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David Aprizon Putra
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Umea' Jurnal IAIN Curup Jl. Dr. AK Gani No. 01 Curup, Curup Utara,Rejang Lebong Bengkulu, Indonesia
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NEGREI: Academic Journal of Law and Governance
Published by Institut Agama Islam Negeri Curup
ISSN : 16148429     EISSN : 16148423     DOI : http://dx.doi.org/10.29240/negrei.v1i2
Core Subject : Religion, Humanities, Social,
Religion Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences
Negrei : Academic Journal of Law and Governance established since 2021 based on SK Rector of IAIN Curup Number : 0108/In.34/R/KP.07.6/01/2021 of 20 June 2021. The journal aims to provide for legal and politic scholars and practitioners to accept and give constructive criticism to enhance their expertise in the form of legal and political research on law and political issues. Particularly on philoshophy and theory of law and governance. With a current issues is constitutional law, administration law, international law, private law, economic law, comparative law, cyber law, sociology of law, agrarian law, human rights law, govermental studies, international politic and local politic study. This journal is published by Institute Agama Islam Negeri ( IAIN Curup ) in two editions yers around with the first edition published on May and the second edition published on November.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 63 Documents
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Judicial Rechtsvinding in the Absence of Legal Norms: A Case Study on the Revocation of Child Adoption in Indonesia Rahmad, Abd.; Zulhendra, Joni
NEGREI: Academic Journal of Law and Governance Vol. 5 No. 2 (2025)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/negrei.v5i2.14642

Abstract

In Indonesia, the legal framework provides a regulatory basis for the adoption of children, but remains silent on the possibility and procedure for revoking such adoption. This article examines the role of judicial rechtsvinding (legal discovery) in resolving legal disputes in the absence of explicit statutory norms, with a focus on the revocation of child adoption in Indonesia. Drawing on a case study of Decision No. 410/Pdt.G/2020/PN.Bdg issued by the Bandung District Court, the study analyzes how the judge employed the method of argumentum a contrario to construct legal reasoning that justified the cancellation of a legally recognized adoption. The analysis reveals that the court integrated both juridical and sociological considerations, placing the child’s best interests at the center of its decision. This case illustrates how judicial discretion can function as a form of normative governance, especially in areas of law where legislative silence prevails. It also underscores the evolving role of the judiciary in shaping family law jurisprudence and filling legal gaps with ethically grounded reasoning. The findings contribute to the discourse on judicial activism, progressive legal interpretation, and child protection in civil law systems.
Settlement of Community Land Disputes Around The Dam Through Legal Approach and Local Wisdom Junus, Nirwan; Fazri Elfikri, Nurul; Z. Mamu, Karlin; B. Ndeo, Reynaldi
NEGREI: Academic Journal of Law and Governance Vol. 5 No. 2 (2025)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/negrei.v5i2.14805

Abstract

The construction of Bulango Ulu Dam in Gorontalo province is a national strategic project aimed at raw water supply, irrigation, and flood control. However, in the process of construction, land rights disputes arose between the government and local communities. This dispute is triggered by differences in perceptions about the value of compensation, as well as the limited information received by the community regarding the status and boundaries of land affected by development, so that a comprehensive study of the appropriate dispute resolution mechanism is needed. This study aims to examine the concept of land dispute resolution in general and analyze the process of land dispute resolution that occurs around the construction of the Bulango Ulu Dam. This study uses the method of Empirical Legal Research (socio-legal research), which is a method that combines normative study of legislation with factual data obtained in the field. Data collection was carried out through direct observation at affected dam construction sites, in-depth interviews with land owners or tenants, as well as agencies related to the land acquisition process, then analyzed in a descriptive qualitative manner. The results showed that the concept of land dispute resolution emphasizes a multidimensional approach that integrates legal certainty, community participation, and social justice principles. Settlement is carried out through comprehensive legal mechanisms, both non-litigation such as mediation and deliberation, as well as litigation through courts or arbitration, with the strategic role of the National Land Agency (BPN) in the prevention and handling of cases. In this Bulango Ulu Dam conflict, the settlement steps include inventory and identification of land by BPN to determine the legal status and basis for compensation, socialization to explain the rights, obligations, and procedures for land acquisition, as well as deliberation to reach a fair agreement and accepted by all parties. This deliberative approach reflects the values of local wisdom such as togetherness, consensus, and respect for the rights of indigenous peoples, so as to provide a more participatory solution, and accepted by the community.
Income Disparity between Legislative Institutions and the General Public in Relation to Social Welfare Aspects: A Comparative Study of Indonesia and Malaysia Ariani, Relys Sandi; Arini Zulfaida; Fidela Dzatadini Wahyudi
NEGREI: Academic Journal of Law and Governance Vol. 5 No. 2 (2025)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/negrei.v5i2.14831

Abstract

Pancasila, as the foundation of the Indonesian state, upholds social justice for the people with the aim of equality in all areas, especially public income. However, recent research has found that the income gap between the Indonesian Legislative Institution and the Indonesian public is significantly different from that in Malaysia. This can certainly affect the welfare of the people of those countries. Therefore, the author analyzes and examines in more depth the income gap between the Legislative Institution and the public in Indonesia and Malaysia related to public welfare. This study uses a normative legal research type with a statutory and comparative approach, data sources are primary legal materials and secondary legal materials from books, journals, and legal dictionaries. The income gap between the legislative institution and the public in Indonesia reaches 10x-14x, while in Malaysia it is 4x-5x. This gap creates social injustice and hinders public welfare. Therefore, the values ​​of social justice in Pancasila do not function well in practice. It is necessary to strengthen Pancasila from an early age in shaping the character of the Indonesian people.Civic Awareness and Social Justice.

Page 7 of 7 | Total Record : 63

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