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Angela Davina Ryan Vie; Hauna Tsabitul Azmi

Jurnal Riset Ilmu Hukum, Sosial dan Politik 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The governance of natural resources (NR) in Indonesia remains marked by structural inequalities that favor large corporations, while indigenous and local communities are marginalized from access, management rights, and equitable benefit-sharing. Although the Constitution and several laws mandate social justice and ecological sustainability, NR governance practices tend to focus on exploitation and investment acceleration, sacrificing environmental protection and meaningful public participation. This study employs a normative juridical approach to analyze weaknesses in sectoral regulations, overlapping authorities, and their implications for the rights of local communities. Drawing on Satjipto Rahardjo’s progressive justice theory, it offers a reformulation of the concept of “controlled by the state” in Article 33 of the 1945 Constitution as a trustee mandate, rather than a monopoly, placing humans, the environment, and justice as the primary orientation. The proposed legal transformation strategies include revising NR regulations, implementing the Free, Prior, and Informed Consent (FPIC) principle, strengthening community-based management models, recognizing the rights of nature, and establishing participatory oversight mechanisms. This approach is expected to dismantle unequal power relations and direct NR governance toward ecological sustainability, community empowerment, and intergenerational benefit equity.

Alienra Davry Nanda Kadun MT; Terianus Luther Safkaur; Ferry Rhendra Pananda Putra Sitorus

Jurnal Pengabdian dan Pembangunan Lokal 2026 Lembaga Pengembangan Kinerja Dosen

This community service was carried out at the Abar traditional pottery craftsman studio "Titian Hidup" with the aim of strengthening business competitiveness through the development of branding strategies based on local wisdom. Pottery crafts in Papua, especially in Kampung Abar, not only represent technical skills, but also contain philosophical values that reflect the history and cultural life of the indigenous peoples. However, until now pottery products do not have a brand identity that is able to express the richness of meaning and character that they have. The method of service includes deepening the philosophical character of the product, the application of technology, and socialization to craftsmen. This approach is designed to build awareness and knowledge about the importance of branding as an instrument to strengthen business identity. The results of the service show that artisans are beginning to understand the concept of professional branding, including product differentiation, cultural narratives, and the use of digital technology to expand market access. In addition, this activity encourages the adaptation of artisans to modern market developments without losing the cultural roots that characterize the product. Thus, this service contributes to the preservation of local culture while increasing the sustainability of the traditional Papuan pottery craft business through a structured and contextual branding strategy.

Hulu Yerdin Kobak

Jurnal Budi Pekerti Agama Kristen dan Katolik 2026 Asosiasi Riset Pendidikan Agama dan Filsafat Indonesia

Social conflicts experienced by indigenous peoples in Yahukimo Regency, Papua Pegunungan, reveal the vulnerability of civilians due to violence, displacement, and weak protection of basic rights in situations of prolonged conflict. These conditions indicate a gap between conflict management policies and the real needs of indigenous peoples for justice, peace, and social recovery. This study aims to analyze the role of the church in responding to social conflicts experienced by indigenous peoples in Yahukimo Regency. This study was conducted using qualitative methods through a descriptive-analytical approach based on literature studies and analysis of the socio-religious context of Papua. This study confirms that the church has a strategic role as an agent of peace and a prophetic voice in defending the dignity and rights of indigenous peoples amid social conflict. The results of the study show that the church's involvement in pastoral counseling, humanitarian advocacy, and peace awareness building contributes to strengthening the social resilience of indigenous peoples. The study concludes that the role of the church needs to be directed in a more contextual and sustainable manner in order to promote fair and dignified conflict resolution. The recommendations of this study emphasize the importance of strengthening the role of the church in peace dialogue and cross-stakeholder cooperation for the social recovery of indigenous peoples in Yahukimo.

