Iwan Permadi’s research while affiliated with University of Brawijaya and other places

Objectives: This study examines the legal framework governing the use of state land by cultivators in urban areas and proposes reforms that align with justice. It addresses the legal uncertainty and inequality faced by cultivators who occupy state land without formal land rights. Theoretical Framework: Grounded in the theory of agrarian justice, the study critiques capitalist ideology embedded in the current land laws, particularly the Job Creation Law, which prioritizes developers over cultivators. It advocates for fair access to land resources for marginalized groups. Method: A normative legal approach is employed, analyzing laws and regulations on state land cultivation. Case studies in urban areas, such as Jakarta, where legal conflicts over land rights are prevalent, provide insights into the effects of these laws. Results and Discussion: The study finds significant legal gaps that perpetuate injustice. Cultivators, who have used state land for decades, are denied land rights under the Job Creation Law, which favors business developers. Regional regulations, such as Jakarta’s Governor’s Decree, further hinder cultivators’ access to land certificates, necessitating legal reform for a more just system. Research Implications: Legal reform is essential to grant cultivators fair access to land rights, balancing development with social equity. Urban agrarian reform policies should prioritize justice for cultivators. Originality/Value: This research highlights the tension between capitalist development and social justice, offering a legal reform proposal to resolve conflicts over land rights in Indonesia's urban areas.

Land boundary determination is a fundamental aspect of land administration in Indonesia, aimed at ensuring legal certainty and preventing disputes among landowners. Recent technological advancements, including the use of drones and photogrammetry as regulated in Permen ATR/BPN No. 3/Juknis-HK.02/III/2023, have significantly improved efficiency in land measurement processes. These technologies enable accurate data collection even in inaccessible locations and produce digital maps supporting the modernization of land administration. However, their application raises critical legal issues, particularly regarding violations of the rechtszekerheid principle (legal certainty) and contradictory delimitation, which require the direct presence of landowners and bordering parties. This study employs a normative legal method, focusing on statutory and conceptual approaches. The findings indicate that while drones and photogrammetry enhance efficiency, the absence of direct stakeholder involvement undermines the legitimacy of measurement outcomes. Regulatory revisions are necessary to integrate field validation, ensuring compliance with legal and technical standards. The conclusion emphasizes harmonizing technological advances with legal principles to create an efficient, transparent, and equitable land administration system that aligns with Indonesia's systematic land registration goals by 2025.

The establishment of the Land Bank in Indonesia may lead to conflicts of interest and the existence of customary land may be forgotten for reasons of land stateisation. The process of acquiring customary land for reasons of stateisation may affect the legal protection of indigenous peoples' rights. This article examines agrarian conflicts after the establishment of the Land Bank Agency and the legal protection of indigenous peoples' land. This research is examined using the normative juridical method with a statutory approach. The results of the study found that the concept of the Land Bank is in contrast to agrarian reform in terms of land acquisition operations, because land can be obtained through the transfer of land ownership by the state which is intended for investment and infrastructure development. The government needs to improve the land sector Job Creation Law and the legal regulations of the Land Bank, the government must revise the rules related to the Land Bank so that this institution can maintain a balance of land utilisation for various interests fairly. The Land Bank should be a representative of the state to protect vulnerable groups of people, one of which is indigenous peoples. Then the community must be pro-active in applying for a Material Test on articles that have negative potential, especially the regulation of land stateisation in the Job Creation Law and the legal rules regarding the Land Bank in an effort to consolidate guarantees and justifications for land rights over indigenous peoples.

