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All Journal Abdi Masyarakat JIHAD : Jurnal Ilmu Hukum dan Administrasi Priviet Social Sciences Journal
Muhammad Rifaldi Setiawan
UNIVERSITAS MATARAM
Humanities Economics, Econometrics & Finance Education Energy Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Regulatory reform of land acquisition for public interest after the omnibus law on job creation Muhammad Rifaldi Setiawan; Ayang Afira Anugerahayu
Priviet Social Sciences Journal Vol. 5 No. 12 (2025): December 2025
Publisher : Privietlab

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55942/pssj.v5i12.1120

Abstract

Land acquisition for public interest constitutes a fundamental aspect of national development; however, it frequently generates conflicts owing to the tension between development objectives and the protection of community rights. Prior to the enactment of Law Number 11 of 2020 on Job Creation, the legal framework governing land acquisition was regulated by Law Number 2 of 2012, which, despite providing a comprehensive statutory basis, continued to face obstacles, including lengthy procedures, high costs, and dissatisfaction with the compensation determination process. The enactment of the Job Creation Law introduced significant changes through the simplification of procedures, expansion of the definition of public interest, strengthening of institutional mechanisms, digitization of processes, and introduction of the land bank concept. This new regulation aims to accelerate infrastructure development while safeguarding community rights through more flexible compensation mechanisms and effective dispute resolution processes. However, these reforms raise concerns about a potential reduction in protection for vulnerable groups due to procedural acceleration. This study employs a normative and conceptual approach, drawing on statutory analysis and legal doctrine to assess the implications of the new regulatory framework. The findings indicate that although the Job Creation Law enhances the efficiency of land acquisition, the success of its implementation ultimately depends on the quality of on-the-ground execution, strict oversight, and the active participation of affected communities in the decision-making process.
The position of religious marriage guardians (wali muhakkam) in Islamic law and Indonesian positive law: Analysis of decision number 935/pdt.p/2024/pa.gm Ayang Afira Anugerahayu; Muhammad Rifaldi Setiawan
Priviet Social Sciences Journal Vol. 6 No. 1 (2026): January 2026
Publisher : Privietlab

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55942/pssj.v6i1.1134

Abstract

The existence of a marriage guardian (wali nikah) constitutes an essential pillar of marriage that must be fulfilled for a prospective bride under Islamic law and Indonesian positive law. However, in practice, there are marriages conducted without a lineage guardian (wali nasab) or a judicial guardian (wali hakim), instead utilizing a guardian from among religious figures or Islamic scholars (ustadz), commonly referred to as wali muhakkam. This practice is not regulated by the Compilation of Islamic Law (Kompilasi Hukum Islam), resulting in legal uncertainty. This article analyzes the legal standing of religious figure guardians and their sharīʿah and juridical foundations through a case study of the Decision of the Giri Menang Religious Court Number 935/Pdt. P/2024/PA.GM, which validated a marriage officiated by an ustadz acting as wali muhakkam. This study employs a normative legal research method using statutory, conceptual, and case approaches. The findings indicate that, from a fiqh perspective, the appointment of a wali muhakkam may be justified under emergency conditions, whereas under positive law, its existence only attains legal legitimacy through the mechanism of marriage legalization (nikah isbat). The analyzed decision demonstrates a degree of legal adaptability in accommodating social realities based on the principle of maslahah. Therefore, reconstructing the regulation concerning marriage guardians in national law is necessary to ensure that the practice of wali muhakkam no longer remains within a legal gray area.
Procedures For Buying and Selling and Registration of Land Absentee as an Object of Land Ownership Muhammad Rifaldi Setiawan; Putri Raodah
JIHAD : Jurnal Ilmu Hukum dan Administrasi Vol. 8 No. 2 (2026): JIHAD : Jurnal Ilmu Hukum dan Administrasi
Publisher : Lembaga Penelitian dan Pendidikan (LPP) Mandala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58258/jihad.v8i2.10557

Abstract

This study aims to analyze the procedures for the sale and purchase as well as the registration of absentee land as an object of ownership rights within the framework of Indonesian agrarian law. The issues addressed include the fulfillment of material and formal requirements in land transactions, the role of the Land Deed Official (PPAT), and the mechanism for registering the transfer of land rights. This research employs a normative legal method using both statutory and conceptual approaches. The statutory approach examines relevant regulations, while the conceptual approach explores legal doctrines related to land law, particularly concerning absentee land ownership. The results indicate that the implementation of absentee land transactions must comply with both material and formal requirements. The material requirements concern the legality of the parties and the object of the transaction, where the seller must be the lawful holder of land rights, and the buyer must qualify as a subject of ownership rights without violating the prohibition of absentee land ownership. Meanwhile, the formal requirement is fulfilled through the execution of a Sale and Purchase Deed (AJB) before the Land Deed Official (PPAT), which serves as the legal basis for the registration of the transfer of rights at the Land Office. Land registration plays a crucial role in ensuring legal certainty, legal protection, and orderly land administration. However, in practice, several obstacles remain, including limited public understanding of legal provisions and administrative constraints. Therefore, enhancing legal awareness and strengthening the role of PPAT and land administration institutions are necessary to achieve legal certainty in land transactions.
Validity of the Cultivation Agreement Regarding Land Tenure Absentee Caused by Regional Expansion Muhammad Rifaldi Setiawan; Hera Alvina Satriawan
JIHAD : Jurnal Ilmu Hukum dan Administrasi Vol. 8 No. 2 (2026): JIHAD : Jurnal Ilmu Hukum dan Administrasi
Publisher : Lembaga Penelitian dan Pendidikan (LPP) Mandala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58258/jihad.v8i2.10560