Yenita Ekasanti Sidabalok; Muliono Muliono; Galank Pratama

Jurnal Hukum dan Sosial Politik 2026 International Forum of Researchers and Lecturers

Land conflict between the Sihaporas indigenous community and PT Toba Pulp Lestari (TPL) remains an ongoing agrarian issue that directly affects the community’s livelihoods. The inclusion of the company’s concession within the customary territory has changed patterns of land control and use that were previously managed collectively across generations. This situation restricts access to agricultural land and forests, reduces sources of income, and creates social tensions and confrontations. This study aims to analyze the impacts of land conflict on the Sihaporas indigenous community and to examine the conflict through a political ecology perspective with a focus on power relations among actors. Using a qualitative case study approach, data were collected through interviews, observations, and document analysis. The findings show that the conflict affects economic, social, and cultural aspects of the community and reflects unequal power relations between indigenous peoples, corporations, and the state in controlling agrarian resources.

Ezra Kalyla; Nadia Khumairatun Nisa; Muhammad Adjie Akbar; Nathania Aulia Damayanti; Revaldy Putra Razwa +2 more

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2026 Pusat Riset dan Inovasi Nasional

This study analyzes the implementation of cultural preservation policies in Lebak Regency in the context of the Seren Taun tradition as part of efforts to maintain local wisdom and sustainable development. The approach used is qualitative with a case study method, through interviews, observations, and documentation studies of local governments, traditional leaders, and the Kasepuhan Citorek community. Data analysis was carried out using the Miles and Huberman model, including data reduction, data presentation, and conclusion drawn. The results of the study show that the implementation of cultural preservation policies in Lebak has been regulated through Regent Regulation Number 435 of 2022 concerning Regional Cultural Promotion, which emphasizes the importance of indigenous peoples' participation. The implementation of this policy is analyzed using Edwards III's theory, which includes communication, resources, disposition, and bureaucratic structure. The Seren Taun tradition has proven to play an important role in strengthening cultural identity, fostering social solidarity, maintaining food security, and teaching ecological awareness. However, challenges such as budget constraints, low cultural documentation, and shifting values of the younger generation remain major obstacles. This research emphasizes that synergy between the government, customary institutions, and communities is the key to the success of sustainable and inclusive cultural preservation in Lebak Regency.

Puguh Toko Arisanto

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The Baduy tribe is an indigenous community in Banten Province divided into two main groups, namely Inner Baduy and Outer Baduy, with varying levels of adherence to customary law and exposure to modernization. This article examines various government policies that affect the survival and identity of the Baduy tribe. These policies include the recognition of customary rights through Lebak Regency Regulation No. 32 of 2001, the designation of Kanekes Village as customary land, and the designation of the Baduy area as a tourist destination. Although these policies aim to protect the rights and preserve the culture of the Baduy, their implementation has created a dilemma. On the one hand, tourism opens up new economic opportunities and raises cultural awareness. On the other hand, the influx of tourists triggers significant social, cultural, economic, and environmental changes, especially among the Outer Baduy, including the adoption of modern technology, shifts in consumption patterns, and increased environmental pollution. Thus, preservation policies have ironically become drivers of change that undermine the Baduy community's original identity.

Elkanalisa Togatorop; Muliono Muliono; Galank Pratama

Jurnal Ilmu Pertahanan, Politik dan Hukum Indonesia 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The land conflict between the Pandumaan-Sipituhuta indigenous community and PT Toba Pulp Lestari is a form of agrarian conflict involving claims to control customary territory and corporate interests. This study aims to analyze the role of the Indigenous Peoples Alliance of the Archipelago (AMAN) in this conflict. The approach used was qualitative with data collection techniques through in-depth interviews and documentation studies. The results of the study indicate that AMAN plays a significant role in various aspects, such as legal assistance, mass mobilization, community organizing, legal education, and village deliberations. In addition, AMAN also builds networks with various parties to strengthen the bargaining position of indigenous communities. Through these roles, AMAN has succeeded in increasing the bargaining power of the Pandumaan-Sipituhuta indigenous community in facing the conflict with PT Toba Pulp Lestari. This study confirms that advocacy organizations such as AMAN have a crucial role in fighting for the rights of indigenous communities in land disputes, as well as being agents of change in resolving agrarian conflicts.

