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All Journal Politika Progresif : Jurnal Hukum, Politik dan Humaniora Parlementer : Jurnal Studi Hukum Dan Administrasi Publik
Naya Amin Zaini
Unknown Affiliation
Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Legal Reconciliation in Resolving Social Conflicts Between the State and Indigenous Communities Abdul Rochim; Mohamad Tohari; Naya Amin Zaini
Politika Progresif : Jurnal Hukum, Politik dan Humaniora Vol. 3 No. 2 (2026): Juni : Politika Progresif : Jurnal Hukum, Politik dan Humaniora
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/progres.v3i2.3111

Abstract

In contemporary legal systems, social conflict between the state and indigenous communities is a complicated matter, especially when it comes to the acknowledgement and defense of indigenous peoples' rights to land, natural resources, and cultural identity. Indigenous peoples' rights, which before the establishment of the modern state, are frequently disregarded by imbalances in official policies that prioritize development interests. In this context, legal reconciliation is a relevant approach to resolving these conflicts in a just and sustainable manner. Legal reconciliation emphasizes the integration of customary law into the national legal system and the harmonization of state policies and the interests of indigenous peoples to create a more inclusive legal order. The study of legal standards relevant to resolving disputes between the state and indigenous peoples is the main emphasis of this research, which employs a normative juridical approach. The approach used in this research includes an analysis of national legislation, international legal instruments related to indigenous peoples' rights, and relevant legal doctrines. Using a statute approach and a conceptual approach, this research explores how legal reconciliation can be implemented in resolving social conflicts. Furthermore, this research highlights the role of legal principles such as restorative justice, legal pluralism, and recognition of indigenous peoples' rights in developing more effective conflict resolution mechanisms. This analysis is expected to establish a strong legal foundation for promoting more inclusive and socially just legal policies for indigenous peoples.
Application of Law in Renewable Energy Management and Environmental Legal Issues Purbo Triwiyoso; Naya Amin Zaini; Irfan Rizky Hutomo
Parlementer : Jurnal Studi Hukum dan Administrasi Publik Vol. 3 No. 2 (2026): Juni: Parlementer: Jurnal Studi Hukum dan Administrasi Publik
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/parlementer.v3i2.1698

Abstract

The development of renewable energy is one of the main solutions to address the energy crisis and environmental problems resulting from the use of fossil fuels. Renewable energy management requires comprehensive regulations to ensure sustainability and environmental protection. In a legal context, the implementation of renewable energy policies in Indonesia faces various challenges, ranging from regulatory aspects, legal certainty and the resulting environmental impacts. Therefore, an in-depth legal study is needed to understand the application of law in renewable energy management and identify related environmental legal issues. This research employs a normative juridical method with a statutory approach and a conceptual approach. The statutory approach tries to analyze legal norms governing renewable energy, including national regulations and international legal instruments that influence energy policy in Indonesia. Meanwhile, the conceptual approach will examine environmental legal principles related to renewable energy management, such as the principle of sustainability, the principle of precaution, and the principle of environmental responsibility. Furthermore, this research also identifies various environmental legal issues arising in renewable energy development, such as licensing and Environmental Impact Analysis (EIA) issues, potential conflicts of interest between renewable energy development and the rights of indigenous communities, and challenges in harmonizing regulations at the national and international levels. Understanding the legal aspects governing renewable energy management and emerging environmental issues is expected to contribute to the development of more effective and sustainable legal policies in the Indonesian energy sector.
Legal Analysis of Inheritance Dispute Settlement Using a Mediation Approach Nursam Prasetyo; Naya Amin Zaini; Wieke Dewi Suryandari
Parlementer : Jurnal Studi Hukum dan Administrasi Publik Vol. 3 No. 2 (2026): Juni: Parlementer: Jurnal Studi Hukum dan Administrasi Publik
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/parlementer.v3i2.1700

Abstract

Inheritance disputes are a common legal issue in Indonesia and have the potential to lead to prolonged conflict among heirs. The process of resolving inheritance disputes through litigation is often time-consuming, expensive, and can damage family relationships. Therefore, mediation, as a form of alternative dispute resolution (ADR), is a more effective and efficient solution for resolving inheritance disputes. Mediation enables the parties to reach an agreement based on the principles of deliberation and consensus, thereby avoiding family breakdowns that often occur in the judicial process. This study aims to analyze the legal basis for resolving inheritance disputes through mediation, examine the effectiveness of the mediation approach in legal practice, and identify legal obstacles encountered in its implementation. The study employs a normative juridical method with an approach based on statutory regulations and legal doctrines related to inheritance dispute resolution and mediation. The various regulations that form the basis for this research include Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution, Supreme Court Regulation Number 1 of 2016 concerning Mediation Procedures in Court, and provisions in inheritance law applicable in Indonesia, from the perspective of civil law, Islamic law, and customary law. Using a normative juridical approach, this research examines how mediation mechanisms can be effectively implemented in resolving inheritance disputes and examines various factors that can support or hinder their implementation. Therefore, this research is expected to contribute to developing a more equitable and expeditious inheritance dispute resolution system that maintains harmonious relationships between heirs.
Co-Authors Abdul Rochim Irfan Rizky Hutomo Mohamad Tohari Nursam Prasetyo Purbo Triwiyoso Wieke Dewi Suryandari