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All Journal Al-Adalah: Jurnal Hukum dan Politik Islam SENTRI: Jurnal Riset Ilmiah Ekasakti Journal of law and Justice
Multi Sri Asnani
Universitas Muhammadiyah Kendari
Aerospace Engineering Humanities Computer Science & IT Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice

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The Legality of Transmigrant Land Evictions from a Constitutional Law Perspective Agung Mubarak; Multi Sri Asnani; Dirawati
Ekasakti Journal of Law and Justice Vol. 4 No. 1 (2026)
Publisher : Master of Law Program, Ekasakti University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.60034/mtqx7a54

Abstract

The transmigration program is a strategic instrument of the state within the Welfare State framework that aims to equalize development and the welfare of the people. However, in its implementation, agrarian conflicts often occur in the form of evictions of transmigrant land for infrastructure development or other strategic projects. The problem becomes complex when the government unilaterally categorizes uncertified transmigration land as free state land, thereby ignoring the constitutional rights of citizens. The purpose of this study is to analyze the legal status and constitutional guarantees for transmigrant land and to test the legality of these evictions in terms of the principles of the rule of law and the General Principles of Good Governance (AAUPB). The research method used is normative juridical with a statutory approach and a conceptual approach. The results of the study indicate that transmigrant land rights are a manifestation of Article 28H paragraph (4) and Article 33 paragraph (3) of the 1945 Constitution, which have the status of vested rights (rights that have been born) since the legal placement by the state was carried out. The absence of a land ownership certificate is not a legal basis for evictions, but rather a form of maladministration and state negligence in carrying out the certification mandate as mandated by the Transmigration Law. The unilateral eviction of the land has been proven to violate the principles of accuracy and legal certainty in the AAUPB and indicates an abuse of authority (detournement de pouvoir). The conclusion of this study emphasizes that the government is obliged to carry out collective certification progressively and prioritize equal deliberation to ensure legal certainty and the dignity of the Indonesian rule of law
Kepastian Hukum Sertipikat Hak Atas Tanah di Atas Laut Nita Anggraini; Rudy Iskandar Ichlas; Multi Sri Asnani
SENTRI: Jurnal Riset Ilmiah Vol. 4 No. 12 (2025): SENTRI : Jurnal Riset Ilmiah, Desember 2025
Publisher : LPPM Institut Pendidikan Nusantara Global

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55681/sentri.v4i12.5203

Abstract

This study examines the regulatory challenges arising from the utilization of marine space for the construction of permanent buildings and their implications for the exercise of state authority in Indonesia. The problem emerges from a normative dualism between agrarian law and maritime law. The Basic Agrarian Law confines the regime of land rights and state control to terrestrial areas, while maritime regulations merely regulate the administrative licensing of marine space utilization without recognizing permanent legal rights. This regulatory gap creates legal uncertainty and constrains government institutions from acting consistently with the principle of legality, particularly in determining the legal status of permanent structures built over water, such as the Al-Alam Mosque in Kendari. The research aims to analyze the impact of this normative vacuum on governmental authority in providing legal certainty and to assess the juridical consequences resulting from the absence of a clear legal basis governing permanent buildings in marine areas. A normative juridical method is employed, using statutory analysis and conceptual approaches to examine regulatory hierarchy, coherence between legal regimes, and the scope of administrative authority in managing marine space. The findings reveal that the absence of explicit norms regulating the legal status of marine space for permanent structures prevents government bodies from issuing legally sustainable decisions that ensure long-term protection. The study contributes to legal discourse by clarifying structural weaknesses within the existing regulatory framework and provides practical insights for policymakers by emphasizing the urgency of establishing integrated legal instruments to ensure legal certainty, and institutional coherence.
Judicial Law-Making and the Limits of Constitutional Adjudication: Reassessing Judicial Power in Indonesia after Decision No. 92/PUU-XXII/2024 Winda Wahyuni; Multi Sri Asnani; Dirawati
Al-Adalah: Jurnal Hukum dan Politik Islam Vol.11 No.1 (2026)
Publisher : Program Studi Hukum Tata Negara, Fakultas Syariah dan Hukum Islam IAIN Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/ajmpi.v11i1.11331

Abstract

This article examines the implications of Constitutional Court Decision No. 92/PUU-XXII/2024 for the limits of judicial authority and Indonesia’s constitutional design. The decision not only reviews the constitutionality of Article 118(e) of the Village Law but also formulates an operational norm through conditional interpretation, signaling a functional shift of the Court from its classical role as a negative legislator toward judicial law-making. Employing a doctrinal legal approach with conceptual analysis and limited comparison, the study analyzes the decision, relevant legislation, and constitutional theory literature using qualitative content analysis within the theoretical frameworks of Hans Kelsen, Alec Stone Sweet, Ran Hirschl, and Mark Tushnet. The findings demonstrate that the Court’s normative intervention operates as a corrective mechanism to address legal uncertainty and to protect constitutional rights, while simultaneously generating structural tensions with the principles of separation of powers and democratic accountability. The article argues that the normalization of the Court’s role as a positive legislator risks incrementally altering the institutional balance without sufficient democratic legitimacy. The study’s main contribution lies in integrating national doctrinal analysis with global constitutional debates on the limits of judicial law-making in constitutional democracies, particularly in developing countries with unstable legislative dynamics.
Co-Authors Agung Mubarak Dirawati Nita Anggraini Rudy Iskandar Ichlas Winda Wahyuni