Ludia Baransano; Karmanis Karmanis; Tri Lestari Hadiati

Law and Justice research journal 2026 International Forum of Researchers and Lecturers

This research aims to analyze the implementation of land acquisition policies in Sorong City from the perspective of social justice for indigenous peoples, and to evaluate the extent to which customary rights are accommodated in the development process. The research method is a mixed-methods study with an embedded design. The qualitative approach was the primary instrument, using in-depth interviews with five key speakers, including land authorities and representatives of the Malaloi Indigenous Peoples Institution (LMA). Quantitative approaches are used only in correlation analysis to reinforce qualitative findings. The study's results show a "Paradox of Justice" in Sorong City. Procedurally, the land acquisition policy has been effective in accordance with Law Number 2 of 2012, supported by a strong statistical correlation between land acquisition and social justice. However, substantively, justice for indigenous peoples has not been fully achieved because the involvement of indigenous leaders in deliberations is often considered a mere administrative formality. The highest correlation between indigenous peoples and social justice confirms that the recognition of customary rights is the main determinant of justice in public policy. The main obstacles identified include difficulties in the administrative documentation of customary lands and paradigmatic differences between the government's materialistic values and the sociocultural values of indigenous peoples. The theoretical implications of this study confirm the importance of communication factors and the disposition of implementers in the implementation of policies in customary territories. In practice, the government needs to reformulate deliberations based on local values and the structural recognition of customary rights.

Arief Kurniawan; Siti Saniah; Ongky Almus

Mahkamah : Jurnal Riset Ilmu Hukum 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The development of the Central Government Core Area (KIPP) of the Capital City of Nusantara (IKN) is a national strategic project that has significant implications, particularly in relation to state control/domination of land.  The relocation of the national capital to the Capital City of Nusantara (IKN) has become a strategic agenda of the Indonesian government, which aims to realize equitable development and a new administrative center in Indonesia (Law Number 3 of 2022 concerning the National Capital) and has an impact on all aspects of the lives of indigenous peoples in the IKN Nusantara region, particularly in the field of land.  However, this project raises serious issues related to state control of land, especially in terms of the rights of the surrounding communities whose land is affected by the Development of the Central Government Area of the Capital City of Nusantara (KIPP IKN).  Land restitution is a central issue because it concerns the guarantee of human rights, particularly the right to ownership, access to land, and social justice (Satjipto Rahardjo, Hukum dan Masyarakat [Law and Society] (Bandung: Alumni, 2000).  This study analyzes how land restitution in the KIPP IKN development project is viewed from a human rights perspective, emphasizing the need for a balance between national development interests and the protection of citizens' rights.

Randy Vallentino Neonbeni; Lego Karjoko; Pujiono Suwadi

Prosiding Seminar Nasional Ilmu Hukum 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Inclusive policies are a must in governance, especially at the village level that deals directly with indigenous communities. Formal recognition of customary law in the determination of village boundaries under the national legal framework is crucial to create agrarian justice and legal certainty; Its relevance focuses on the importance of local wisdom accommodation and the structure of indigenous peoples as legal subjects entitled to their territories; The final goal of this study is to formulate a model of harmonization of positive law and customary law for the determination of participatory and equitable village boundaries; The main legal basis includes the 1945 Constitution Article 18B Paragraph (2) and Law (UU) Number 6 of 2014 concerning Villages; and Regulation of the Minister of Home Affairs Number 45 of 2016 concerning Guidelines for the Determination and Affirmation of Village Boundaries. This research uses a normative juridical method with a legislative and conceptual approach; The conflict resolution offered is through a consensus deliberation mechanism facilitated by the local government while still upholding the rights of indigenous peoples.  

