Bandu, Sri Jekan Anggun
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Penyelesaian Sengketa Transaksi Tanah Adat Bandu, Sri Jekan Anggun; Tjoanda, Merry; Uktolseja, Novyta
BAMETI Customary Law Review Vol 1 No 1 (2023): Juni 2023 BAMETI Customary Law Review
Publisher : Pusat Kajian Pesisir dan Masyarakat Hukum Adat Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/bameti.v1i1.9903

Abstract

This study discusses the legitimacy of customary land transactions, land ownership by conducting land transactions, the emergence of disputes from customary land transactions, and the process of resolving disputes over customary land transactions through litigation and non-litigation channels. Purposes of the Research: To find out the legitimacy of customary land transactions and find out about the dispute resolution process of customary land transactions. This study uses the Normative Law research method which is carried out by examining legal materials related to the problems being studied, using statutory and conceptual approaches, and using primary and secondary data and analyzed descriptively. Results of the Research: Basically transactions are made individually, the transaction still may not conflict with normative provisions that exist in society (requirements for the validity of the agreement/transaction; legal reasons). Because it cannot be separated from society, transactions in customary law can only be said to be valid if individual interests are balanced with the interests of society. In the process of resolving customary land transaction disputes, litigation and non-litigation can be carried out. Settlement of disputes over customary land through litigation as a settlement of disputes between parties which is carried out through examinations before judges in court institutions, in the development of the times the community's need for justice and prosperity is getting bigger. So the settlement of disputes through litigation or courts is gradually felt to be less effective, the settlement of land disputes through litigation is felt to take too long and costs quite a lot. This situation causes justice seekers to look for other alternatives, namely by resolving disputes outside the formal court process, an alternative known as dispute resolution through non-litigation channels.
KONSISTENSI KEBIJAKAN EKONOMI DALAM HUKUM DAN IMPLIKASINYA TERHADAP PERTUMBUHAN SEKTOR USAHA DI INDONESIA Bandu, Sri Jekan Anggun; Delma Iren Bandu
Honeste Vivere Vol 36 No 1 (2026): Januari 2026
Publisher : Fakultas Hukum Universitas Kristen Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55809/hv.v36i1.607

Abstract

In the context of legal policy in Indonesia, consistency in economic policy and public welfare is a major concern in supporting business sector growth. This study explores two main approaches in legal policy: the public welfare approach, which focuses on improving the overall standard of living of the community, and the business sector growth approach, which emphasizes the distribution of opportunities and the protection of individual rights. The methodology used is qualitative with a descriptive-analytical approach, including literature studies, legal document analysis, and data analysis. The results of the study show that although various policies have been implemented to improve public welfare, challenges remain, such as a lack of coordination between institutions and limited budgets. These two approaches complement each other, whereby effective policies must be able to integrate the principles of justice and economic growth. This study concludes that the realization of justice and business sector growth in Indonesia needs to be carried out through efforts to distribute resources evenly and pay attention to disadvantaged groups in society, in order to create more equitable and sustainable welfare.