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Law Journals Development Center, Faculty of Law, Universitas Negeri Semarang K3 Building 1st Floor, Jl Kampus Timur, Sekaran, Gunungpati, Semarang, Indonesia, 50229
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INDONESIA
Indonesian Journal of Agrarian Law
Published by Universitas Negeri Semarang
ISSN : -     EISSN : 31106633     DOI : https://doi.org/10.15294/jal
Core Subject : Agriculture, Social,
Agriculture, Biological Sciences & Forestry Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences
The Indonesian Journal of Agrarian Law (ISSN 3110-6633), published by the Faculty of Law, Universitas Negeri Semarang, is a distinguished platform dedicated to the exploration, analysis, and discourse on key issues related to agrarian law in Indonesia and its global implications. This journal emphasizes the intersection of legal frameworks with agrarian practices, aiming to advance understanding and propose solutions for contemporary challenges in land governance, reform, and rural development.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 54 Documents
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Legal Informatics and Digital Land Governance in Indonesia and Uganda Paul Atagamen Aidonojie; Yusuf Abass Aleshinloye; Ogoma Sunday Ani; Obieshi Eregbuonye; Ismaila Hassan
Indonesian Journal of Agrarian Law Vol. 4 No. 1 (2027): March, 2027
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jal.v4i1.58510

Abstract

Legal informatics is becoming an indispensable instrument for enhancing digital land governance through increased transparency, efficiency, and legal certainty in land administration. Nonetheless, Uganda is still facing several challenges emanating from manual land records, fraud in transactions, lack of geospatial data integration, underdeveloped technological infrastructure, and coexistence of statutory and customary land tenure systems. This paper provides a comparative analysis of the legal and institutional frameworks of digital land governance in Indonesia and Uganda, with the aim of pinpointing Uganda’s gaps in regulation and learning from Indonesia’s successful reforms in this sphere. The research applies a doctrinal legal approach entailing the comparative analysis of legislation, government policies, judicial decisions, and academic literature. The results indicate that Indonesia’s electronic land registry, One Map Policy, digital signature system, and data protection regime considerably contribute to improving land governance, while Uganda’s digitalization process is hindered by implementation difficulties and poor institutional coordination. In conclusion, it is necessary for Uganda to improve its Land Information System through geospatial database integration, electronic authentication, data protection, and recognition of customary land rights.
Land Consolidation Implementation in Indonesia and Thailand: Empirical Dynamics and Financing Schemes Helsa Almahbubi
Indonesian Journal of Agrarian Law Vol. 4 No. 1 (2027): March, 2027
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jal.v4i1.59108

Abstract

Abstract Rapid Urbanization in shout East Asia, particularly in Indonesia and Thailand, has caused savere spatial fragmantation and a proliferation of urban slums, necessitating sustainable land reorganization Without forced evictions. The paper aims to anelyze the emperical dynamics of land development,compare foundational financing structures, and identify long-term succes factors for spatial adjustments.Ultilizing a qualitative comparative methodology through  socio-legal and economic-managerial lenses, the study examines land consolidation in Indonesia an Land Redjustments in Thailand. Results show that while Indonesia's framework addreses multi-dimensional social issues and disaster recovery,its implementation is hindered by bureaucratic silos,sectoral egos, and complete dependency on public budgets due to a lack of marketable reserve land. Conversely,Thailand's approach achieves financial self-sufficiency and regulatory clarity through its 2004 Act, commercializing reserve land and leveraging grassroots community savings.The main contribution of this research lies in its synthesis of diverse land typologies from urban slums to post-disaster  zones and its strategic structural comparison , filling an analytical gap in single-location and purely normativist literature. The study concludes that long-term structural success relies on financial autonomy and unfied institutional mechanisms rather than tokenistic participatory rhetoric. It is recommended that Indonesia implements a radical policy reorientation by establishing local intergrated Land Consolidation Desks to eliminate institutional fragmentation, adopting Land Value Capture modes alongside Bank Tanah mechanisms to lock land value, and shifting community engagement from mere administrative consent to substantive financial shareholding to avoid gentrification. Keywords: Land Consolidation, Land Redjustmen, Urban Slums, Financing Schemes, Comparative Spatial Management, Agrarian Jutice.  
Legal Analysis Regarding Legal Certainty and Legal Protection for Certified Buyers in Land Disputes Involving Obscuur Libel Claims Ramona Putri
Indonesian Journal of Agrarian Law Vol. 4 No. 1 (2027): March, 2027
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jal.v4i1.59400

Abstract

Land title certificates serve as strong evidence of ownership for certified buyers. However, legal certainty and legal protection for such buyers can be undermined when a lawsuit filed to defend their rights is deemed obscuur libel (vague) and left unexamined on its merits. This study analyzes legal certainty and legal protection for certified buyers based on Judgment No. 138/Pdt.G/2024/PN Semarang, a land ownership dispute case. It employs a normative legal method, drawing on primary sources such as Law No. 5 of 1960, Government Regulation No. 24 of 1997, and relevant court decisions, along with secondary sources including books and journals. The findings show the Plaintiffs fulfilled the formal and material requirements of certified buyers: a valid deed of sale, a registered certificate of ownership, and sixteen years of physical possession. Nevertheless, the Panel of Judges declared the lawsuit inadmissible (niet ontvankelijke verklaard) since the legal basisan unlawful actwas conflated with the request to validate the sale and certificate. Consequently, the court's review was confined to formal matters and did not reach the substantive issue of land ownership status. The study further compares this ruling with three other decisions sharing similar formal characteristics. It concludes that legal certainty for certified buyers remains suboptimal, as legal protection through litigation is often halted at the formal admissibility stage due to obscuur libel. The study further recommends that lawsuits be drafted clearly and systematically to prevent formal ambiguities that obstruct substantive judicial review.
Ownership of Undelivered Public and Social Facility Land and the Right to Compensation in Toll Road Development Ardan Sabillah; Ubaidillah Kamal
Indonesian Journal of Agrarian Law Vol. 4 No. 1 (2027): March, 2027
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jal.v4i1.62341

Abstract

This study examines a dispute over public and social facility land in the Bawen City Land housing estate, Semarang Regency, affected by land acquisition for the Bawen–Yogyakarta Toll Road. Parcels designated in the ratified site plan as a prayer hall, a parking area, and a well and water reservoir were registered as freehold title in the developer director's personal name, encumbered as security for debt, never handed over to the regional government, and ultimately became the basis for receiving compensation. Two problems are formulated: the legal status of those land rights in light of the handover obligation and the social function of land, and the reading of the entitled party norm that yields substantive justice. The study applies a normative juridical method with statutory, conceptual, and case approaches, drawing on legislation, Decision Number 8/Pdt.G/2024/PN Unr, and legal literature, reinforced by testimony from affected residents. The findings show that the developer's conduct satisfies the elements of circumvention of the law, because formally valid legal forms were deployed to evade a mandatory obligation, producing illusory certainty that is flawless on paper yet negates the social function of land. It argues that the right to receive compensation is not identical to the right to enjoy it unencumbered, because substitute money inherits the designation of the object it replaces, so the handover obligation converts into an obligation to provide equivalent replacement facilities. Its novelty is a four-stage function restoration model placing regional government as the principal actor.

Page 6 of 6 | Total Record : 54

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