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Communale Journal
Published by Universitas Jambi
ISSN : 29874297     EISSN : 29872103     DOI : -
Core Subject : Humanities, Social,
Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences
Communale Journal is an interdisciplinary scientific journal managed by the Center for Science and Technology (Pusat Unggulan Ipteks)-PUI Universitas Jambi and published three times a year, in March, July, and November. This journal publishes scientific papers and research results focusing on using natural resources from the perspectives of Law, Economics, Politics, Defense and Security, Education, Agriculture, Forestry, and disaster in Indonesia and Global Contexts. Comunnale Journal welcomes academics, scholars, researchers, students, and practitioners to contribute scientific work and the results of their research published in the Communale Journal.
Arjuna Subject : Umum - Umum
Articles 37 Documents
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ARRANGEMENT OF ABANDONED LAND IN INDONESIA widyatmojo, s. jati
Communale Journal Vol 1 No 1 (2023): March
Publisher : Pusat Unggulan Ipteks-PUI Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/communale.v1i1.22060

Abstract

And in a country cannot be owned, controlled, and used freely by humans but is bound by the provisions stipulated by the government or the State as the ruler of general rights regulated by the State in the agrarian law. The granting of rights by the State in the form of certificates of land rights must be balanced with strict provisions on the obligations of the holder of land rights. Rights and obligations appear together. Rights and obligations arise at the same time. Although their nature is different and opposite, their existence cannot be separated. The State has experienced many difficulties in controlling the neglect of land rights, especially those with ownership certificates. There is much speculation by individuals or legal entities that make Land an object of investment, especially land with property rights, because it has a more substantial and fuller legal force than other land rights recognized by the State. It was not utilizing the Land optimally because it is used as an investment object, so it is neglected. Abandoned Land is a violation of the law, so the form of controlling abandoned Land is the principle of legal certainty. Law enforcement on abandoned Land is the personification of the State for law violators who are detrimental to the nation, State, and people of Indonesia. Private rights granted by the State are more substantial and fuller in terms of property rights granted by the State because of their nature regulated by law. The ambiguity of the norms governing the criteria for abandoned land results in the difficulty of the State being able to prove a land as abandoned Land. The State is still focused on controlling other primary land rights. This can be seen from the different criteria for controlling land ownership rights with other primary land rights when viewed from the arrangement. It is necessary to regulate abandoned Land, which is more emphasized in land laws and regulations under the principles of good legislation so that it can be implemented as a form of law enforcement by the State. Whereas the purpose of the stipulation of abandoned Land is that Land that is not cultivated according to the granting of its rights can be used as an asset of the Land Bank and Land Reserves for the State to ensure an even distribution of optimization of land use, thereby creating prosperity for all Indonesian people.
BUILDING USE RIGHTS OVER LAND MANAGEMENT RIGHTS IN SHOPPING CENTERS Sidiq, Azhar
Communale Journal Vol 1 No 1 (2023): March
Publisher : Pusat Unggulan Ipteks-PUI Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/communale.v1i1.22106

Abstract

This article discusses arranging building use rights (HGB) over management rights (HPL). Management rights are rights to control land that the state directly controls. Which authorizes the right holders to plan the designation and use of the land in question, use the land to carry out their duties, hand over parts of the land to third parties with use rights for 6 (six) years, and receive annual income and or obligatory money. This research uses an empirical juridical method with the Wiltop Trade Center (WTC) Mall case approach that occurred in the Jambi Province area. In the discussion, it was found that the WTC management adhered to Article 2 of the Minister of Agrarian Regulation No. 9 of 1965 concerning the Implementation of the Conversion of Tenure Rights over State Land and Provisions Concerning Policy Further.  It stipulates the conversion of tenure rights over State land into Management Rights, namely "If State land is given to Departments, Directorates, and Autonomous Regions, other than used for the agencies' interests.  Also intended to be granted with a right to a third party, the right to control the State land is converted into a Management Right. Therefore, the WTC is a third party that uses Management Rights as the basis for Building Use Rights in conducting its business. Building Use Rights are used to construct buildings, including in the form of residential or residential houses, shop houses (shops), office houses (office houses), shops, hotels, offices, and industries (factories).
BEVERAGE STORE BUSINESS LICENSE REGULATION Tantri, Novia Ayu
Communale Journal Vol 1 No 1 (2023): March
Publisher : Pusat Unggulan Ipteks-PUI Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/communale.v1i1.22406

