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All Journal JHCLS Contrarius
Anis Mashdurohatun
Faculty of Law, Universitas Islam Sultan Agung Semarang, Semarang
Environmental Science Health Professions Law, Crime, Criminology & Criminal Justice

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Legal Protection of Coastal Community Land Tenure Rights Anis Mashdurohatun; Abdul Hanis Embong
Contrarius Vol. 1 No. 2 (2025): Contrarius
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/contrarius.v1i2.209

Abstract

Indonesia has established numerous legal frameworks governing land ownership and land use in coastal areas; however, ineffective enforcement, overlapping institutional authorities, inconsistent regional implementation, and limited protection of community rights continue to undermine their effectiveness. This study examines the regulation and management of land tenure rights for coastal communities and identifies normative weaknesses that generate legal uncertainty and social injustice. The research applies a normative juridical method, employing statutory, conceptual, and comparative approaches, with a focused comparison on the Philippine legal framework. The findings reveal that unequal access to land, fragmented institutional authority, and the dominance of a legalistic-positivist regulatory paradigm actively marginalize coastal communities, particularly indigenous peoples, and expose them to a heightened risk of displacement. By contrast, the Philippines adopts an integrated and participatory legal approach that positions coastal and indigenous communities as primary stakeholders in natural resource governance through constitutional recognition, public land regulation, indigenous rights protection, and fisheries management. This framework strengthens community participation through community-based coastal resource management and promotes shared responsibility for ecosystem sustainability. The study concludes that Indonesia must reform its coastal land tenure regulations by adopting a rights-based and participatory legal approach that enhances legal certainty, advances social justice, and ensures a balanced relationship between environmental protection and the socio-economic sustainability of coastal communities.
Legal Protection of Creditors with Rejected Claims under Debt Payment Suspension Framework Anis Mashdurohatun; Jamaslin James Purba; Edi Purwanto; Gunarto Gunarto; Henning Glaser
Journal of Human Rights, Culture and Legal System Vol. 6 No. 1 (2026): Journal of Human Rights, Culture and Legal System
Publisher : Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jhcls.v6i1.916

Abstract

The legal framework governing the Suspension of Debt Payment Obligations facilitates equitable debt restructuring; however, it fails to provide adequate protection for creditors whose claims debtors reject because it lacks a clear dispute resolution mechanism that ensures legal certainty and upholds justice. This study applies a normative juridical method through statutory, conceptual, and analytical approaches. It constructs its theoretical foundation upon principles of justice, the normative values of Pancasila, and progressive legal thought in order to evaluate both normative coherence and substantive fairness. The results demonstrate that first, the current system fails to provide adequate legal protection for creditors because it does not establish a renvoi mechanism to resolve disputed claims within the process, which creates uncertainty in claim verification. Second, the system depends on the discretionary authority of the supervisory judge, which does not consistently produce fair and predictable outcomes for creditors. Third, the regulatory framework prioritizes procedural efficiency over the realization of substantive justice, thereby weakening the protection of creditor rights and indicating the need for legal reconstruction to develop a more balanced framework that ensures legal certainty, fairness, and effective dispute resolution.
Bridging Formal Legality and Living Law Public Prosecutorial Policies to Achieve Justice Anis Mashdurohatun; Mahmoud W M Abu Wazna; Mahmoud Elsayed Atyea Abdasmad; Joman Rabah Mahfouth Alkhatib
Contrarius Vol. 2 No. 2 (2026): Contrarius
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/contrarius.v2i2.272

Abstract

Recognition of living law: Article 2 of Law Number 1 of 2023 concerning the Criminal Code marks a paradigm shift in Indonesian criminal law from the principle of formal legality to material legality. However, this change has not been accompanied by an update to criminal procedural law. In fact, Criminal Procedure Code (KUHAP) remains oriented towards legal positivism and does not provide a procedural mechanism to integrate existing social norms into criminal justice practices. This situation creates tension between legal pluralism, legal certainty, and demands for substantive justice in the criminal justice system. This study aims to analyse: (1) the position of the Criminal Procedure Code in accommodating living law in the criminal justice process; (2) the role of the Prosecutor's Office as dominus litis in integrating living law through prosecution policy; and (3) the reconstruction model of prosecution policy in the perspective of ius constituendum in order to realize the integration between formal legality and material legality. The study uses a normative legal research method with a statutory, conceptual, and comparative approach, and is analysed using the theory of justice, the Pancasila theory of justice, and Gustav Radbruch’s theory of legal values. The results of the study indicate that: (1) the Criminal Procedure Code functions as a procedural law based on formal legality so that it has not been able to operationalize the recognition of living law procedurally; (2) the Prosecutor's Office has in fact accommodated living law through prosecutorial discretion and restorative justice, but does not yet have systemic procedural legitimacy; and (3) reconstruction of prosecution policy is needed through a facilitation model by prosecutors, judicial verification, court decisions, and state execution in order to balance legal certainty, substantive justice, and social benefits in the Indonesian criminal justice system.
Co-Authors Abdul Hanis Embong Edi Purwanto Gunarto Gunarto Henning Glaser Jamaslin James Purba Joman Rabah Mahfouth Alkhatib Mahmoud Elsayed Atyea Abdasmad Mahmoud W M Abu Wazna