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All Journal Arena Hukum Awang Long Law Review
Ismail, Rezky Robiatul Aisyiah
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Law, Crime, Criminology & Criminal Justice

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Paradigma Positivisme Hukum John Austin Di Era Posmodernisme Setiawan, Adam; Ismail, Rezky Robiatul Aisyiah
Arena Hukum Vol. 16 No. 3 (2023)
Publisher : Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.arenahukum.2023.01603.3

Abstract

The purpose of this research is to find out how the legal positivism paradigm of John Austin in the era of postmodernism and explain the relevance of legal positivism in law enforcement in Indonesia. This research uses method of philosophy of law. The results are that John Austin's legal positivism paradigm in the era of postmodernism is increasingly losing its way because it is exclusive. The legal positivism paradigm cannot be a guidance in law because the shortcomings of the legal positivism paradigm include the legal positivism paradigm constructed by Austin that is unable to accommodate important aspects outside the specified elements such as ethical, moral, and religious elements. Although, the paradigm of legal positivism in Indonesia has become the main point of law enforcement because of the continental European legal tradition. However, in practice the legal positivism paradigm is not compatible with the existing legal patterns in Indonesia because: (1) Indonesian society is heterogeneous; (2) Social, political, and economic developments are transforming so rapidly that the law is lagging behind; and (3) Indonesian people are religious but have no absolute ideology of religion.
STATE AUTHORITY IN LAND CONTROL: CONSTITUTIONAL ANALYSIS OF THE IMPLEMENTATION OF ARTICLE 33 PARAGRAPH 3 OF THE 1945 CONSTITUTION Rizky, Ahmad Valdo; Isnawati; Putri, Dina Paramitha Hefni; Ismail, Rezky Robiatul Aisyiah
Awang Long Law Review Vol. 8 No. 1 (2025): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v8i1.1865

Abstract

This study seeks to explore comprehensively the application of Article 33 paragraph (3) of the 1945 Constitution, which governs the state’s authority over land ownership, through philosophical, historical, and sociological lenses. Philosophically, the notion of state control over the earth, air, and natural resources underscores the role of the state as the supreme steward entrusted with managing these assets for the collective welfare of its citizens, rather than as a private proprietor. This principle reflects the ideals of social justice that were abolished in the values of Pancasila. Historically, the transformation from the colonial concept of domein verklaring to the UUPA system illustrates a shift in the paradigm of land management in order to affirm the nation's rights to natural resources. Sociologically, the state is present as a regulator to guarantee fair land distribution and the protection of community rights, including customary rights, amidst the dynamics of economic growth and urbanization. The constitutional mandate contained in Article 33 paragraph (3) of the 1945 Constitution affirms that every land governance policy should prioritize the prosperity of the people by ensuring harmony between private rights and collective interests, while simultaneously preventing the concentration of ownership and potential land-related disputes.
THE ROLE OF AGRARIAN REFORM IN RESOLUTION OF TENURIAL CONFLICTS IN THE LEGISLATION AREA Al-Ikhsan, Rifal; Farahwati; Ismail, Rezky Robiatul Aisyiah; Charsarino, Heribertus Richard
Awang Long Law Review Vol. 8 No. 1 (2025): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v8i1.1868

Abstract

Land ownership and control disputes in Indonesia are complex legal issues, rooted in unequal land distribution, overlapping laws and regulations, and minimal recognition of the rights of indigenous peoples and local communities. From the colonial period to the reform era, agrarian policies in Indonesia have often created legal uncertainty, particularly regarding the designation of state forest areas and conservation that ignore community customary rights. Agrarian reform exists as a strategic instrument to address structural inequalities, resolve land disputes, and realize social justice as mandated by MPR Decree No. IX/MPR-RI/2001 and UUPA No. 5 of 1960. This study uses a normative method by examining various laws and regulations, doctrines, and legal theories related to agrarian matters and the resolution of tenurial conflicts. The results show that the effectiveness of agrarian reform in resolving tenurial conflicts is highly dependent on the harmonization of cross-sectoral regulations, the strengthening of state institutions such as the Agrarian Reform Task Force (GTRA) and the ATR/BPN, and the recognition of indigenous peoples' rights. The theoretical approach of national agrarian law, social justice, and a holistic legal system emphasizes that agrarian reform is not merely land redistribution, but also a process of legal renewal and agrarian governance that is just, participatory, and sustainable. Therefore, agrarian reform must be positioned as the primary legal instrument in resolving tenure conflicts, leading to legal certainty and social justice for all levels of society.
Co-Authors Adam Setiawan, Adam Al-Ikhsan, Rifal Charsarino, Heribertus Richard Farahwati ISNAWATI Putri, Dina Paramitha Hefni Rizky, Ahmad Valdo