
Imam KoeswahyonoUniversity of Brawijaya · Faculty of Law
Imam Koeswahyono
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Publications
Publications (48)
Constitution is the highest basic norm that regulates various aspects of a country's life, including the relationship between state institutions, government, and citizens. In Indonesia, the constitution is known as the 1945 Constitution, which before the amendment only limitedly regulated rights to land and natural resources through Article 33 Para...
Conflict resolution in the context of industrial relations within the framework of labor law after the enactment of Law Number 2 of 2004 concerning Industrial Relations Dispute Settlement has been known through two mechanisms, namely voluntary settlement through bipartite mechanisms, conciliation, mediation, and arbitration, as well as compulsory s...
To ensure environmental sustainability and mitigate the risk of natural disasters such as flooding, the Malang City government has imposed a ban on residential development along the banks of the Brantas River through Malang City Regional Regulation No. 6 Year 2022. This study examines the measures adopted by the Malang City government to regulate t...
On October 5, 2020, President Joko Widodo (Jokowi) passed Law no. 11/2020 on Job Creation (Job Creation Law/JCL) designed to improve Indonesia’s private investment climate. The law changed various legal landscapes that were identified as obstacles to accelerated development and economic growth. However, the Law has sparked widespread protests becau...
The position of Indigenous communities remains uncertain due to the biased recognition they receive. In other words, the recognition provided by the central or regional government is unsatisfactory as it is influenced by political and economic interests, as seen in the case of the Cek Bocek Reen Sury Indigenous Community, which has yet to obtain le...
Spatial planning corporate criminal sanctions are criminal sanctions imposed on corporations as stipulated in Article 74 of Law Number 26 of 2007. The criminal sanction can be applied in controlling the planning of the territory so that there is order and the space is protected from violations of the use of the space. However, when looking at the d...
The aim of the research is to learn more about the concept of beneficial ownership (BO) as an approach for criminal liability in lieu of spatial planning crimes for corporations that lack assets or corporations that can only pay a portion of the crime. Several regions of the Unitary Republic of Indonesia have experienced widespread violations of sp...
Inclusive education has many different meanings and interpretations. There is still some uncertainty about the difference between inclusive and special education for individuals with disabilities, sometimes known as special schools (SLB). Meanwhile, the term inclusive education is not known in the National Education System Law, which uses the term...
This study aimed to analyze the obstacles to the settlement of inheritance disputes in the Kajang indigenous people and the efforts to settle inheritance disputes in a just manner in the Kajang indigenous peoples. The type of research used in this study was empirical juridical with an anthropological approach—sources of data obtained from primary a...
Tax Dispute Settlement in the Tax Court has not provided a sense of justice and legal certainty and is only through litigation that is win-lose (win-lose). Settlement of tax disputes through litigation is less useful because the process is long and lengthy, besides that tax disputes continue to increase. The existing tax dispute resolution methods...
Covid-19 is seen as a black swan event widely affecting almost all sectors and sending a wave of uncertainty for micro, small, and medium enterprises (henceforth MSMEs) in Indonesia. Despite being the most affected, these sectors could stand under this pressure, remain, and regrow faster following this hit. The government, referring to Law of the R...
The purpose of this research is to find out the causes and solutions in overcoming the lack of consumer legal protection in saling and purchasing flats in the pre project selling system. This is a normative legal research with a statutory approach and a conceptual approach, Case Approach, Comparative Approach. Analysis of legal materials is carried...
Resistance to neoliberal legal reforms around the world has increased in recent decades due to the failure of water privatization to ensure affordable and sustainable water access in global South. Referring to the 2004 and 2019 Water Resources Laws, this paper presents Indonesia's experience to explore how the law reproduces and normalizes neoliber...
The realization of justice in the land sector is a constitutional mandate as stated in article 33 of the 1945 Constitution of Indonesia. However, until now there have been many violations and agrarian conflicts that have occurred which is said to be extraordinary because in them there are structural conflicts and are related to the economic capabil...
