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All Journal SOSIOHUMANIORA: Jurnal Ilmiah Ilmu Sosial dan Humaniora Golden Ratio of Law and Social Policy Review (GRLSPR)
Muh Fichriyadi Hastira
Universitas Mulawarman
Arts Humanities Education Law, Crime, Criminology & Criminal Justice

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The Role of the West Kutai Regional Government in Resolving Indigenous Land Conflict Between the Communities of Muara Tae and Muara Ponaq Villages Heri supriyanto; Muh Fichriyadi Hastira; Alberto Noviano Patty; Sry Reski Mulka
Golden Ratio of Law and Social Policy Review Vol. 5 No. 2 (2026): January - June
Publisher : Manunggal Halim Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52970/grlspr.v5i2.2117

Abstract

Customary land conflicts are one of the structural problems that continue to arise in agrarian resource management in Indonesia, especially in areas with high intensity of resource extraction-based development. In the context of decentralization, local governments have significant administrative authority in determining territorial boundaries and managing social conflicts. This study aims to critically analyze the role of the West Kutai Regency Government in resolving the customary land conflict between Muara Tae Village and Muara Ponaq Village, which is centered on the Utaq Melinau customary forest area. The study uses a qualitative approach with a case study design. Data was obtained through in-depth interviews, field observations, and policy document analysis. Data analysis used Miles and Huberman's interactive model, with Ralf Dahrendorf's conflict and authority theoretical framework and Fisher and Ury's conflict resolution theory. The results show that the local government procedurally positioned itself as a neutral mediator through dialogue facilities and administrative mechanisms. However, structurally, the government remains an authoritative actor that shapes the arena of conflict through policies on the determination of administrative boundaries. The neutrality of the local government is administrative in nature, but does not fully reflect substantive justice because administrative decisions have a direct impact on the legitimacy of customary land claims and the distribution of access to resources. This conflict also has an impact on ecological degradation and changes in the economic structure of indigenous communities.The theoretical contribution of this research lies in the development of the concepts of procedural neutrality and structural neutrality in local agrarian conflicts. Practically, this research emphasizes the need to reformulate the of territorial boundary policies based on the recognition of customary rights, participatory verification, and community-based ecological protection.
Delegated authority and strengthening the role of regional governments in handling human trafficking crimes in Nunukan Regency Jauchar B; Jefri Jefri; Muh Fichriyadi Hastira; Sry Reski Mulka; Andi Besse Fatimah
SOSIOHUMANIORA: Jurnal Ilmiah Ilmu Sosial dan Humaniora Vol 12 No 1 (2026): February 2026
Publisher : LP2M Universitas Sarjanawiyata Tamansiswa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30738/sosio.v12i1.22079

Abstract

Human trafficking in Indonesia's border regions is closely linked to illegal or non-procedural migration practices, particularly in Nunukan Regency, which borders Malaysia. This situation is exacerbated by a highly centralized governance structure, which limits the role of local governments in responding to the rapid and informal nature of migration and human trafficking. This study aims to analyse the policy framework for handling human trafficking crimes in the context of illegal migration, highlighting the limitations of local government authority in a decentralized system. This study uses a literature review and qualitative policy analysis based on documents, including laws and regulations, national and regional policies, relevant academic literature, and reports from international organizations. The analysis was conducted using a transnational governance framework and the concept of delegated authority. The results of the analysis show that there is a governance gap in the supervision of non-procedural migration, data collection on migrant workers, cross-border coordination, and initial protection of victims of human trafficking due to the dominance of central government authority. These findings are analytical and normative, not empirical, and show that the limitations of local governments' roles are a consequence of the policy's institutional design. This study concludes that the development of a limited, accountable delegated authority scheme has the potential to strengthen local governments' roles in border areas in addressing the link between illegal migration and human trafficking, and recommends further empirical research to test its effectiveness in implementation.
Co-Authors Alberto Noviano Patty Andi Besse Fatimah Heri supriyanto Jauchar B Jefri Jefri Mulka, Sry Reski