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All Journal Al-Adalah: Jurnal Hukum dan Politik Islam Al-Bayyinah
Dandi Wahyudin
Institut Agama Islam Negeri Bone
Religion Law, Crime, Criminology & Criminal Justice

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Reconstruction of the Authority of the Papuan People's Assembly Based on the Principles of Siyasah Syar'iyyah: A Study of the Function of Cultural Representation Lukman Ansar; Sabar Podu; Lisma; Satriadi; Zulfadli; Dandi Wahyudin; Andi Miftahul Maulidil Mursyid
Al-Adalah: Jurnal Hukum dan Politik Islam Vol.11 No.1 (2026)
Publisher : Program Studi Hukum Tata Negara, Fakultas Syariah dan Hukum Islam IAIN Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/ajmpi.v11i1.10900

Abstract

This article examines the structural limitation of authority exercised by the Papuan People’s Assembly (Majelis Rakyat Papua -MRP), a cultural representative institution established under Indonesia’s Special Autonomy framework. Despite its strong moral and cultural legitimacy to protect the identity and fundamental rights of Indigenous Papuans, MRP’s authority remains largely procedural, creating a persistent gap between its normative mandate and practical influence in regional governance. Existing studies tend to frame this limitation as an administrative or political issue, leaving its normative and theoretical dimensions underexplored. This study offers a conceptual reconstruction of MRP’s authority through the lens of Siyasah Syar’iyyah, employed as a normative governance framework rather than a merely ethical reference. Using a normative juridical method that integrates conceptual, statutory, and historical approaches, the research develops a prescriptive model grounded in the principles of al-maslahah (public welfare), al-‘adl (justice), and hifz al-‘ird (protection of dignity). The findings demonstrate that this framework enables a redefinition of MRP from a symbolic cultural body into a substantive guardian of Indigenous interests with strengthened consultative authority possessing normative effects. The article contributes by bridging Islamic political jurisprudence and indigenous governance, while offering a normative-institutional basis for enhancing cultural justice within Papua’s Special Autonomy system.
Negotiation of State and Customary Authority over Village Governance in Jayapura Regency Faisal; Lukman Ansar; Tarmizi; Dandi Wahyudin; Andi Sugirman
Al-Bayyinah Vol. 10 No. 1 (2026): Al-Bayyinah
Publisher : Faculty of Sharia and Islamic Law Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/al-bayyinah.v10i1.11726

Abstract

This study aims to examine the dynamics of authority negotiations between state authorities and customary institutions in the administration of village governance in Jayapura Regency. Normatively, the existence of customary law communities is constitutionally guaranteed through Article 18B of the 1945 Constitution, which was further strengthened in Law Number 21 of 2001 concerning Special Autonomy for Papua. Using qualitative methods with a socio-legal approach, this study found that the Jayapura Regency Government, through Regional Regulation Number 8 of 2016, has taken progressive steps by integrating customary leadership structures into the formal administrative system through the Customary Village (Kampung Adat) scheme. The research findings indicate a dual power structure, in which Ondoafi performs roles encompassing governance, norm formation, and dispute resolution based on charismatic legitimacy that intersects with the demands of modern bureaucracy. The authority negotiation process is intense, particularly in the context of customary land (ulayat) management and conflict resolution through the Para-Para Adat mechanism, which, in practice, is considered more effective in maintaining social cohesion than formal judicial mechanisms. However, this integration still faces various obstacles, particularly the tension between state administrative standards and the genealogical and communal nature of traditional leadership. In conclusion, strengthening the position of Ondoafi as a liaison between investment interests and the protection of customary rights is a key factor in the successful implementation of special autonomy, while remaining within a framework of public accountability and respect for human rights principles.
Co-Authors Andi Miftahul Maulidil Mursyid Andi Sugirman Faisal Lisma Lukman Ansar Sabar Podu Satriadi Tarmizi Zulfadli