To analyze and study the juridical implications of separate execution on the object/s of mortgage are the objectives to be achieved in this research and also to find out what are the obstacles faced by the Bank PT. Central Bank Asia Tbk. Kediri Branch in implementing para te execution with the object of the mortgage. The method used in this researc...
Flats are multi-storey buildings that will be inhabited by many people, so it is necessary to guarantee the security, safety, and enjoyment of the residents. Sales of flats (apartments) with a pre-project selling system, it is certain that the flats (apartments) have not been built so that PPJB in pre-project selling is considered a savior for deve...
Conditional recognition of customary law communities and their traditional rights in Article 18B paragraph (2) of the 1945 Constitution of the Republic of Indonesia weakens the position of indigenous peoples in the fulfillment and protection of spatial planning rights as the operationalization of beschikkingrecht from the values of justice and welf...
The inconsistency of the state’s commitment to the protection of the archipelago’s indigenous people in the management of coastal areas and small islands has become more apparent since the passage of Law Number 11 of 2020 concerning Job Creation. This research is normative legal research that analyzes the synchronization of legislation relating to...
This article has the intent and purpose to find out the implementation of PRONA systematic land registration for the deed of transfer of land rights that are tax payable, specifically related to Income Tax (PPh) and Land Acquisition Fees (BPHTB) which are the obligations of the parties and are registered through systematic land registration was car...
Sustainable development and environment is development that meets the needs of the present generation without diminishing the opportunities for future generations to get a chance of life, with the goal of achieving ecological sustainability, economic, social, cultural, political, and defense and security. In fact, in an effort to meet people's need...
Arrangements for water resources or irrigation governance designs from the colonial era to the reform order always cause controversies and problems. In physiological issues, there is not known change in the meaning of water as a public good being a private good. Theoretical problems, the basis for the design of the theory of management of chaotic w...
This study aimed to analyze the application of the registration of communal land rights of indigenous and tribal peoples in the Pakraman Bungbungan Traditional Village, Jembrana Regency, as well as to explore issues that hampered registration of communal land rights and efforts made by the government to overcome these obstacles. The study method us...
illustrate and legal analyse how the anthropology of law method will be used as a model of teaching method in the undergraduate studies could be possible used without rejecting another method
The legal culture procedure with socio-legal analysis will be able to answer the fundamental questions in the problems of practices of land procurement for public interests, in particular the issue of compensation. The crucial issue of compensation within the implementation of the policy of land procurement regards the non-equivalence of land value...
This article analyzes the Indonesian government agrarian reform program to realize equitable and development based on social justice for all the people of Indonesia, viz. the social forestry program. Legally the implementation of the social forestry program must bring maximum benefits to the community around the forest. This article uses the sociol...
Regarding the transfer of agricultural land to housing, the reduction in the area of agricultural land in Blitar City is due to land conversion functions such as the construction of housing and other public facilities that are not in accordance with article 3 paragraph (1) letter g PERDA of the Blitar City Spatial Plan. In fact, regulations with re...
ilustrate and legal analitic correlation between law and social change
This paper aims to describe the authority of the Financial Services Authority (OJK) in conducting supervision and regulation of the financial services sector, and the juridical implications of Government Regulation Number 11 of 2014 concerning OJK Levy for capital market notaries registered with Registered Letters (STTD) who are not active in the c...
This article aims to determine legal consequences and remedies not filling the provisions of article 74 paragraph 1 of law number 20 year 2011 jo article 54 paragraph 1 of government regulation number 4 of 1988 concerning the association of the occupants unit of flats, using normative legal research methods, through approach to legislation, concept...
