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All Journal Jurnal hukum IUS PUBLICUM Sibatik Journal : Jurnal Ilmiah Bidang Sosial, Ekonomi, Budaya, Teknologi, Dan Pendidikan Jurnal Pengabdian Papua JOMPA ABDI: Jurnal Pengabdian Masyarakat Journal of Law, Poliitic and Humanities Nanggroe: Journal Of Scholarly Service Jurnal Pengabdian Masyarakat Bangsa International Journal of Multidisciplinary Approach Research and Science Journal of Progressive Law and Legal Studies BULLET : Jurnal Multidisiplin Ilmu AMMA : Jurnal Pengabdian Masyarakat Nanggroe: Journal of Scholarly Service MILRev: Metro Islamic Law Review Socius: Social Sciences Research Journal Jurnal Pengabdian Sosial LAWPASS
James Yoseph Palenewen
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Penyelesaian Sengketa Tanah Ulayat antara Masyarakat Kampung Kaptiau dan Kampung Mawesday di Kabupaten Sarmi Palenewen, James Yoseph
Socius: Jurnal Penelitian Ilmu-Ilmu Sosial Vol 1, No 3 (2023): Oktober
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This research aims to determine the factors that give rise to customary land disputes between the people of Kaptiau village and Mawesday village, and also to find out the form of resolution of customary land disputes through customary law among the people of Kaptiau village and Mawesday village. The approach method used in this research is a normative and empirical juridical approach, namely an approach that refers to laws, library materials, written regulations or other secondary legal materials, and to see how they are implemented through field research. or the reality that occurs at the research location. The results of this research reveal that the dispute that occurred between the people of Kaptiau village and Mawesday village began when a timber company wanted to build an oil tank in Kaptiau village, but the residents of Mawesday village claimed that the land to be built was still part of the community's customary rights. Mawesday village does not belong to Kaptiau village, so there were road blockades and clashes between the two villages, resulting in injuries caused by sharp weapons to residents of both villages. In resolving the customary land dispute between Kaptiau village and Mawesday village which has led to clashes and resulted in residents being injured due to sharp weapons from the two villages, the authorities (police) act as mediators or third parties whose job is only to assist the disputing parties in resolving the problem and did not have the authority to make decisions, with the presence of the tribal heads of the two villages to help resolve the problems that occurred regarding customary land.
Settlement of Customary Law Community Land Disputes in Byosi Village Keerom Regency Perspective of Regulation of the Minister of State for Agrarian Affairs/KBPN Number 5 of 1999 James Yoseph Palenewen
Journal of Law, Politic and Humanities Vol. 4 No. 3 (2024): (JLPH) Journal of Law, Politic and Humanities (March - April 2024)
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v4i3.360

Abstract

Customary land disputes occur in customary law communities in Byosi village, Keerom Regency, where customary land ownership often overlaps in the same location or place and can be owned by two or more people. This is what causes problems and there are disputes over customary land between customary law communities. The aim of this research is to determine the resolution of disputes over overlapping customary land ownership among customary law communities in Byosi Village, Keerom Regency. This research method is normative juridical and empirical, a research method that refers to legal norms contained in statutory regulations, library materials, written regulations or other legal materials that are secondary in nature and also realities that occur in the midst of Byosi traditional law community, Keerom Regency. The results of this research reveal that the resolution of disputes over overlapping customary land ownership in Byosi Village was carried out using deliberation which was chosen because it suited the character and way of life of the traditional law community in Byosi Village which was familial in nature, compared to resolving disputes through court institutions which tended to be confrontational in nature. , takes more into account winning and losing, takes into account more realistic aspects and ignores the social elements in traditional communities which are familial in nature.
Reconciliation of Human Rights, Positive Law, and Siyasah Syar'iyyah: An Innovative Approach to Addressing Human Rights Issues in the Contemporary Era Muannif Ridwan; Usman Jayadi; Sobardo Hamonangan; Daniel Tanati; James Yoseph Palenewen
MILRev: Metro Islamic Law Review Vol. 4 No. 1 (2025): MILRev: Metro Islamic Law Review
Publisher : Faculty of Sharia, IAIN Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/milrev.v4i1.10433