Abstract

This study was conducted to understand the arrangement and licensing mechanism for taverns from a legal perspective. Licensing regulations before the Job Creation Law, especially the licensing process in the regions, could have been more friendly to the business sector. The presence of the Job Creation Law, which changed several articles of the Licensing Law, greatly affected the ease of business licensing. This study uses normative juridical research methods with statutory, conceptual, and historical approaches. The results of this study indicate that the tavern business, which is one of the business sectors in the beverage procurement sector, is a low-risk business, so business licensing is only limited to Business Identification numbers (NIB). Furthermore, regulations related to the requirements for business permits for Beverage Shops with the enactment of PP Number 5 of 2021 revoke the previous regulations regarding the implementation of business licensing services, namely PP No. 24 of 2018regarding Electronically Integrated Business Licensing Services. In this research, it is hoped that the Central Government will establish regulations that specifically function as filtering the tourism sector business, especially the tavern business sector so that the classification of business sectors by sector is in line with the Indonesian Business Field Standard Classification, which is compiled for statistical purposes and establishes business activity standards that apply to businesses with a low level of risk so that they can become rules that can be used as the basis for supervision of the implementation of business licensing.
THE ROLE OF THE DISTRICT GOVERNMENT INTEGRATED TEAM IN RESOLVING LAND CONFLICTS BETWEEN CORPORATIONS VS SUKU ANAK DALAM Hijriah, Nurul Khoirotul
Communale Journal Vol 1 No 1 (2023): March
Publisher : Pusat Unggulan Ipteks-PUI Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/communale.v1i1.23641

Abstract

This study aimed to determine the role and mechanism of the integrated Team in Batang Hari Regency in resolving land conflicts between PT.Berkat Sawit Utama  with the 113 Anak Dalam Tribe in Bungku Village, Batang Hari Regency. The role of the Batang Hari Regency Integrated Team is regulated in the Batang Hari Regency Regional Regulation Number 72 of 2022 concerning the establishment of an Integrated Team for Social Conflict Resolution at the Batang Hari Regency Level in 2022, which is regulated in Permendagri No. 42 of 2015 concerning Implementation of Coordination of Handling Social Conflicts. This research method is empirical juridical because it uses secondary data as supporting data and primary data collected through literature and field research. Based on the results of the study, it can be concluded that the Batang Hari District Integrated Team in resolving land conflicts between PT.Berkat Sawit Utama with the SAD 113 group, namely by facilitating, mediating, and maximizing the dispute resolution process through the establishment of the Batang Hari Regent's Decree Number 72 of 2022 concerning the establishment of an Integrated Team for handling social conflict at the Batang Hari Regency level in 2022. This integrated Team carried out the settlement, considered ineffective for both parties, where the conflict that should have been resolved became hampered and prevented both parties from obtaining legal certainty regarding this land dispute. Therefore, it is necessary for a party that has higher authority than the district government, which has limitations because of the regional autonomy system, to participate in settling land dispute cases
ARRANGEMENT OF FLATS OWNERSHIP RIGHTS BY FOREIGN NATIONALS AFTER THE OMNIBUS LAW Adhayaksa Putra, Prasetyo
Communale Journal Vol 1 No 1 (2023): March
Publisher : Pusat Unggulan Ipteks-PUI Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/communale.v1i1.23661

Abstract

This research aims to know How the above Property Rights arrangement apartment units in agrarian Tree Law and Apartment Law. Besides, this article analyzes the legality of foreign nationals in unit ownership apartment buildings from the perspective of omnibus law, fundamental agricultural law, and law about apartment buildings. The research method used in researchers this tian is a normative juridical method. In implementation research, the problem will be assessed based on the applicable norms or laws. The research found that legal certainty regarding man the registration of land for the construction of flats cannot be guaranteed by the omnibus law and other technical regulations, such as government regulation number 18 of 2021 concerning Management rights, land rights, apartment units, and land registration. The cause of not guaranteed ownership of land rights by foreign nationals is that the rules that applied previously have remained the same.
BATANG ARAU RIVER REVITALIZATION POLICY IN PADANG CITY zuniva, Atifa Awdia Ramadani
Communale Journal Vol 1 No 1 (2023): March
Publisher : Pusat Unggulan Ipteks-PUI Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/communale.v1i1.24061

Abstract

Rapid population growth is different from the availability of clean water. In addition, water availability is also influenced by natural factors due to the dry season. Water purification problems often occur in urban and rural areas due to a lack of services to distribute water purification installations. Almost all islands in Java and Sumatra are experiencing a water crisis, such as the Batang Arau river in the city of Padang. The issues raised are related to how the local government's policy revitalizes the Batang Arau River, which is contaminated by garbage, household, and industrial waste. Revitalization efforts from the government and related agencies still need to improve in the form of budgets and a need for more public and business awareness about river cleanliness. It is necessary to establish an institution that has legality and deals explicitly with watershed pollution as well as possible—changing the lifestyle of people related to the river by providing counseling and knowledge to manage waste and not throw it into the river and to care more about the surrounding environment. With its own interests, the government needs to pay more attention to the environmental impacts of these interests, especially those related to river conservation.
PROSPECT OF MINERAL AND COAL MINING POLICY Pertiwi, Rahni Andeka; Manik, Berliandy Haposan; Praditha, Azzahra Ayu; Safitri, Nur
Communale Journal Vol 1 No 2 (2023): July
Publisher : Pusat Unggulan Ipteks-PUI Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/communale.v1i2.25879

