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Legal Implications of the Installation of Road Portals by the Community in Sungai Toman Village Haryadi, Nudi; Muhibbin, Moh.; Isnaeni, Diyan
Lambung Mangkurat Law Journal Vol. 10 No. 2 (2025): September
Publisher : Program magister Kenotariatan Fakultas Hukum Universitas Lambung Mangkurat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32801/abc.v10i2.250

Abstract

Roads are key supporting facilities for land mobility, both for people and for land transportation vehicles transporting people and goods. Roads, as vital infrastructure, play a central role in supporting modern life. However, the function and sustainability of roads are often disrupted by various violations that harm the public interest. One form of violation of road utilization and management is the unauthorized installation of road portals.This research is a juridical-empirical legal study using a sociological juridical approach and a statutory regulatory approach (Stuttute Approach). The objectives of this research are to analyze and describe: (1) the government's role in regulating and supervising road portal installation, (2) the impact of road portal installation on public mobility, and (3) the legal implications of violations of road management and utilization. The data used are primary data from direct sources and secondary data from legal materials in the form of laws and regulations, scientific journals, and relevant documents. Data collection was conducted using interviews and literature review techniques. The research findings indicate that the installation of road portals in Sungai Toman Village constitutes a violation of the law regarding the implementation and utilization of road functions. In general, the government has the authority to regulate and supervise the installation of portals, the provisions of which are realized in Regional Regulation Number 29 of 2001 concerning Tonnage and Portals and Regional Regulation Number 9 of 2017 concerning the Implementation of Public Order. The installation of these portals has an impact on various aspects of community life, including impacts on public mobility, economic and commercial mobility, as well as impacts on social dynamics and horizontal conflict
Public Consultation Regulations on Land Acquisition for Toll Roads for Public Interests in the Perspective of Law Number 2 of 2012 Senia Dwi Astuti; Diyan Isnaeni
Journal of Law, Politic and Humanities Vol. 5 No. 2 (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.v5i2.1137

Abstract

Public Consultation serves as a mechanism to gather the thoughts, ambitions, and concerns of the community pertaining to land acquisition projects. In the realm of land purchase for public interest, Public Consultation is not merely a formality; it is a crucial step for enhancing decision-making, fostering public engagement, and establishing a robust foundation for sustainable development. The concept of public interest in land acquisition for toll roads, as delineated in Law No. 2 of 2012 regarding Land Acquisition for Development in the Public Interest, indicates that such acquisition is categorized under Article 10, letter b, which classifies toll roads as a form of land acquisition serving the public interest. This is substantiated by the Constitutional Court Decision; furthermore, property acquisition for toll highways satisfies the criteria for the concept of interest outlined in Article 6, specifically for the interests of the nation, state, and society, regardless of whether it is publicly communicated to the community.
LEGAL POLICY ON PREVENTING ENVIRONMENTAL DAMAGE TO PEATLANDS IN THE CONTEXT OF ACHIEVING SUSTAINABLE DEVELOPMENT Asse, Ambok; Sunardi, Sunardi; Isnaeni, Diyan
JCH (Jurnal Cendekia Hukum) Vol 11, No 1: JCH (JURNAL CENDEKIA HUKUM)
Publisher : LPPM STIH Putri Maharaja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33760/jch.v11i1.1294

Abstract

Peatland management has become a crucial issue, and it is necessary to examine the complexity of peatland issues through research that prioritizes environmental protection. The research method used in this study is normative research (doctrinal legal research). The data collection technique used is a literature study. The data obtained was analysed qualitatively and normatively. The findings indicate that there are numerous regulations governing peatlands, ranging from the most general to the most specific. However, the implementation of these regulations remains uneven, as evidenced by the continuing damage to the peatland environment. There is a need for firm legal action, both in terms of normative and administrative regulations. The political configuration of law in preventing environmental damage to peatlands can be realised through sustainable development. Nevertheless, a democratic political configuration of law is needed, imposing restrictions on government actions to protect individuals and groups, with the aim of safeguarding indigenous peoples or communities that already have systems and regulations in place for their environment. The direction of legal policy in efforts to prevent environmental damage to peat ecosystems can be through explicit regulations, providing certainty to indigenous peoples through the Indigenous Peoples Act, agrarian reform, and stopping the seizure of peatlands in the name of whatever it may be.