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Konsepsi Masyarakat Adat dan Problematika Pengakuan dan Perlindungannya M. Hatta Roma Tampubolon
Jurnal Risalah Hukum Volume 6, Nomor 2, Desember 2010
Publisher : Fakultas Hukum Universitas Mulawarman

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The oppressive treatment against indigenous peoples has been occurred already in some aspects such as economic, politic, law, and social and cultural. It becomes ironic because in fact, the indigenous peoples is the largest element for nation-state structure of Indonesia. However, almost in all national politic decisions, the existence of custom communities is not accommodated, or systematically, isolated from the political process or national politic agenda. Considering the product reality of the state law, it is admitted that national politic elites have two faces. They modernize the law but still adore the charm of custom law. The national law already gives a chance for the indigenous peoples and their custom law to be developed in the legislation context. However, this chance is not seriously given because of the assumption that custom law is only decelerating the national progress.

Legal and Problematic Protection of Social Movements to The Tau Taa Wana Indigenous People Muhammad Hatta Roma Tampubolon
Susbtantive Justice International Journal of Law Vol 3 No 2 (2020): Substantive Justice International Journal of Law
Publisher : Faculty of Law, Universitas Muslim Indonesia, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33096/substantivejustice.v3i2.77

Social movements of the legal community of Tau Taa Wana Custom is a struggle to release threats and structural shackles and want recognition of customary (communal) rights that they deserve. This study aims to analyze and explain the factors that led to the birth of the Tau Taa Wana indigenous peoples' social movements. The research design is descriptive qualitative with a case study approach. Research informants as many as 5 people selected purposively. Data collected through observation, in-depth interviews and literature study. the results showed that the social movement of the Tau Taa Wana indigenous people was driven by three determinants namely, the threat of capitalist expansion through an expansion of oil palm plantations, the threat of loss of communal natural resources due to oil palm expansion, the creation of solidarity in maintaining customary rights and local wisdom. It was concluded that Tau Taa Wana customary law community social movements are caused by policy imbalances, weak state protection functions and the lack of state recognition of the existence of Tau Taa Wana indigenous peoples

SOSIALISASI PROBLEMATIKA KEBERADAAN DAN PERLINDUNGAN HAK MASYARAKAT HUKUM ADAT PADA MHA TOPO TARA NGAPA VATUTELA DI NGAPA VATUTELA KELURAHAN TONDO KOTA PALU Muhammad Hatta Roma Tampubolon; Hanifah Dhiyaul Haq; Andi Bustamin Dg Kunu
Jurnal Penyuluhan dan Pemberdayaan Masyarakat Vol. 2 No. 3 (2023): JPPM : Jurnal Penyuluhan dan Pemberdayaan Masyarakat
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jppm.v2i3.485

Perlindungan terhadap hak-hak Masyarakat Hukum Adat (MHA) dalam tataran regulasi nasional telah dijamin oleh konstitusi. Keberadaan Pasal 18 B ayat (2) dan Pasal 28I ayat (3) UUD NRI 1945 serta Undang Undang sektoral (Undang Undang Nomor 5 Tahun 1960 tentang Pokok-Pokok Agraria; Undang Undang Nomor 4 Tahun 2009 tentang Pertambangan, Mineral dan Batubara; Undang Undang Nomor 7 Tahun 2004 tentang Sumber Daya Air; dan Undang Undang terkait lainnya) telah berupaya memberikan pengakuan dan peghormatan terhadap Kesatuan MHA. Fakultas Hukum Universitas Tadulako Palu merasa perlu melakukan pengabdian pada masyarakat dengan tujuan untuk mendistribusikan informasi kepada masyarakat hukum adat (MHA) bahwa masyarakat hukum adat diakui keberadaannya secara yuridis oleh negara, sepanjang tidak bertentangan dengan prinsip-prinsip negara hukum. Pengabdian pada masyarakat ini berlokasi dan bekerjasama dengan MHA Topo Tara Ngapa Vatutela di Ngapa Vatutela Kelurahan Tondo Kecamatan Mantikulore Kota Palu. Metode yang digunakan adalah metode observasi dan sosialisasi. Observasi ini dilakukan untuk memetakan lokasi akan dilaksanakannya sosialisasi. Metode sosialisasi dilakukan dengan memberikan ceramah dan diskusi kepada masyarakat mengenai Problematika Keberadaan Dan Perlindungan Hak Masyarakat Hukum Adat Pada MHA Topo Tara Ngapa Vatutela. Setelah dilakukan sosialisasi masyarakat hukum adat Ngapa Vatutela menjadi lebih memahami bahwa keberadaan dan perlindungan Hak Masyarakat Hukum Adat serta hukum adat-nya merupakan bagian dari hak konstitusional.

