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All Journal MADDIKA: Journal Of Islamic Family Law Datuk Sulaiman Law Review (DaLRev)
Rizka Amelia Armin
UIN Palopo
Religion Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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ELITE CAPTURE IN AGRARIAN REFORM: AN ANALYSIS OF NORMATIVE VULNERABILITY IN INDONESIA Nurul Adliyah; Rizka Amelia Armin; Mustaming Mustaming; Hamsah Hasan
Datuk Sulaiman Law Review (DaLRev) Vol 6 No 2 (2025): Datuk Sulaiman Law Review (DaLReV)
Publisher : Program Studi Hukum Tata Negara (Siyasah) IAIN Palopo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24256/dalrev.v6i2.9736

Abstract

Contestation over land rights involving communities, corporations, and the state indicates that the agrarian reform agenda in Indonesia has not been fully realized. Normatively, agrarian reform is positioned as a corrective measure to address land tenure inequality, while promoting social justice and enhancing the welfare of smallholder farmers. Through the existing schemes, state land and land released from forest areas are intended to be redistributed to priority beneficiaries, particularly small farmers, indigenous peoples, and other vulnerable groups. However, its implementation reveals a tendency toward elite capture, as evidenced by the inclusion of actors possessing superior political, economic, and social power as beneficiaries, which may potentially displace the intended priority groups. This study aims to analyze the normative vulnerabilities within Indonesia’s agrarian reform legal framework that enable such practices. It employs normative legal research using statutory and conceptual approaches. The findings demonstrate that agrarian reform implementation remains dominated by asset legalization oriented toward administrative outputs and has not fully promoted structural transformation in land tenure. The existing regulatory framework contains normative vulnerabilities, reflected in the open-textured formulation of beneficiary criteria, heavy reliance on administrative discretion during verification processes, and weak post-redistribution monitoring mechanisms. These vulnerabilities create a legal opportunity structure for the expansion of patronage and elite capture, which may reproduce land inequality. This article argues that elite capture should not be viewed merely as an implementation failure but as a consequence of a normative design insufficiently insulated from power asymmetries.
CRIMINAL LIABILITY OF IUP HOLDERS IN CASES OF ENVIRONMENTAL POLLUTION RESULTING FROM MINING ACTIVITIES Andi Alamsyah Perdana Putera; Rizka Amelia Armin
MADDIKA : Journal of Islamic Family Law Vol. 6 No. 1 (2025): Maddika: Journal Of Islamic Family Law
Publisher : UIN Palopo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24256/maddika.v6i1.7456

Abstract

Environmental pollution caused by mining activities is a complex issue that requires comprehensive handling through strict and effective criminal laws. Holders of a Mining Business License (IUP) have a legal obligation to comply with environmental protection and management regulations. While some studies examine criminal environmental liability in general, this study specifically analyzes the criminal liability of IUP holders. It focuses on factors that influence the effectiveness of law enforcement and formulates a criminal law enforcement model that can enhance environmental protection from the negative impacts of mining activities. Using a normative legal research method, this study analyzes the legal basis for the criminal liability of IUP holders in cases of environmental pollution caused by mining activities. It identifies factors that influence the effectiveness of criminal law enforcement against IUP holders and formulates a criminal law enforcement model to enhance environmental protection from the negative impacts of mining activities. The study analyzes primary legal materials, such as Law No. 32 of 2009 on Environmental Protection and Management, related regulations, and previous research findings. The results of the study indicate that the legal framework for the criminal liability of IUP holders is based on the principle of comprehensive liability, encompassing both corporate and individual liability, with the application of progressive criminal sanctions. The effectiveness of environmental criminal law enforcement is influenced by the complexity of interagency coordination, human resource capacity, the application of the ultimum remedium principle, and a monitoring system that requires improvement. This study contributes to developing more effective environmental criminal law enforcement policies by strengthening interagency coordination, improving human resource capacity, and using technology for monitoring.
Co-Authors Andi Alamsyah Perdana Putera Hamsah Hasan Mustaming Mustaming Nurul Adliyah