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Anis Mashdurohatun
Faculty of Law, Universitas Islam Sultan Agung Semarang, Semarang

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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 : Lembaga 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.