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All Journal JURNAL HUKUM
Harsanto Nursadi
Universitas Indonesia, Depok, Indonesia

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Ensuring Land Status Security to Accelerate the Rejuvenation of Small-Scale Oil Palm Plantations in Indonesia Mutiara Panjaitan; Agus Sardjono; Harsanto Nursadi
Jurnal Hukum Vol 40, No 2 (2024): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jh.v40i2.39387

Abstract

This study examines the role of land status in accelerating the Small-scale Palm Oil Rejuvenation (Peremajaan Sawit Rakyat or PSR) program in Indonesia, particularly in light of the Job Creation Law and its derivative regulations. The research aims to evaluate the effectiveness of these legal provisions in addressing challenges within the palm oil sector, especially for small farmers, by ensuring land status certainty. A normative legal research approach, utilizing NVivo 12 Plus software for data analysis, was employed to analyze secondary data from regulations, journal articles, government reports, and online media. The study finds that resolving land status issues is crucial for the effective implementation of the PSR program, highlighting the need for improvements in geospatial data support, synchronization of statutory regulations, and coordination among ministries and local governments. The results emphasize the importance of continuous policy review and legal adjustments to overcome the complexities of land tenure in the palm oil industry. This research provides practical insights for stakeholders to reform land policies and enhance the implementation of the PSR program, ultimately contributing to the growth and sustainability of smallholder palm oil plantations in Indonesia.
Civil Disputes Between Government and Individuals: A Comparative Study of Indonesia and French Legal System Wigati Pujiningrum; Rosa Agustina; Harsanto Nursadi
Jurnal Hukum Vol 40, No 2 (2024): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jh.v40i2.39388

Abstract

This study aims to compare the legal systems of Indonesia and France in handling civil disputes involving the government and individuals. The research highlights challenges related to judicial independence, procedural efficiency, and fair trial accessibility for private individuals in both countries. This study assesses legislative developments and procedural safeguards in both countries, examining their effectiveness in resolving disputes and identifying strengths and weaknesses. In Indonesia, the dual judiciary system separates the General Courts, which handle both civil and criminal cases, from the Administrative Courts, dedicated to disputes involving government bodies. In contrast, France’s integrated legal approach under its administrative law tradition, overseen by the Conseil d’État, emphasizes separation of powers and judicial oversight to ensure government decisions comply with the rule of law. The French system incorporates corrective justice principles, offering comprehensive remedies to address losses in civil disputes, which differ significantly from Indonesia’s approach. It underscores Indonesia’s ongoing legal reforms aimed at enhancing judicial independence and France’s robust administrative jurisprudence that checks executive power, offering insights to improve administrative justice and protect individual rights in various legal contexts.