Muhammad Irfan Maulana

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study analyzes the legal implications of the Merauke Food Estate Project on the principles of sustainable development and Indonesia's commitment to Net Zero Emission (NZE) from the viewpoint of international environmental law. Through a normative legal approach complemented by qualitative empirical analysis, this study reveals that the realization of this project has the possibility of violating national and international environmental principles, which include sustainable development, the precautionary principle, and the polluter pays principle, due to the mass deforestation that increases carbon emissions and the absence of the implementation of the Free, Prior, and Informed Consent (FPIC) mechanism for indigenous peoples. The findings indicate that the legal responsibility of the state and corporations in this project is not fully aligned with Indonesia's commitments under the Paris Agreement and the NZE target. Previously, and Informed Consent (FPIC/PADIATAPA) for indigenous peoples. The findings show that the legal responsibilities of the state and corporations in this project are not completely in line for Indonesia's commitments in the Paris Agreement and the 2060 NZE target, thus requiring policy reconstruction according to a rights-based strategy to ensure a balance between food security, ecological fairness, and a healthy environment.

Merliana De Carvalho Asa; Yohanis Kristianus Tampani; Clotilde Seran; Antonius Bere

RISOMA : Jurnal Riset Sosial Humaniora dan Pendidikan 2025 Asosiasi Ilmuwan Pendidikan, Sosial, dan Humaniora Indonesia

The Loro Dirma Traditional House in Sanleo Village is an important representation of the culture of the indigenous people and is the center of the formation of social, spiritual, and local wisdom identities. This study aims to: (1) describe the structure and architecture of the Loro Dirma Traditional House, and (2) analyze the symbolic meaning contained therein in the context of the life of the indigenous people. The study uses a descriptive qualitative approach through direct observation, documentation, and in-depth interviews with traditional leaders and the local community. The results of the study indicate that the Loro Dirma architecture is full of philosophy that reflects the values ​​of unity, respect for ancestors, and the concept of balance between humans, nature, and the Creator. In addition, the function of Loro Dirma has undergone a transformation, from a traditional residence to a center for traditional activities, a space for deliberation, the implementation of religious ceremonies, and a medium for educating cultural values ​​for the younger generation. However, the study found challenges in preservation efforts, such as limited traditional raw materials, changes in community lifestyles, and the declining interest of the younger generation in local culture. Therefore, collaboration between local governments, indigenous communities, and educational institutions is needed to document, revitalize, and integrate Loro Dirma cultural values ​​into formal and non-formal curricula to ensure their sustainability.

Sinta Juliyanti

Prosiding Seminar Nasional Ilmu Manajemen Kewirausahaan dan Bisnis 2025 Asosiasi Riset Ilmu Manajemen Kewirausahaan dan Bisnis Indonesia

Empowering women through the development of home-based industries plays a crucial role in improving household welfare and strengthening community-based economies in Papua. This study aims to analyze the triple role of Indigenous Papuan Women (OAP) in the D’TOMU Home Production in Sebyar Rejosari Village, Tomu District, Teluk Bintuni Regency, and to evaluate the implementation of Regional Regulation No. 1 of 2019 concerning the Recognition and Protection of Indigenous Peoples’ Rights. This research employs a qualitative method using in-depth interviews, observations, and documentation with ten key informants, including OAP women, community leaders, and production facilitators. The findings indicate that the home production initiative has a significant positive impact on three main aspects: (1) better time management balance in handling domestic, productive, and social roles; (2) increased household income by 25%–35% through product diversification such as sago flour, keladi chips, fish crackers, shrimp crackers, and traditional Papuan handicrafts; and (3) improved social recognition of women within families, communities, and indigenous societies. This study highlights the importance of government support, entrepreneurship training, digital literacy enhancement, and multi-stakeholder collaboration to achieve sustainable and competitive empowerment of Indigenous Papuan women.

