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All Journal Jurnal Dinamika Hukum Humano: Research Journal ETNOHISTORI: Jurnal Kebudayaan dan Kesejarahan AMANNA GAPPA Pena Justisia: Media Komunikasi dan Kajian Hukum Jurnal Pendidikan dan Konseling Journal of Social Science LEGAL BRIEF Risalah Hukum International Journal on Food, Agriculture and Natural Resources (IJFANRES) SENTRI: Jurnal Riset Ilmiah Jurnal Indonesia Sosial Sains Journal of Global Pharma Technology Journal of Social Science Ranah Research : Journal of Multidisciplinary Research and Development Jurnal Dinamika Hukum
Husen Alting
Universitas Khairun
Religion Aerospace Engineering Agriculture, Biological Sciences & Forestry Arts Humanities Astronomy Biochemistry, Genetics & Molecular Biology Chemical Engineering, Chemistry & Bioengineering Chemistry Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Earth & Planetary Sciences Economics, Econometrics & Finance Education Energy Environmental Science Immunology & microbiology Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Materials Science & Nanotechnology Mathematics Medicine & Pharmacology Neuroscience Physics Public Health Social Sciences Transportation Other

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KOEKSISTENSI DAN PERLINDUNGAN MASYARAKAT ADAT O'HONGANA MANYAWA DI WILAYAH PERTAMBANGAN NIKEL Alting, Husen; Sinay, Siti Barora; Alwan, Sultan
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.5532

Abstract

Nickel mining in Halmahera, especially in Central Halmahera and East Halmahera Regencies, makes a major contribution to the national economy through the downstreaming of strategic minerals. However, these activities have serious impacts on the forest ecosystem and the lives of the O'Hongana Manyawa indigenous people, which relies heavily on their living space for cultural sustainability and livelihoods. This research aims to analyze the co-existence between mining activities and the protection of indigenous communities, with a focus on the legal framework, evaluation of protection practices. The research uses empirical legal methods through in-depth interviews, field observations, and secondary document studies. The research results show that the overlap of mining concession areas with the living spaces of indigenous communities causes environmental damage, social marginalization and loss of cultural identity. Existing regulations, such as AMDAL, do not fully protect the rights of indigenous peoples because their implementation is weak. Therefore, a more balanced approach is needed, such as recognition of traditional territories, application of the principles of Free, Prior and Informed Consent (FPIC), as well as empowerment programs based on local culture. In conclusion, protection of indigenous communities must be a priority to ensure social, cultural and ecological sustainability amidst industrial development.
Status Hukum Tanah Bekas Hak Guna Bangunan yang Tidak Diperpanjang dalam Perspektif Pemanfaatan Aset Negara (Studi Kasus Lahan Pelabuhan Sofifi) Pradana, Risky Herduiva; Alting, Husen; Sinay, Siti Barora
SENTRI: Jurnal Riset Ilmiah Vol. 5 No. 2 (2026): SENTRI : Jurnal Riset Ilmiah, Februari 2026
Publisher : LPPM Institut Pendidikan Nusantara Global

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55681/sentri.v5i2.5729

Abstract

This research aims to analyze the control of former Building Use Right (Hak Guna Bangunan/HGB) land owned by PT. Darko Modul & Timber whose term has expired and was not extended according to the Indonesian land law framework, as well as to examine the legal construction required to provide legal certainty over the status of such land so that it may be utilized as a State Asset (State-Owned Property), with a case study of the Sofifi Port land. This research employs an empirical legal research method with a qualitative approach. Empirical legal research is conducted to examine the implementation of law in practice (law in action) by analyzing how land law regulations and state asset management norms are applied in reality. The data used in this research consist of primary data obtained through interviews with relevant stakeholders and secondary data derived from laws and regulations, court decisions, legal doctrines, and related legal literature. The results of this research indicate that the expiration of the Building Use Right without extension results in the termination of the right by operation of law, and consequently, the land reverts to land directly controlled by the state. This legal consequence is further affirmed by the Decision of the Soasio District Court Number 16/Pdt.G/2025/PN Sos, which declares that the rights of PT. Darko Modul & Timber over the disputed land have been extinguished and that the former Building Use Right Land Number 01 of 1985 constitutes state land. However, although the court decision has provided normative and judicial legal certainty, legal certainty from the perspective of land administration law has not yet been fully realized, as it has not been followed by administrative actions in the form of state land designation and registration of the land as State-Owned Property. Therefore, an integrative legal construction through land administration and state asset management mechanisms is required to ensure that the utilization of the land for public purposes, particularly as the Sofifi Port, is supported by clear legal status and provides legal protection for all parties involved.
Breaking the Cycle: Reforming Indonesia’s Justice System to Prioritize Victim-Centered Solutions Amriyanto, Amriyanto; Alting, Husen; Bakhtiar, Handar Subhandi; Putra, Grahadi Purna
Jurnal Dinamika Hukum Vol 24 No 3 (2024)
Publisher : Faculty of Law Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2024.24.3.15577

Abstract

The article attempts to look at the location and role of victims of crime in the criminal justice system and how the system is manipulated to corner the victims and offer solutions to the victims' problems. The Indonesian criminal justice system places the position of criminal victims as no more than those who assist law enforcement in uncovering crimes. The obstacle that the victim encounters in the criminal justice system is that the victim is only used as an object of evidence alone, not to mention if there is a blacklash from the perpetrator to the perpetrator who goes to jail only for penance. The application of restorative justice is one of the best solutions to how the criminal justice system is run. Involving victims and perpetrators and their families in a balanced and fair way as well as meeting the needs of the victims adapted to the perpetrators' ability to be responsible reflects the kinship character of the kinship culture of the Indonesian people.
Co-Authors Abd Kadir, Mirnawati Abdul Rifai Alaudin, Rusdin Albugis, Wita Alimudin Boly Amriyanto Andi Sumar Karman Andi Sumar Karman Angela Wulansari angela wulansari Anshar Anshar Aprizal Midu Arilaha, Muhammad Asril Ayni, Nurul Baharuddin Baharuddin Erwin Ismanto Grahadi Purna Putra Hamidin Rasulu Handar Subhandi Bakhtiar Irfan Ahmad Johan Fahri Johan Fahri Kharie, Maharani Magfira Marini Abdullah Masrida Masrida mohamad jamil Nahu Daud Nahu Daud Nurhasanah, Nurhasanah Nurlaila Kadarwati Papuluwa Nurul Ayni Pradana, Risky Herduiva Rina Wahyuni Rusdin Alauddin Rusdin Alauddin Rusdin Alauddin Rusdin Alauddin Rusdin Alauddin . Sinay, Siti Barora Siswahyudianto Sultan Alwan Suryati Tjokrodiningrat Suwarti Suwarti Suwarti Suwarti Suwito Suwito