Abstract

Mineral and coal mining policy is a subject that continues to receive attention in the legal and regulatory environment. This journal analyzes prospective mineral and coal mining policies through a normative juridical approach focusing on relevant regulatory aspects and legal implications. This study uses a normative juridical analysis method to evaluate policies that apply in the context of mineral and coal mining. This research gains an in-depth understanding of the existing regulatory structure by reviewing applicable laws and regulations, court decisions, and decisions of regulatory agencies. The results of this study indicate that mineral and coal mining policies have a solid legal basis and regulate various aspects, such as licensing, environment, labor protection, and corporate social obligations. However, there are challenges related to law enforcement, harmonization of regulations, and consistent implementation of policies. In response to these challenges, this study proposes several recommendations to increase the effectiveness of mineral and coal mining policies legally. These recommendations include expanding cooperation between relevant government agencies, improving regulations and procedures, increasing legal capacity, and strengthening oversight and stricter law enforcement. This research is expected to contribute to policymakers, legal practitioners, and related parties in developing more responsive, comprehensive, and effective regulations in maintaining the sustainability of the mineral and coal mining sector by taking into account related legal aspects.
FOREST PROTECTION EFFORTS AGAINST CONVERTING FOREST FUNCTIONS TO PALM OIL PLANTATIONS Susanto, Ikbal; Fitriani, Dita; Astika, Hikmah Ayu; Fatimah, Mutiara
Communale Journal Vol 1 No 2 (2023): July
Publisher : Pusat Unggulan Ipteks-PUI Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/communale.v1i2.25902

Abstract

The conversion of forest functions to oil palm plantations has often been carried out in Indonesia. Many factors motivate communities, individuals, and companies to do this. One of them is the economic factor. Investment in oil palm plantations is considered a promising investment and generates many profits. However, individuals or companies often need to pay more attention to ecological aspects and the impacts of the forest function's conversion. The consequences resulting from the transformation of forest functions will affect the environment in the short and long term. Forests that have many benefits and uses not only for humans but also for the habitat of animals and plants in them must be protected and preserved. The increasingly widespread conversion of forest functions results from fulfilling human desires and harming other living things, so the government is obliged to make an effort through prevention and mitigation so that the existence of forests and their sustainability are maintained and can continue to bring many benefits to living things.
UTILIZATION OF COASTAL AREAS AND SMALL ISLANDS Ansory, Ahmad; Hasibuan, Melkisedek; Yudistira, Yudistira; Manalu, Omena
Communale Journal Vol 1 No 2 (2023): July
Publisher : Pusat Unggulan Ipteks-PUI Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/communale.v1i2.26009

Abstract

Indonesia, as an archipelagic country with tens of thousands of islands and thousands of peer areas, should be our country can take advantage of the great gift of this condition. Our constitution shows that we must use natural resources for the most excellent welfare of society. However, at this time, it is inversely proportional to what we expect; regulation after regulation, we strive in the Management of these natural conditions, which, until now, the state of our country is just like that. So, the purpose of this writing is to discuss the view of the law as a legal norm in the Implementation of the management of coastal areas and small islands and what opportunities can be utilized by communities around coastal areas and small islands in their economic development and the sustainability of nature itself. The methodology we use is a normative juridical method; we want to discuss from a legal point of view how the rules apply and from some reliable literature that discusses the management and utilization of coastal areas and small islands.
GENDER INEQUALITY IN WOMEN'S ACCESS TO ENVIRONMENTAL RESOURCES Ariyani, Linda; Wardina, Miza; Herawati, Leni; Aggraini, Dinda Putri; Mukti, Ichrar Syahbani
Communale Journal Vol 1 No 2 (2023): July
Publisher : Pusat Unggulan Ipteks-PUI Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/communale.v1i2.26011

Abstract

Gender inequality is an issue that has long been debated in various fields, including women's access to environmental resources. This research was conducted by conducting a literature review of articles, journals, and other relevant publications. The literature review method was used to collect and analyze information from previous researchers on Gender Inequality in Women's Access and Environmental Resources. Based on some of these research references, it can be concluded that gender inequality in women's access to environmental resources is a real issue in various contexts. Measures to improve gender equality in access to environmental resources include strengthening the role of women in decision-making, social change, and inclusive policies and a gender-based approach in environmental program planning and implementation. Collective efforts from the government, civil society, and the private sector are needed to overcome gender inequality and achieve sustainable development that is just and sustainable.

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