Legal consequences of conflict of norm, the norms in Article 8 of the Government Regulation No. 10 of 1983 jo. the Government Regulation No. 45 of 1990 with Islamic Law, cause the different treatment before the law/ discrimination which causes injustice between ex-husband who works as civil servant and those who works not as civil servant. The obje...
p> The Sale and Purchase of the mortgage lending object is intended to pay off the loan from the debtor . Based on the background, then as for the formulation of the problem of writing is a. How does the validity of the sale and purchase of the object of guarantee of mortgage rights by the bank conducted without through the auction mechanism? b . W...
p>Village head act as mediator in solving villager’s dispute. However, on the other hand, village head act as implementer of village governance. Therefore, questions arise concerning why village head should become the mediator in solving villagers’ dispute, concerning mediator should be neutral side in reconciliate all related parties. Method used...
p>The period before various legal traditions encounter to Indonesia, the people living in these islands has owned rules that contain the value of values as the original law. The term of original law is also known as the name of "chthonic" law, and is used as the customary law of the community of Indonesia, or the archipelago known at that time. The...
Undang-Undang No. 11 tertanggal 1 Juli 2016 tentang Pengampunan Pajak (Undang-Undang Pengampunan Pajak) mensyaratkan pengalihan harta tidak bergerak berupa tanah dan/atau bangunan milik Wajib Pajak selambat-lambatnya pada tanggal 31 Desember 2017, untuk memperoleh pembebasan Pajak Penghasilan. Namun, dalam faktanya tidak semua produk hukum Pejabat...
Setelah terbitnya Undang-Undang Nomor 20 Tahun 2011 tentang Rumah Susun, muncul permasalahan saat implementasi UU dimaksud yaitu perjanjian/akta apa yang dapat dipergunakan dalam hal syarat-syarat untuk melaksanakan PPJB sebagaimana di atur dalam Pasal 43 UU Rumah Susun belum terpenuhi. Pasal 43 UU Rumah Susun mengijinkan pengembang untuk melakukan...
In the process of buying and selling land as the basis for the transition of land rights from the seller to buyers in the area of Bolaang Mongondow, especially in Lolak Village District Lolak is done in two ways, namely the process of buying and selling as in general the sale and purchase of land ownership is a unity of land and buildings and plant...
The Sale and Purchase of the mortgage lending object is intended to pay off the loan from the debtor. Based on the background, then as for the formulation of the problem of writing is a. How does the validity of the sale and purchase of the object of guarantee of mortgage rights by the bank conducted without through the auction mechanism? b. What a...
Approach to study of law especially for dispute resolution concerning agrarian resources has been bound on normative positivistic approach
In this chapter, a new Corporate Social Responsibility (CSR) model is introduced in the land dispute resolution, which involves disputes over plantation ownership between local companies and people. The model provides a reward grant and basic-need facilities involving health and education, proven to solve the plantation land disputes in Malang and...
AbstrakTulisan ini merupakan hasil kajian tim peneliti mengenai tanah penguasaan pemerintah kota dengan studi di Kota Malang, seperti halnya yang terjadi di eks atau bekas daerah Gemeente seperti: DKl, Bandung, Medan, Surabaya, Malang, Manado, Palembang, Makassar, Pasuruan, menunjukkan secara historis atau riwayat perolehan tanah penguasaan pemerin...
AbstrakPengadaan tanah sebagai suatu lembaga hukum untuk mendapatkan tanah bagi aktifitas pemerintah dalam menjalankan pembangunan bagi kepentingan umum dalam sejarah hukum Indonesia senantiasa penuh dengan penyimpangan. debat pengadaan tanah senantiasa dipersempit hanya berkisar pada makna kepentingan umum, musyawarah untuk mufakat serta ganti ker...
AbstrakThe author publishes his research report concerning plantation landproblems. The research is aimed to result clarifications how far theresolution to accomplishing plantation land disputes. Study has been done tofind correlation between one of the land reform programs by landredistribution model and plantation land disputes. To giving accurat...
Abstrak The right of management of the state since early Dutch colony until thisrecent transition era has became terminology that been debated. Thatcontroversy persists by the strength of the state intervention through the vitalnatural resources for agrarian nations beside biased articulation indiscourse but also on state right in praxis terms. Tho...