The importance of applying the concept of Restorative Justice in law enforcement, especially in cases of environmental pollution and destruction. Restorative Justice is an approach that focuses on the recovery of victims, perpetrators, and communities affected by criminal acts, with the aim of achieving more holistic balance and justice. This study aims to analyze the judges' views regarding the application of Restorative Justice in Decision Number 98/Pid.B/2014/PN.TOB and Number 428/Pid.B/LH/2023/PN.Rhl, as well as identify the legal consequences of these decisions in the perspective of Restorative Justice. The research method used is normative juridical research, which examines the substance of legal rules through statutory and conceptual approaches. The data used consisted of primary, secondary, and tertiary legal materials, which were collected through literature study and analysis of related documents. The results showed that the judges' views in both decisions reflect the application of Restorative Justice principles that focus on recovery and rehabilitation. Despite differences in approach, in general the judges sought not only to punish the perpetrators, but also to repair the damage caused, support the recovery of victims, and maintain social harmony. Further discussion shows that the application of Restorative Justice in these decisions has a significant impact in directing the criminal justice system towards a more humane and rehabilitative direction.

The inheritance is agreed to fall to one heir, then the registration of the transfer of rights to the land can be directly made to one heir who has been determined. However, the fact that the land registration that must be taken by the heirs is different from the rules listed in Article 42 paragraph (4) of PP No. 24 of 1997. The Land Office does not accept applications for registration of transfer of inheritance as stipulated in Article 42 paragraph (4) PP land registration, so that the registration of the land must be registered first to all heirs, after which a deed of Division of Joint rights (APHB) is made for the refusal, of course, there will be legal consequences for the applicant. The problem in this study is a legal remedy for applicants for land registration because of inheritance that has been the division of inheritance but rejected by the Land Office and how the legal protection for applicants for land registration because of inheritance that has been the division of inheritance but rejected by the Land Office. This type of research is normative legal research. The method of approach uses a legislative and conceptual approach. Data sources come from primary and secondary sources of law. The results of this study indicate that legal remedies for applicants for land registration due to inheritance that has been the division of inheritance but rejected by the Land Office the factors that affect the inadmissibility of the registration of the transfer of land rights due to inheritance based on APHW are ignorance of service counter employees about the rules of registration of the transfer of land rights due to inheritance based on APHW, namely Article 42 paragraph (4) of Government Regulation No. 24 of 1997 on Land Registration. There has been no direction from the superior to the Front Office related to the National Land Agency circular on instructions for registration of transfer of Rights due to inheritance, probate grants and distribution of rights with B/HR number.02/1012/IV / 2023 dated April 13, 2023. Alternative efforts that can be made by the parties so that the registration of the transfer of rights due to inheritance based on APHW can be applied, can be done by a notary/PPAT or from the applicant himself. Efforts that can be done by a notary/PPAT one of them by filing a complaint related Land Office.

Receivables are the right to collect debts, a means of fulfilling civil obligations, a continuation of the credit agreement contract that must be held. The principle of Pacta Sunt Servanda as the foundation of giving direction, purpose, and fundamental value and ethical judgement to debts with property collateral with a time limit determined by the parties. However, the need for money when the receivables are not yet due encourages the receivables to be transferred into cessie, doctrinally the holder of the eigendom right has the power to eigenaar freely and to act freely on the property with full sovereignty, even so, the problem arises with the submission following the formal rules of cessie raises legal consequences, if without being notified, or in writing has been acknowledged and approved. This article questions whether the submission of receivables in the form of a unilateral legal action through cessie reflects the value of pacta sunt servanda which provides equality and justice for the parties? By applying a normative juridical research method based on a statutory approach, a legal conceptual approach, and a case approach, it strengthens the results prescriptively analytically, related to cessie which is worth justice being a hope for the business world, preventing potential legal uncertainty, avoiding potential disputes over the implementation of the transfer of receivables, preventing economic losses, by internalising the value of legal certainty and justice. The value of pacta sunt servanda in this case relates to the equal position between the creditor and the debtor, this aspect also emphasises the guarantee of human rights for the parties to the agreement, as well as legal certainty and predictability in the process of fulfilling the provisions of the rights and obligations of the agreement agreed by the parties

