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RechtJiva
Published by Universitas Brawijaya
ISSN : -     EISSN : 30473721     DOI : https://doi.org/10.21776/rechtjiva
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice
RechtJiva is published by the Faculty of Law, Universitas Brawijaya periodically 3 times a year, namely in March, July and November. This journal is a journal with the theme of Legal Science, with benefits and objectives for the development of Legal Science, by prioritizing originality, specificity and recency of articles in each issue. The purpose of the publication of this Journal is to provide space to publish original research thoughts, academics, namely students and lecturers who have never been published in other media. The focus and scope of writing in this Journal focuses on publishing legal scientific articles on the following topics: Civil Law Constitutional Law Administrative Law Criminal Law International Law Islamic Law Customary Law Business Law Agrarian and Natural Resources Law Law and Society Human Rights Law Contemporary Law
Arjuna Subject : Ilmu Sosial - Analisis
Articles 62 Documents
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Land and Military: Legal Aspects of Land Ownership and Utilization for National Defense
RechtJiva Vol. 2 No. 3 (November 2025)
Publisher : RechtJiva

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/rechtjiva.v2n3.4

Abstract

This study examines the legal relationship between land ownership, utilization, and national defense in Indonesia, emphasizing how military institutions manage and control land for defense purposes. The research highlights the intersection between agrarian law and defense law, identifying conflicts between state authority, public interest, and community rights. Using a normative juridical and conceptual approach, the study analyzes statutory provisions under Law No. 3 of 2002 on State Defense, Law No. 34 of 2004 on the Indonesian National Armed Forces (TNI), and Law No. 5 of 1960 on Basic Agrarian Principles (UUPA). The findings reveal that while the state holds ultimate control over defense lands (tanah pertahanan), overlapping administrative jurisdictions and the absence of integrated spatial regulations often lead to disputes between military institutions and civilians. Strengthening legal certainty requires harmonization among the Ministry of Defense, National Land Agency (BPN), and local governments to ensure that land management for defense respects both national security and community welfare.
Kepastian Hukum Dalam Penyelesaian Sengketa Pelanggaran Perjanjian Lisan Yang Berpotensi Terjadi Pelanggaran Hukum
RechtJiva Vol. 2 No. 3 (November 2025)
Publisher : RechtJiva

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/rechtjiva.v2n3.2

Abstract

This study discusses legal certainty in the settlement of disputes arising from breaches of verbal agreements that have the potential to cause legal violations from the perspective of Indonesian civil law. Verbal agreements are still commonly found in society, especially in social relationships and economic activities based on the principle of trust. However, agreements that are not set out in writing often give rise to legal problems when there is a breach or default that is detrimental to one of the parties. The purpose of this study is to analyze the legal position of verbal agreements, examine the legal consequences if the agreement is violated, and identify forms of legal protection for parties acting in good faith. This study uses a normative juridical method with a legislative approach and case analysis, as well as examining secondary data in the form of legal literature, court decisions, and provisions of the Civil Code (KUHPerdata). The results of the study show that although verbal agreements meet the requirements for a valid agreement as stipulated in Article 1320 of the Civil Code, violations often cause legal uncertainty due to weak evidence and the difficulty of proving the intentions of the parties. Therefore, it is necessary to strengthen public awareness of the importance of written agreements and to update the mechanism of evidence to ensure legal protection and achieve justice in the settlement of verbal agreement disputes.

Page 7 of 7 | Total Record : 62

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