Sumartono Sumartono; Riswadi Riswadi

Doktrin: Jurnal Dunia Ilmu Hukum dan Politik 2025 International Forum of Researchers and Lecturers

The exploitation of natural resources through mining projects in Indonesia often has an impact on the lives of residents, both socially, economically, and environmentally. Although the government has established various regulations to protect the rights of affected communities, the implementation of this legal protection still faces various challenges. In this context, this research aims to analyze legal protection for residents in mining projects in Indonesia and examine the effectiveness of regulations that have been implemented. This research uses a normative juridical method using both a statutory and a conceptual approach. The former involves examining multiple legal provisions that govern mining and community protection, including Law Number 4 of 2009 concerning Mineral and Coal Mining, Law Number 32 of 2009 concerning Environmental Protection and Management, and various derivative regulations. The latter involves investigating legal theories that are pertinent to the defense of residents' rights, including the notion of sustainable development, the right to a healthy environment, and the rights of indigenous peoples to land and natural resources. This research does not involve case studies or interviews, but focuses on a normative study of the applicable legal system. Through an analysis of national and international legal instruments, this research is expected to provide academic contributions in identifying weaknesses in existing regulations and providing recommendations for policy makers in improving legal protection for residents affected by mining projects. Thus, this research can be a basis for strengthening more effective legal protection in maintaining a balance between the exploitation of natural resources and the rights of local communities.

Alya Rosalina; Taufik Akhyar; Hatta Azzuhri

Jurnal Riset Ilmu Hukum, Sosial dan Politik 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This research discusses "The Dynamics of Agrarian Conflicts: Political Perspectives of Land Rights (Case Study of the Conflict Between PT. Swarna Cinde Raya with residents of Pangkalan Benteng Village, Talang Kelapa District, Banyuasin Regency)''. It aims to find out the causes and development of the dynamics of agrarian conflicts between the residents of Pangkalan Benteng Village and PT Swarna Cinde Raya. The research method used was qualitative. With primary data, namely residents of Pangkalan Benteng village, Banyuasin Regency. Data collection techniques through interviews and documentation. The results of the study show that first. The agrarian conflict between the residents of Pangkalan Benteng Village and PT Swarna Cinde Raya occurred due to overlapping land claims, land evictions by the company, and the slow response of the government and law enforcement. The main causes are ownership disputes, human rights violations, and lack of transparency in the resolution of cases by the authorities. Second,  the agrarian conflict between the residents of Pangkalan Benteng Village and PT Swarna Cinde Raya (PT SCR) has been going on since 2009. PT SCR claims that the 200 hectares of land managed by residents for generations has now been reduced to 80 hectares. The company put up prohibition signs based on the Agrarian Cases Law, causing intimidation and uncertainty for residents. Residents feel that their rights have been deprived, suffered losses due to evictions, and have received a slow response from the government and law enforcement. South Sumatra's Ministry of Law and Human Rights recommends a settlement through legal channels, but the slow and lack of transparency creates public distrust and risks escalating conflicts. This conflict reflects structural problems of agrarian management in Indonesia, such as power imbalances, overlapping regulations, and weak protection of indigenous peoples' rights. A just settlement must prioritize transparency, community participation, and respect for human rights so that conflicts do not spread.

Yoakim Yolanda Mario Leu; Maria Yosephina Uni Aran

Jurnal Motivasi Pendidikan dan Bahasa 2025 International Forum of Researchers and Lecturers

This study aims to describe the social criticism of the short story "Ama Tobi di Antara Konten Batas Kampung Serumpun" by Silvester Petara Hurit. This study uses a qualitative method with data analysis using a sociology of literature approach. The results of the study indicate that there is social criticism of the short story "Ama Tobi di Antara Konten Batas Kampung Serumpun" by Silvester Petara Hurit, namely 1) Criticism of social relations. The social relations that are expected to live, grow and develop in the village of Lewolema, have now changed into a conflict that eliminates the values ​​of family, brotherhood, solidarity, cooperation between residents, 2) Criticism of identity starting from the change of the name of the village, can be considered as an effort to eliminate the cultural and historical identity of the community. In addition, the influence of colonialism, where the arrival of European missionaries and traders has brought changes in the value and belief system. The role of schools established by religious foundations has brought changes in the community's education system, and 3) Criticism of power is a struggle between traditional values ​​and modernity. Indigenous peoples have strong values ​​and traditions, but they also feel that they must adapt to the changing times and the presence of the government and religious foundation

