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The Effectiveness Of The Absentee Land Ban In Realizing Social Justice For Farmers Marwiyah Marwiyah; Sri Mulyani; Rudi Mulyanto
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i2.6100

Abstract

Land has a central role in the lives of the Indonesian people, especially in the agricultural sector. However, the practice of land ownership in absentee (guntai) is still a problem that is contrary to the principles of land reform in Indonesia. This study aims to analyze the effectiveness of regulations regarding the prohibition of absentee land ownership and its impact on smallholders. The research method used is normative legal research with a legislative approach and case studies in Banyuwangi Regency. The results of the study show that the ban on absentee land ownership has not been effective due to weak law enforcement, non-compliance with the times, and the practice of buying and selling land under the hands. The conclusion of this study emphasizes the need for stricter land redistribution policies and a transparent land administration system to prevent inequality in land ownership and improve the welfare of smallholders
INTEGRATIVE MODEL FOR ADDRESSING EARLY MARRIAGE THROUGH A LEGAL ANTHROPOLOGY APPROACH IN BANYUWANGI REGENCY Ayu Herlin Norma Yunita; Marwiyah
SOSIOEDUKASI Vol 14 No 4 (2025): SOSIOEDUKASI : JURNAL ILMIAH ILMU PENDIDIKAN DAN SOSIAL
Publisher : Fakultas Keguruan Dan Ilmu Pendidikan Universaitas PGRI Banyuwangi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36526/sosioedukasi.v14i4.6323

Abstract

This study aims to: 1) identify the factors triggering early marriage in Banyuwangi Regency; 2) examine public perceptions of early marriage; and 3) develop an integrative model to address early marriage through a Legal Anthropology approach. A qualitative research method with a critical analysis approach was employed, covering research location and timeframe, approach, data sources, data collection and validation techniques, and data analysis Finding indicate that Client-Centered Therapy (CCT) based on Legal Anthropology provides an effective alternative strategy to address persistent early marriage cases. This approach positions individuals as central agents in solution-finding while integrating cultural, customary, and legal contexts. Counselors facilitate adolescents, parents, and community leaders in expressing experiences, motivations, and social pressures underlying early marriage. The model harmonizes state law, customary law, and religious values, avoiding cultural conflicts. Its implementation has enhanced dialogue between youth and families, increased awareness of early marriage’s negative impacts, and established community-based prevention mechanisms. Thus, CCT grounded in Legal Anthropology not only empowers individual decision-making but also promotes social transformation toward child protection and gender equality.
Degradation of Proof of Certificate of Title through Complete Systematic Land Registration in Civil Disputes Rudi Mulyanto; Marwiyah; Etis Cahyaning Putri
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 4 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i4.807

Abstract

The Certificate of Ownership of the Complete Systematic Land Registration serves as an important means of proof in ensuring legal certainty of land rights. However, in civil disputes, the evidentiary strength can be weakened if the certificate issuance process is not supported by legal grounds, physical data, juridical data, and accurate verification. This study aims to analyze the degradation of the proof of Certificate of Property Rights through Complete Systematic Land Registration in civil disputes. The research uses a document-based empirical juridical method with a case study approach to Decision Number 221/Pdt.G/2024/PN Byw. Data was collected through literature studies and documentation of court decisions, land regulations, land registration documents, and related legal literature. The analysis was carried out using qualitative content analysis and legal arguments through codification of the basis of rights, physical data, juridical data, systematic land registration procedures, and judges' considerations. The results of the study showed that the degradation of evidence occurred due to data inconsistency with the village administration, weak research on the basis of rights, conflict of interest in the verification process, and lack of optimal institutional control before the certificate was issued. A certificate of title is not seen as absolute evidence, but rather a strong piece of evidence that can be broken by more convincing evidence of inheritance, land history, and possession facts. This study emphasizes the importance of independent verification, land data validation, and strengthening the accountability of Complete Systematic Land Registration to prevent disputes and increase the evidentiary strength of certificates.