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All Journal JUSTITIA JURNAL HUKUM INTERNATIONAL JOURNAL OF CULTURAL AND SOCIAL SCIENCE
Misranto
Unknown Affiliation
Humanities Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Social Sciences

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The Existence of Legal Politics in Realizing a Just State of Law Ike Yuvayanti; Misranto; Moh. Muhibbin
JUSTITIA JURNAL HUKUM Vol 9 No 1 (2025): Justitia Jurnal Hukum
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justitia.v9i1.25928

Abstract

The rule of law aims to create justice, but in practice, legal politics is often influenced by the interests of economic and political elites. Injustice occurs due to regulations that favor certain groups over the welfare of the community at large. One example is regulatory changes in the mining sector that facilitate investment but ignore the rights of surrounding communities. This study aims to analyze the role of legal politics in realizing an equitable rule of law. This study explores how legal politics affects regulations, legal implementation, and its impact on society, especially in the context of mining policy. This research uses a normative method with a literature study approach. Secondary data is obtained from books, scientific journals, and relevant laws and regulations. The approaches used include statute approach, conceptual approach, and case approach to understand the influence of legal politics in public policy. legal politics in Indonesia still tends to favor the interests of the elite, resulting in inequality of justice. Inconsistent law implementation, weak rule of law, and political intervention in the judicial system hinder the realization of social justice. Regulations in the mining sector, for example, favor entrepreneurs over the welfare of local communities. Therefore, political legal reforms are needed that favor the interests of the people, strengthen the rule of law, and ensure the protection of human rights in order to create a just rule of law.
IMPLEMENTATION OF LAND DISPUTE SETTLEMENT BY VILLAGE HEAD TOWARDS VILLAGE COMMUNITY (STUDY OF RANDUATI VILLAGE, NGULING DISTRICT, PASURUAN REGENCY) A. Jalalludin; Misranto; Diyan Isnaeni
International Journal of Cultural and Social Science Vol. 6 No. 1 (2025): International Journal of Cultural and Social Science
Publisher : Pena Cendekia Insani

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53806/ijcss.v6i1.1032

Abstract

This study focuses on the preferences of the Randuati Village community towards informal mediation mechanisms by the village head in resolving land disputes. Using a qualitative approach with a case study method, data were obtained through in-depth interviews and participatory observations. The results of the study indicate that the choice of informal mediation is not only due to limited access to the formal legal system, but further reflects collective trust in the social and historical authority of the village head. This confirms the existence of legal pluralism, where formal law and local law not only coexist but also influence each other in the practice of conflict resolution. The village head acts as a legal broker who bridges state law with the law that lives in society. The implications of this finding emphasize that justice at the grassroots level is the result of a complex interaction between norms, culture, and social structures. This study makes an important contribution to the development of more contextual and community-based agrarian policies, as well as opening up space for strengthening local mediation systems that are responsive to community needs.
Co-Authors A. Jalalludin Ike Yuvayanti Isnaeni, Diyan Mohammad Muhibbin