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All Journal Jurnal Hukum Khaira Ummah Sultan Agung Notary Law Review
Umar Ma’ruf
UNISSULA
Religion Law, Crime, Criminology & Criminal Justice Social Sciences

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Deconstruction of the Right to Control the State: An Analysis of Article 33 Paragraph (3) of the 1945 Constitution and Its Implications for the Politics of Indonesian Agrarian Law Umar Ma’ruf; Adhe Ismail Ananda; Cyrilius WT. Lamataro; Mario A. Lawung
Sultan Agung Notary Law Review Vol 8, No 1 (2026): March 2026
Publisher : Program Studi Master of Notary Law (S2), Faculty of Law, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/sanlar.v8i1.52036

Abstract

The concept of the Right to Control the State (HMN) contained in Article 33 paragraph (3) of the 1945 Constitution emphasizes the role of the state in controlling the earth, water, and natural resources for the greatest prosperity of the people. However, the interpretation of HMN in constitutional practice often raises constitutional problems, especially when the state acts more as an absolute owner than as a manager who guarantees the distribution of justice. This article aims to critically analyze the concept of HMN through a constitutional deconstruction approach to uncover the shift in meaning between normative texts and the political practice of agrarian law. Using a normative-juridical research method, this paper explores the contradiction between constitutional idealism and the political reality of agrarian law after the 1960 UUPA, especially in land policy, natural resource management, and agrarian reform programs. The results of the analysis show that Indonesia's agrarian law politics tend to be dominated by state interests and capital, thus obscuring the constitutional mandate related to the prosperity of the people. Therefore, a conceptual reconstruction of HMN is needed so that it is not only understood as the legitimacy of state control, but also as a constitutional mechanism to ensure access, equity, and sustainability of agrarian justice.
Criminal Liability in the Crime of Theft with Benefit-Based Aggravation (Case Study of Criminal Case Decision No. 666/Pid.B/2024/ Pn Mks) Mevifah De Nanda Aurelia; Umar Ma’ruf
Jurnal Hukum Khaira Ummah Vol 20, No 4 (2025): December 2025
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v20i4.51026

Abstract

Abstract. The crime of aggravated theft, as stipulated in Article 363 of the Criminal Code (KUHP), constitutes a violation of human rights, particularly the right to property. This study aims to determine and analyze the criminal liability for aggravated theft based on expediency and the weaknesses of criminal liability for perpetrators of aggravated theft based on expediency, as outlined in Criminal Case Decision No. 666/Pid.B/2024/Pn Mks, as well as the formulation of the crime of aggravated theft based on expediency. This research method uses a socio-legal (juridical-sociological) approach. The research specification used is descriptive analysis. In this study, the types of data used are divided into two main categories: primary data and secondary data. Data collection methods in this study were conducted by combining normative and empirical approaches, namely through literature studies, field observations, and in-depth interviews. The problem is analyzed using the Theory of Criminal Responsibility, Theory of Legal Systems and Theory of Legal Utilities. The results of the study indicate that the criminal liability of the perpetrator of the crime of aggravated theft based on expediency in Decision Number 666/Pid.B/2024/PN Mks indicates that the judge assessed that all elements of the crime stipulated in Article 363 of the Criminal Code, both objective and subjective, were fulfilled, so that the defendant was legally and convincingly proven guilty. Weaknesses in the application of criminal liability based on expediency in this case include the lack of adequate consideration of the defendant's social, psychological, and economic aspects, as well as the lack of consideration of the defendant's social, psychological, and economic aspects. The formulation of the crime of aggravated theft based on expediency should integrate preventive, repressive, and restorative approaches in a balanced manner, so that the objectives of punishment can be achieved comprehensively.
Co-Authors Adhe Ismail Ananda Cyrilius WT. Lamataro Mario A. Lawung Mevifah De Nanda Aurelia