Analysis Of The Settlement Of Criminal Offenders Who Possess Drugs Without A License Through Restorative Justice Based On Police Regulation Number 8 Of 2021 Concerning Handling Criminal Acts Based On Restorative Justice Muhammad Hatta Roma Tampubolon; Andi Bustamin Dg. Kunu; Hanifah dhiyanul Haq
JURNAL HUKUM SEHASEN Vol 9 No 2 (2023): Oktober
Publisher : Fakultas Hukum Dehasen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/jhs.v9i2.4991

The Regulation of the National Police of the Republic of Indonesia or often called the National Police Regulation or Perpol on Handling Crimes based on Restorative Justice is a step taken by the National Police in realizing the resolution of criminal acts by prioritizing Restorative Justice which emphasizes restoring back to its original state and balancing the protection and interests of victims and perpetrators of criminal acts that are not oriented towards punishment is a legal necessity in society. The problems in this study are What are the factors that cause the perpetrator to own drugs without a license? How is the process of resolving criminal acts that own drugs without a license through Restorative Justice against criminal offenders who own drugs without a license (Case Study of Police Regulation Number 8 of 2021 concerning Handling Crimes Based on Restorative Justice)? The research methods used are normative juridical approaches and empirical approaches, the data used are secondary data and primary data with qualitative analysis in order to obtain a correct and objective research result.The results of the study are the factors that cause the perpetrator to commit a criminal act of possessing drugs without a license (Case Study of Police Regulation Number 8 of 2021 concerning Handling Crimes Based on Restorative Justice), namely the intention of the perpetrator, Factors of low education, and factors of low morale and religious knowledge, the process of resolving crimes that possess drugs without a license through restorative justice against criminal offenders who possess drugs without a license (Case Study of Police Regulation Number 8 of 2021 concerning Handling Crimes Based on Restorative Justice), namely criminal offenders who possess drugs without a license are carried out as long as they can be categorized as addicts, abusers, victims of abuse, narcotics dependence, & one-day narcotics use as regulated in the Joint Regulation of the Chief Justice of the Supreme Court, Minister of Law and Human Rights, Minister of Health, Minister of Social Affairs, Attorney General, Chief of Police, Head of the National Narcotics Agency Number 01/PB/MA/111/2014, Number 03 of 2014, Number 11 of 2014, Number 03 of 2014, Number Per005/A/JA/03/2014, Number 1 of 2014, Number Perber/01/111/2014/BNN on Handling Narcotics Addicts and Victims of Narcotics Abuse into Rehabilitation Institutions. Restorative Justice can also be applied if it meets the conditions, namely when caught red-handed by Police investigators and / or investigators of the National Narcotics Agency (BNN), evidence of one-day use is found and also has assessment results from the Integrated Assessment Team at each submission of case files, The author's suggestion is that the police, prosecutors, and judiciary should be more careful in providing recommendations for medical rehabilitation to drug abusers.

