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All Journal Hasanuddin Law Review Awang Long Law Review Jurnal Ilmu Hukum KYADIREN JURNAL USM LAW REVIEW Ilomata International Journal of Social Science DIKTUM: JURNAL SYARIAH DAN HUKUM Jurnal Sultan : Riset Hukum Tata Negara Sanskara Hukum dan HAM The Easta Journal Law and Human Rights Mawaddah: Jurnal Hukum Keluarga Islam Legalis : Journal of Law Review Jurnal Ilmu Administrasi Publik
Wamafma, Filep
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Religion Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences Other

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The Impact of the Fourth Amendment to the National Mineral and Coal Law on Regional Development: An Investment Law Perspective Wamafma, Filep; Sasea, Enny Martha
Jurnal Ilmu Hukum Kyadiren Vol 7 No 1 (2025): Jurnal Ilmu Hukum Kyadiren
Publisher : PPPM, Sekolah Tinggi Ilmu Hukum (STIH) Biak-Papua

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46924/jihk.v7i1.269

Abstract

This study examines the impact of the fourth amendment to the National Mineral and Coal Law (Minerba Law) on regional governance and its implications from an investment law perspective. Using a normative approach and qualitative analysis methods, the study identifies significant regulatory changes, particularly the centralization of mining permits, which has diminished the authority of regional governments. While this reform enhances legal certainty for investors and improves bureaucratic efficiency, it also raises concerns regarding environmental oversight, equitable distribution of economic benefits, and the protection of local community rights. The findings indicate that the reduced role of regional authorities increases the risk of uncontrolled resource exploitation and deepens social inequality. Therefore, policies that balance investment interests with socio-environmental sustainability are essential, emphasizing stronger oversight and greater regional government involvement in mining management.
The Arrangement of Investment Policy for the Protection of Indigenous People’s Rights Wamafma, Filep; Moenta, Andi Pangerang; Patittingi, Farida; Ruslan, Achmad
Hasanuddin Law Review VOLUME 5 ISSUE 2, AUGUST 2019
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v5i2.2403

Abstract

The investment law policies have a positive influence on the interests and welfare of all Indonesian people. However, many legal problems arise due to overlapping regulations both at the central and regional government levels, and also in term of the implementation of decentralization. The results show that the arrangement of investment policy in West Papua against the recognition and respect for Papua indigenous people's rights are still limited to universal policies. Nationally, the policy has not clearly revealed how the form of recognition and respect for the rights of indigenous peoples and/or Papuan indigenous peoples rights related to the presence of investments in West Papua. On a regional scale, the provincial government policy in the form of regional regulations, only covers the scope of investment in West Papua, but does not fully explain how the form of recognition and respect for Papua indigenous peoples related to investment. Hence, related with the alignment of Papua indigenous people's rights in the field of ideal investment arrangements in West Papua was began with the concept of Bottom-up Development Planning, by involving indigenous peoples as a whole. This concept is based on the Optimum Suitable Yield (OSY) where the amount of natural resources that can be exploited must be based on calculations from various perspectives such as biology, economics, and even socio-political perspectives.
Bibliometric Insights into Global Efforts in Protecting Children's Rights Rijal, Syamsu; Wamafma, Filep
The Easta Journal Law and Human Rights Vol. 2 No. 03 (2024): The Easta Journal Law and Human Rights (ESLHR)
Publisher : Eastasouth Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/eslhr.v2i03.282

Abstract

This bibliometric study provides an in-depth analysis of the research landscape in children's rights over the past three decades, utilizing a variety of visualization tools to map out author collaborations, thematic clusters, research trends, and potential areas for future exploration. Through the analysis of key publication databases, this paper identifies robust networks of collaboration among authors and highlights predominant thematic areas such as child protection, legal frameworks, and the impacts of global health policies on children. The temporal analysis reveals a noticeable shift in research focus, from traditional protection measures to more contemporary issues such as digital safety and global policy initiatives. Furthermore, areas with less research concentration, including the integration of sports in rights promotion and the implications of digital advancements on children, are identified as potential opportunities for future studies. This study underscores the dynamic nature of children's rights research and its evolution in response to both enduring and emerging challenges affecting children globally.
LEGAL PROTECTION OF PAPUAN INDIGENOUS PEOPLES THROUGH THE ROLE OF THE PAPUAN PEOPLE'S ASSEMBLY REGARDING FOREIGN INVESTMENT AFTER THE PAPUA SPECIAL AUTONOMY LAW Wamafma, Filep
Awang Long Law Review Vol. 8 No. 2 (2026): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v8i2.1989

Abstract

One of Papua's special autonomy rights is the existence of the Papuan People's Council (MRP) as a cultural representation of the indigenous Papuan population which is given certain powers. The main problem is that the MRP, which is a direct representative of indigenous Papuans, is considered to have weak authority in carrying out the direct aspirations of the Indigenous Papuan people, including matters relating to the entry of foreign investors into their customary land. Therefore, the implications of foreign investment on the enjoyment and ownership of indigenous peoples' rights to land are becoming increasingly neglected. This research was conducted to examine the legal protection of Papua's indigenous communities through the role of the Papuan People's Council towards foreign investment. This type of research is included in normative juridical with a statutory approach. The research results show that the regulation of foreign investment in Indonesia is regulated by Law Number 25 of 2007. This law contains a number of principles which form the background for the formation of norms and rules contained in the articles of this law. The legal protection of Papua's indigenous communities in relation to foreign investment is realized through several provisions, including Article 38 paragraph (2) and Article 43 of Law Number 21 of 2001 concerning Special Autonomy for Papua Province. In this law, it is stipulated that economic businesses that utilize natural resources in Papua must respect the rights of indigenous peoples. Furthermore, the Papuan People's Assembly must pay attention to indigenous communities in carrying out its functions and authority.
Co-Authors Achmad Ruslan, Achmad Atang Suryana Harsya, Rabith Madah Khulaili Irfan Christianto Isak Mansawan Marlina, Andi Martha Sasea, Enni Moenta, Andi Pangerang Nakeus Muid Papare, Meiora Ariella Patittingi, Farida Sakmaf, Marius Supriyanto Sasea, Enni Martha Sasea, Enny Martha Sassan, Jonhi Syamsu Rijal Triyantoro, Andri Vicario, Sanchez Wam, Sopince