Article Per Year (5 Year)
p-Index From 2020 - 2025
0.408
P-Index
This Author published in this journals
All Journal Jurnal Penelitian Hukum De Jure The Indonesian Journal of Socio-Legal Studies
-, Syahwal
Unknown Affiliation
Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences Other

Published : 2 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 2 Documents
Search

 1 
Politik Perampasan Tanah: Kematian Senyap Emansipasi dalam Hukum Agraria Wahanisa, Rofi; -, Syahwal; Mukminto, Eko
Jurnal Penelitian Hukum De Jure Vol 25, No 2 (2025): July Edition
Publisher : Law and Human Rights Policy Strategy Agency, Ministry of Law and Human Rights of The Repub

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/dejure.2025.V25.133-150

Abstract

In the midst of Indonesia's ongoing wave of development, agrarian conflicts that manifest in land grabbing have become increasingly prominent, despite frequently lacking clear legal justification. This study critically examines the role of law in facilitating and grabbing and interrogates the mechanism through which legal frameworks come to serve such a function. It addresses a significant gap in the scholarly discourse concerningthe legal dimensions of land dispossession. Employing a non-doctrinal approach, this research draws upon an extensive literature studies, regulatory analysis, and judicial decision reviews. The findings reveal that land grabbing in Indonesia is not merely driven by informal practices or extralegal coercion. Rather, it is frequently facilitated through legal instruments, most notably within the framework of National Strategic Projects (PSN). These projects demonstrate how the law is mobilized to legitimize dispossession, masking structural violence behind the veneer of legality. In this context, the emancipatory vision of Indonesian agrarian law faces systemic erosion. Rather than fading passively, it is actively dismantled under the influence of neoliberal imperatives embedded in post-1997 policy reforms. Ultimately, this study shows that law is not a neutral arbiter in agrarian conflict, but a powerful tool of accumulation by dispossession.
Omahe Rak Usah Apik-Apik: Adequate Housing Problems of the Urban Poor along Railway Tracks -, Syahwal
The Indonesian Journal of Socio-Legal Studies
Publisher : UI Scholars Hub

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

As urban development accelerates, urbanization has simultaneously grown as an inseparable phenomenon. However, beneath this transformation lies a crisis within the capitalist system known as overaccumulation, which has led to the marginalization of urban poor groups. This phenomenon results in the creation of slums, one of which is found in the periphery of railway tracks, where the urban poor reside. Semarang the capital of Central Java Province, Indonesia, is an apt example of such developments,. This study takes as starting point that the right to adequate housing is an integral part of human rights and addresses the issue of why the right to adequate housing is not realized for those living on the outskirts of railway tracks. Using a socio-legal approach and drawing on a critical geography conceptual framework, this research reveals that the realization of the right to adequate housing in these areas is hindered by vulnerability to eviction, a consequence of the capitalist-driven urban development paradigm. Moreover, human rights approaches tend to be liberal, based on the assumption that all individuals are equal before the law, without considering the spatial context that influences how these rights are constrained and, therefore, difficult to realize.
Co-Authors Mukminto, Eko Rofi Wahanisa