Abstract

This study aims to analyze the legal validity of the Cultivation Agreement issued by the North Lombok Land Office as a form of legal protection for absentee land tenure arising from regional expansion. This research employs a normative legal method using statutory, conceptual, and case approaches, supported by empirical data obtained through interviews. The results indicate that the issuance of the Cultivation Agreement is carried out through administrative mechanisms, including complaint submission, verification, and discretionary decisions by the Head of the Land Office, taking into account social, economic, transportation, geographical factors, as well as regional spatial planning. However, from a juridical perspective, the Cultivation Agreement lacks a strong legal basis and contradicts the prohibition of absentee land ownership as regulated under the Basic Agrarian Law (UUPA) and Government Regulation Number 224 of 1961 in conjunction with Government Regulation Number 41 of 1964. Furthermore, its issuance exceeds administrative authority, as it constitutes discretion within a bound authority framework. Therefore, the Cultivation Agreement cannot be considered a valid form of legal protection.
Effectiveness of Forestry Law Enforcement Against Forest Destruction in Central Lombok: Efektivitas Penegakan Hukum Kehutanan terhadap Perusakan Hutan di Lombok Tengah Hera Alvina S; Muhammad Rifaldi Setiawan
JIHAD : Jurnal Ilmu Hukum dan Administrasi Vol. 8 No. 2 (2026): JIHAD : Jurnal Ilmu Hukum dan Administrasi
Publisher : Lembaga Penelitian dan Pendidikan (LPP) Mandala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58258/jb0bam19

Abstract

Forests play an important role in maintaining ecological balance, supporting community livelihoods, and protecting biodiversity. However, forest destruction in Central Lombok remains a serious problem due to illegal logging, forest encroachment, land conversion, and limited law enforcement capacity. This study aims to analyze the effectiveness of forestry law enforcement against forest destruction in Central Lombok. The discussion is based on statutory regulations, literature review, and interview findings related to forestry law enforcement practices. The results show that forestry law enforcement in Central Lombok has not been fully effective. Although Indonesia already has legal instruments such as Law Number 41 of 1999 concerning Forestry and Law Number 18 of 2013 concerning the Prevention and Eradication of Forest Destruction, implementation in the field still faces various obstacles. These obstacles include limited personnel, inadequate monitoring facilities, weak inter-agency coordination, low legal awareness, and high community dependence on forest resources. In addition, sanctions have not always created a strong deterrent effect. Therefore, strengthening institutional coordination, improving supervision, increasing community legal awareness, and providing sustainable economic alternatives are needed to protect forest areas more effectively. 
Digital Literacy Education and Cyber ​​Crime Mitigation Related to Online Gambling for Teenagers in Tanak Awu Village, Pujut District, Central Lombok Regency Ahwan Ahwan; R. Fahmi Natigor Daulay; Lalu Panca Tresna D; Muhammad Rifaldi Setiawan; Fatahullah Fatahullah
Abdi Masyarakat Vol. 8 No. 1 (2026): Abdi Masyarakat
Publisher : Lembaga Penelitian dan Pendidikan (LPP) Mandala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58258/j6dpef18

Abstract

The acceleration of information technology brings ambivalent impacts on rural youth, one of which is the high risk of exposure to negative content such as online gambling. youth groups in Tanak Awu Village, Central Lombok Regency, located in the buffer zone of Lombok International Airport, are vulnerable to digital culture shock and the criminogenic impacts of online gambling. This community service activity aims to strengthen youth's digital literacy through a preventive-educative approach based on cyber law. The methods applied were socialization and interactive lectures on the four pillars of digital literacy (digital skills, digital culture, digital ethics, and digital safety), followed by a regulatory review (the ITE Law and Law No. 1/2023 on the New Criminal Code), and evaluated through casual interviews. The result indicates a paradigm shift among the youths, from previously perceiving slot gambling as a lawless "grey area" to gaining a rational legal awareness regarding cyber-criminal sanctions. Furthermore, this activity successfully crystallized collective commitments, including the establishment of a defensive legal shield, a peer support system, and shifting focus toward productive digital activities.  
Co-Authors Ahwan Ahwan Ayang Afira Anugerahayu Fatahullah Hera Alvina S HERA ALVINA SATRIAWAN Lalu Panca Tresna D Putri Raodah R. Fahmi Natigor Daulay