THE LEGAL CERTAINTY OF COMMUNITY PARTICIPATION RELATED TO MINING ACTIVITIES Muhammad Hatta Roma Tampubolon; Sitti Fatimah Maddusila; Zulkarnain Zulkarnain; Suardi Dg. Mallawa
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 1 (2024): PENA JUSTISIA
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i1.4465

Indonesia is rich in mining resources, which constitute one of the crucial sectors for national development. However, mining activities are not without controversy, particularly regarding community participation in decision-making processes and implementation. Despite existing laws guaranteeing the community's right to participate, their implementation still faces obstacles such as legal uncertainties concerning the mechanisms and procedures for participation, which have not been clearly and comprehensively regulated. The purpose of this research is to examine the legal certainty regarding community participation in mining activities in Indonesia and to identify the problems and challenges faced in its implementation. This study employs normative legal research methods with a legislative and conceptual approach. Data collection techniques are conducted through literature studies, analyzed qualitatively with content analysis, and presented descriptively and analytically. The research findings reveal that legal certainty regarding community participation in mining activities in Indonesia is currently regulated by laws such as the Mineral and Coal Mining Law (UU Minerba) and Government Regulation No. 51/2014, which guarantee the community's right to participate. However, these regulations do not clearly define the mechanisms and procedures, leading to legal uncertainty. The main problems and challenges in implementation include unclear mechanisms and procedures for participation, lack of socialization and transparency of information, low community capacity, weak law enforcement and supervision, and potential conflicts of interest that can hinder effective and sustainable community participation in mining activities.

Indivisibility Principle of Regional Financial Management In Indonesia Ansar; Lasatu, Asri; Bakri, Rahmat; Tampubolon, Muhammad Hatta Roma; Maddusila, Siti Fatimah
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i1.5918

Regional budgets (APBD) have an important role in fulfilling human rights (HAM), but the integration of human rights principles in regional financial management still faces challenges. Separate budget management is contrary to efforts to fulfill human rights comprehensively. This study focuses on aspects of budget policy towards the fulfillment of human rights, especially how the principle of indivisibility as a state obligation is realized in policies and implementation of regional financial policies. This study is a normative legal study with a conceptual and legislative approach. The results of the study indicate that optimal and participatory regional financial planning ensures the fulfillment of basic rights in a comprehensive and interrelated manner, such as the right to health which includes health services, a healthy environment, and social security. The APBN and APBD reflect the sovereignty of the state and the aspirations of the people, with the main goal of achieving community welfare. Budget management must prioritize human rights principles, ensure equality, and integrate economic, social, and cultural rights into policies. Regional governments need to set budget priorities that support the fulfillment of relevant human rights, with the aim of realizing sustainable and equitable development

INDIGENOUS INDIGENOUS PEOPLES AND THEIR LEGAL POSITION IN THE OMNIBUS LAW ON JOB CREATION: The Nature Of Indigenous Peoples Roma Tampubolon, Muhammad Hatta
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i1.6052

Indigenous peoples attach customary rights to themselves, namely rights owned by a legal alliance (such as Lipu, Boya, Ngata, Banua, etc.), where the citizens of the community (the legal alliance) has the right to control the land, the implementation of which is regulated by the head of the guild (the chief/village head concerned). Based on this right, the customary rights of indigenous peoples are basic rights inherent in the life of these people that are not a gift from the state. It is the same with the basic rights inherent in every human being, for example the right to life, which is not a gift of the state. Its legal position in the Job Creation Law which has the Character of omnibus law through juridical studies with a philosophical approach, conceptual approach, and a statutory approach. The right of indigenous peoples which is essentially the right to the value of justice and welfare value to the use of natural resources of indigenous peoples who not yet the maximum expected in the job creation law can provide justice and welfare for indigenous peoples over exploited customary territories. The logical consequence of the global trend and the strengthening of the ideology of neo-liberalism today is the emergence of a critique of the state welfare system that is seen as no longer appropriately applied as an approach in development of a country. The state welfare system is undergoing reformulation and adjustment in line with the demands of change, but it is very wrong to assume that the welfare of the state has met the end of its history. Therefore, the central government and local governments together with indigenous peoples to be able to open up and work hard to invite investors to invest in the regions and its territory, as the spirit of the job creation law, because the existence of investment strongly supports the running of the economy, but still pays attention to the rights of the MHA, namely: Rights on Land and Natural Resources (Customary Forests), The Right to Culture, The Right To Self-Determination, The Right To Free, Prior, Informed, Consend (FPIC).