Penelitian ini mengkaji mengenai tindak kejahatan pertanahan yang dilakukan oleh mafia tanah. Terancamnya penguasaan tanah yang berkepastian hukum akibat adanya keterlibatan oknum pejabat BPN, oknum Notaris/PPAT, oknum perangkat desa serta masyarakat sendiri menjadikan kejahatan mafia tanah berjalan terencana dan sistemastis. Selain itu, lemahnya integritas profesionalitas didalam internal pejabat yang berkenaan dengan pertanahan serta sikap jujur, amanah dan lemah secara kecerdasan spiritual membuat kejahatan ini sulit teratasi. Tujuan dari penelitian ini ialah mengidentifikasi bentuk praktik kejahatan mafia tanah dan bentuk perlindungan hukum bagi korbannya. Penelitian ini dengan metode normatif. Hasil kajian menunjukkan perlunya tindakan penegakan hukum yang baik, secara preventif (melalui perbaikan regulasi) maupun represif (penyelesaian hukum secara adil berupa sanksi dan hukuman) dalam menjamin perlindungan hukum terhadap korban akibat kejahatan mafia tanah. Selain itu pengawasan perlu ditingkatkan dalam internal penyelenggara program pertanahan yang berkaitan dengan penerbitan sertipikat tanah serta ruang lingkupnya harus secara jelas dan tegas. Pemerintah harus berani mengambil tindakan yang tegas dan terukur bagi pejabat yang melakukan perbuatan melawan hukum baik secara pidana maunpun secara administratif, sehingga kepastian dan perlindungan hukum dapat terwujud sebagaimana mestinya.

The acts of wild scrutiny against the PTSL program are clearly not based on clear legal rules except those which have been established in the SKB 3 ministers. The existence of long, complicated and exhausting procedures of service makes the public dependent and accustomed to dealing with corrupt public services, thus creating a tendency of the public to tolerate the practice of wild bullying. The study in this study focuses on the action of the complete systematic land registration program. The method of research used is the normative jurisprudence with the method of approaching legislative regulations and conceptual approaches. The results of the research showed that the practice of savage bribery against land registration activities and government strategic programmes was caused by the weakness of integrity and professionalism of the organizers of public briberies, the ineffectiveness of supervision of the government’s strategic programs in preventing the occurrence of acts of corruption and savage Bribery and the bad habits of the people who consider the process through which it is not easy so that culture provides a sum of money under the pretext of the processes quickly and improvised. Enforcement of the law can be done preventively by doing coordination between the police, local government, BPN and village government. Repressively enforcing is carried out with repression and punishment against the perpetrators of wild scourge measurably and consistently Together with the saber pungli team.

Management rights are considered to be one of the Government's efforts to facilitate large entrepreneurs in investing in Indonesia. Of course, investment is expected to improve the community's economy. One of the efforts to improve the economy is done by creating jobs for the community. So it is necessary to map the land that is ready for business activities for investors. This article focuses on land management rights by the government for investment needs in Indonesia. The results show that the Management Rights (HPL) arrangement is not explicitly spelled out in Law Number 5 of 1960 concerning Basic Agrarian Regulations. that management rights are not purely from the state's control rights over land, but rather the delegation of the state's control rights to the subject or holder of management rights. The concept of a land bank in terms of its function becomes very important to consider as an instrument for land reserves in investment efforts for the prosperity of the people.

UU no. 30 of 2014 concerning Government Administration explicitly states that it is possible for Government Officials to be tested by the PTUN. This is of course in order to create good government. This research is normative juridical legal research. This research will analyze the legal position and right to sue the community regarding the Onrechtmatige Overheidsdaad dispute. The research results concluded three things; First, the public has sufficient requirements to file a lawsuit because the legal position and right to sue are regulated in the Decree of the Chief Justice of the Supreme Court Number 36/KMA/SK/II/2013, Law Number 5 of 1986 concerning Administrative Justice, and others. Second, UUAP No. 30 2014 also explicitly states that the government is prohibited from abusing its authority and the PTUN has the authority to decide whether there are elements of abuse of authority. This means that Law Number 30 of 2014 provides space for the public to file a lawsuit. The three definitions of 'Community Citizens' in UUAP No. 30 2014 must be changed after the publication of PERMA Number 01 of 2023 concerning Guidelines for Adjudicating Environmental Cases.