Sirilus Karolus Keroponama Keban; Marlinda Barek Klibang; Veronika Niga

Jurnal Motivasi Pendidikan dan Bahasa 2025 International Forum of Researchers and Lecturers

This study aims to describe the values ​​of struggle in the short story Hujan Pertama Dari Kampung Kafir by Silvester Petara Hurit. This study uses a descriptive qualitative method with data analysis techniques using a sociological approach. The results of the study indicate the values ​​of struggle in the short story Hujan Pertama Dari Kampung Kafir by Silvester Petara Hurit concluded as follows, 1) the struggle of indigenous people to maintain ancestral traditions, 2) the struggle to preserve local wisdom, 3) the struggle to maintain identity, 4) the struggle to find the meaning of faith, and 5) the struggle to maintain cultural symbols.

Najwa Aulia Kusuma; Lena Dea Pitrianingsih

Jurnal Riset Ilmu Hukum, Sosial dan Politik 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

It is impossible to disentangle customary law from the fabric of a community as it is an integral aspect of society as a whole.  The national legal system in Indonesia also develops as society evolves in response to shifting social, cultural, economic, and political demands.  Through the lens of positive legislation and field practices, this study adopts a juridical-sociological method to better understand how indigenous people's rights are legally protected in environmental management.  By taking a legal stance, we may analyse the constitutional guarantees and statutes that protect indigenous peoples' rights from 1945 forward.  At the same time, the sociological method seeks to understand indigenous populations' experiences with, reactions to, and advocacy for their right to a sustainable environment in light of these legislative obligations.  The 1945 Constitution guarantees, in Article 18B paragraph (2).

Talib, Solihin H.; Talib, Riski; Moonti, Roy Marthen

Jurnal Ilmu Pertahanan, Politik dan Hukum Indonesia 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The determination of compensation in the process of land acquisition for infrastructure development in Indonesia still faces various complex legal problems. Although has been regulated in Law Number 2 Year 2012, its implementation often creates inequality, both in terms of compensation value and procedures for community involvement. The phrase “decent and fair” in the regulation opens wide room for interpretation, so there is often a mismatch between the value set by the government and the expectations of the community. This imbalance is exacerbated by weak public participation, lack of legal literacy, and the dominance of legal-formalistic approaches. Agrarian conflicts, legal uncertainty, and disregard for the social and cultural values of indigenous peoples also exacerbate the situation. Therefore, policy reforms based on a participatory approach, institutional strengthening, and the use of digital technology to realize transparency and accountability are needed. Fair compensation must ensure protection of citizens' human rights and build trust in the legal system in the development process. 

Muhammad Mujab Nabil; Zahran Qolbi Salim; Amelia Nabila Pramesthi; Ianju Parlindungan Tinambunan

Jurnal Ilmu Pertahanan, Politik dan Hukum Indonesia 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The National Strategic Projects (PSN) launched by the Indonesian government aim to accelerate development and drive national economic growth. However, in practice, many of these projects overlap with customary territories that lack formal legal certainty. This legal uncertainty gives rise to various problems, such as agrarian conflicts, criminalization of indigenous peoples, and the loss of living space and cultural identity of local communities. This study aims to analyze the forms of legal uncertainty experienced by indigenous peoples in the implementation of PSN and its impact on the protection of their collective rights. Additionally, this study explores the relevance of the principle of legal pluralism as a normative foundation for reforming national development policies to be more inclusive and ensure legal certainty for indigenous peoples. The approach used is normative qualitative with a literature study of regulations, court decisions, and reports from civil society organizations. The results of the analysis show that the legal imbalance between state law and customary law is the root cause of the marginalization of indigenous peoples in large-scale national development projects. The principle of legal pluralism, which recognizes the existence of customary law as a legitimate legal system, can be an alternative approach in formulating future development policies. The application of legal pluralism enables the state to build a development model based on social justice, participation, and respect for legal and cultural diversity. Thus, policy reform based on legal pluralism is an urgent necessity in addressing the challenges of structural justice for indigenous communities amid the tide of national development.