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Muhammad Rizki Anugerah
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LamLaj
Published by Universitas Lambung Mangkurat
ISSN : 25203136     EISSN : 25023128     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
The aims of this journal is to provide a venue for academicians, researchers and practitioners for publishing the original research articles or review articles. The scope of the articles published in this journal deal with a broad range of topics in the fields of Notary Law, Civil Law, Inheritance law, Tax Law, Guarentee Legal, Banking law, Constitutional Law, International Law, Administrative Law, Criminal Law, Human Right Law, Islamic Law, Environmental Law, Agrarian Law, Intellectual Property Rights, Law on Marriage and Family, Insurance law ,Cyber Law and another section related contemporary issues in law
Arjuna Subject : Ilmu Sosial - Hukum
Articles 2 Documents
 1 
Search results for , issue "Vol. 10 No. 1 (2025): March" : 2 Documents clear
Law Enforcement of Missused Building use Rights and the Social Function of Land Rights Sulistianingsih, Dina; Nia Kurniati , Nia Kurniati; Rubiati, Betty
Lambung Mangkurat Law Journal Vol. 10 No. 1 (2025): March
Publisher : Program magister Kenotariatan Fakultas Hukum Universitas Lambung Mangkurat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32801/abc.v10i1.235

Abstract

The existence of land is an important natural resource for the Republic of Indonesia, which is regulated in Law Number 5 of 1960 concerning Basic Agrarian Regulations, in Article 1 paragraph (1). Article 6 of the UUPA states, "All land rights have a social function. The land referred to here is not only related to land on land but also land in waters, as regulated in the UUPA. Land rights are not only limited to land but also include water areas or coastal borders. This is also in accordance with Government Regulation Number 18 of 2021, the function of legal norms to be binding must be based on legal principles. Legal principles shape the content of legal norms formulated in legal regulations. Without understanding legal principles, it is impossible to understand the essence of law. Therefore, to understand a nation's law, it is necessary to explore its legal principles. The issuance of land title certificates over maritime areas has given rise to conflicts of authority between various government institutions. The Ombudsman of the Republic of Indonesia highlighted the potential for malpractice in the issuance of Building Use Rights Certificates in maritime areas that should not be considered private property. Issuing land title certificates in maritime areas has the potential to violate the law and create conflicts of interest. WALHI is investigating indications of affiliation between companies that obtain Land Title Certificates and large property development corporations, which could lead to the privatization of marine space and threaten sustainability. ecosystems and the livelihoods of coastal communities. The objectives of this study include finding answers and developing previous research regarding the granting of building use rights where the issuance of certificates does not correspond to the nature and purpose of the granting of rights in relation to the principle of the social function of land rights; In this research, the researcher used a normative juridical data analysis method, Regarding the issuance of building use rights certificates in the waters of Tangerang and Bekasi related to illegal sea fences, this problem is suspected to reflect a lack of synchronization between land and maritime regulations. This is because land regulations in Article 65 paragraph (2) of Government Regulation No. 18/2021 allow the granting of land rights in waters for certain activities, such as the construction of ports or other facilities. However, regulations in the maritime sector do not explicitly regulate this. The Ministry of Maritime Affairs and Fisheries emphasized that the installation of sea fences is unlawful and disrupts the activities of thousands of fishermen. The issuance of land rights certificates above maritime areas has given rise to conflicts of authority between various government agencies. Cross-agency collaboration is needed to address this issue and ensure that administrative procedures are carried out in accordance with applicable laws and regulations
Zero Verdict against Perpetrators of Corruption in Decision Number 49/Pid.Sus.TPK/2021/PN.Jkt: An Analysis of Islamic Criminal Law Perspectives Muhammad Wahyu Hidayat; Noor Azizah
Lambung Mangkurat Law Journal Vol. 10 No. 1 (2025): March
Publisher : Program magister Kenotariatan Fakultas Hukum Universitas Lambung Mangkurat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32801/abc.v10i1.236

Abstract

This study examines the basis of legal considerations behind the imposition of a null verdict against Benny Tjokrosaputro in the case of corruption of PT. Jiwasraya Insurance and PT. Asabri, which resulted in state losses of Rp40 trillion. The main focus of this research is an analysis of Decision Number 49/Pid.Sus.TPK/2021/PN.Jkt from the perspective of Islamic criminal law (jinayah), especially related to the compatibility between the null verdict and the principle of justice in Islamic law. This study aims to reveal the extent to which the verdict reflects the incompatibility between Indonesia's positive legal system and the values of justice and deterrence emphasized in Islamic criminal law. The research method used is normative juridical with a literature study approach, case study, and legal comparison between Indonesian positive law and Islamic criminal law. The analysis was carried out qualitatively on relevant legal documents and literature. The results of the study show that the zero verdict in the verdict is based on the consideration of the accumulated criminal sentence that was previously handed down in other cases. However, from the perspective of Islamic criminal law, a zero verdict has the potential to ignore the principles of substantive justice, proportionality of punishment, and the public interest, given the widespread impact of corruption on society and the state. This study concludes that there is a missynchronization between the principles of punishment in positive law and Islamic criminal law in handling major corruption cases. Therefore, it is suggested that further studies are needed to build harmonization between the two legal systems in order to realize more substantial and effective justice in eradicating corruption.

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