardian (wali nikah) constitutes an essential pillar of marriage that must be fulfilled for a prospective bride under Islamic law and Indonesian positive law. However, in practice, there are marriages conducted without a lineage guardian (wali nasab) or a judicial guardian (wali hakim), instead utilizing a guardian from among religious figures or Islamic scholars (ustadz), commonly referred to as wali muhakkam. This practice is not regulated by the Compilation of Islamic Law (Kompilasi Hukum Islam), resulting in legal uncertainty. This article analyzes the legal standing of religious figure guardians and their sharīʿah and juridical foundations through a case study of the Decision of the Giri Menang Religious Court Number 935/Pdt. P/2024/PA.GM, which validated a marriage officiated by an ustadz acting as wali muhakkam. This study employs a normative legal research method using statutory, conceptual, and case approaches. The findings indicate that, from a fiqh perspective, the appointment of a wali muhakkam may be justified under emergency conditions, whereas under positive law, its existence only attains legal legitimacy through the mechanism of marriage legalization (nikah isbat). The analyzed decision demonstrates a degree of legal adaptability in accommodating social realities based on the principle of maslahah. Therefore, reconstructing the regulation concerning marriage guardians in national law is necessary to ensure that the practice of wali muhakkam no longer remains within a legal gray area.