Legal and Problematic Protection of Social Movements to The Tau Taa Wana Indigenous People Tampubolon, Muhammad Hatta Roma
Susbtantive Justice International Journal of Law Vol 3 No 2 (2020): Substantive Justice International Journal of Law
Publisher : Faculty of Law, Universitas Muslim Indonesia, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33096/substantivejustice.v3i2.77

Social movements of the legal community of Tau Taa Wana Custom is a struggle to release threats and structural shackles and want recognition of customary (communal) rights that they deserve. This study aims to analyze and explain the factors that led to the birth of the Tau Taa Wana indigenous peoples' social movements. The research design is descriptive qualitative with a case study approach. Research informants as many as 5 people selected purposively. Data collected through observation, in-depth interviews and literature study. the results showed that the social movement of the Tau Taa Wana indigenous people was driven by three determinants namely, the threat of capitalist expansion through an expansion of oil palm plantations, the threat of loss of communal natural resources due to oil palm expansion, the creation of solidarity in maintaining customary rights and local wisdom. It was concluded that Tau Taa Wana customary law community social movements are caused by policy imbalances, weak state protection functions and the lack of state recognition of the existence of Tau Taa Wana indigenous peoples

Legislation Policy to the Elimination of Minimal Capital Legal Entities for Limited Liability Companies Roma, Muhammad Hatta; Miqat, Nurul; Purnamasari, Andi Intan; Syamsuddin, Adiesty Septhiany Prihatiningsih; Patila, Manga
Amsir Law Journal Vol 2 No 2 (2021): April
Publisher : Faculty of Law, Institut Ilmu Sosial dan Bisnis Andi Sapada.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36746/alj.v2i2.39

The purpose of this study is to analyze the factors that hinder the implementation of government policies against the elimination of minimal capital of legal entities as an effort to develop MSME to improve the regional economy in Palu of Central Sulawesi. This research was an empirical research method using a qualitative descriptive approach. The results showed the factors inhibiting the implementation of government policy on the elimination of minimal capital of legal entity making is the lack of information about Government Regulation Number 29 of 2016 concerning Changes in The Basic Capital of The Establishment of Limited Liability Companies, Constraints on the requirements of making Limited Liability Companies both due to large capital constraints for the manufacture of Limited Liability Companies and Due to Administrative System Constraints that are quite difficult, and the latter is the Orientation of Individualist Thinking.

Can Crowdsourcing Revolutionize Constitutional Amendments in Indonesia? A Comparative Study of International Experiences Nggilu, Novendri; Ramdhan Kasim; Evi Noviawati; Andi Inar Sahabat; Tampubolon, Muhammad Hatta Roma
Indonesian State Law Review Vol. 8 No. 1 (2025): Indonesian State Law Review, April 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/islrev.v8i1.20618

In the context of improving political systems and democracy, public participation in constitutional amendments has become increasingly important, but is often limited by existing mechanisms. In response to these limitations, Iceland and Estonia have implemented crowdsourcing models to engage the public in their constitutional amendment processes. This research aims to analyze the successes, challenges and potential of crowdsourcing in constitutional amendment, with a comparison between Iceland and Estonia, and its relevance for Indonesia. The findings show that while crowdsourcing has been successful in increasing public participation and transparency, significant challenges related to inequality in access to technology and the quality of public input remain. The novelty of this research lies in identifying the factors that influence the effectiveness of crowdsourcing in constitutional reform, as well as proposing an adaptation model for Indonesia that takes into account its social diversity and existing digital infrastructure. The research suggests that for the successful implementation of crowdsourcing in Indonesia's constitutional amendment, efforts are needed to create a more inclusive system and address existing digital inequalities.

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