Abstract

This study explores the reconciliation of Human Rights, positive law, and siyasah syar‘iyyah as an innovative approach to addressing contemporary human rights challenges. The tension between the universal norms of human rights and Islamic law often becomes a focal point in global discourse, particularly in countries with Muslim-majority populations. Using a qualitative-descriptive approach and normative analysis, this research examines the convergence and potential integration points among these three pillars. The goal is to develop a legal framework that is more holistic, just, and contextually grounded. The findings reveal that through epistemological dialogue and the contextual reinterpretation of religious texts, siyasah syar‘iyyah can bridge the principles of Sharia and modern human rights values. Meanwhile, positive law—as a state instrument—can accommodate transcendent values of justice, provided it is formulated with sensitivity to society's social, cultural, and religious dynamics. This study recommends an inclusive legislative model and a humanistic approach to interpreting religious texts to strengthen legal legitimacy and the protection of human rights. The academic contribution of this research lies in developing an integrative approach that systematically unites three bodies of knowledge: human rights theory, modern legal theory, and the thought of siyasah syar‘iyyah. The conceptual framework is a normative and practical model for inclusive and just legal policymaking.
LEGAL PROTECTION FOR HEIRS REGARDING INHERITANCE OF LAND OWNERSHIP RIGHTS THAT HAVE NOT BEEN REGISTERED AT THE JAYAPURA REGENCY LAND OFFICE Solossa, Marthinus; Yoseph Palenewen, James; Tanati, Daniel
SIBATIK JOURNAL: Jurnal Ilmiah Bidang Sosial, Ekonomi, Budaya, Teknologi, Dan Pendidikan Vol. 4 No. 10 (2025)
Publisher : Penerbit Lafadz Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/sibatik.v4i10.3634

Abstract

The research, entitled "Legal Protection for Heirs of Land Ownership Rights Not Registered at the Jayapura Regency Land Office," aims to determine the legal consequences of land ownership transfers due to unregistered inheritances at the Jayapura Regency Land Office and to determine the legal protection for heirs of unregistered inheritances. The methods used in this research are normative and empirical juridical. Normative juridical refers to an approach that refers to laws, literature, written regulations, or other secondary legal materials. Empirical juridical identifies and conceptualizes law as a real and functional social institution within the real-life system. The output of this research is to contribute legal thought and knowledge to the National Land Agency (BPN) and the community in Jayapura Regency regarding the importance of land ownership transfers due to inheritance to ensure legal certainty and orderly land law administration.
Co-Authors Agnata Mudi, Vivilia Angwarmasse, Lena Claudia BUDIYANTO Claudia Angwarmasse, Lena D. W. Susi Irianti, Y. Daniel Tanati Daniel Tanati Daniel Tanati Decky D. A. Wospakrik Dian Rahadian Eddy - Pelupessy Eddy PELUPESSY, Eddy Edwin Warwer Elias Hence Thesia Elkiopas Pelupessy, Berd Farida Kaplele, Farida Firman Frans Reumi Frans Reumi, Frans G. M. I. Mamoribo, Margaretha Herry M. Polontoh Hetharia, Melkias Hilda M. Y. Krey, Thresia Hotlan Samosir Hotlarisda Girsang Ida Magdalena Awi, Sara Irianti, Y.D.W Susi Ivone Maryke Thesia Johan Rongalaha Johan Rongalaha Johan Rongalaha Kadir Katjong Ketaren, Dahliana Krey, Thresia Hilda M.Y. Kristina Sawen Lily Bauw M. Polontoh, Herry Mamoribo, Margaretha G.M.I Manengkey, Victor Th Manengkey, Victor Th. Marlissa, Elsyan R. Marthinus Mambaya Marthinus Solossa Muannif Ridwan Nur Asmarani Nur Asmarani, Nur Nusawakan, Dwight Onesimus Sahuleka Onesimus Sahuleka Pelupessy, Berd Elkiopas Pelupessy, Sella Petrix Petrix Pelupessy, Sella Pondayar, Yustus pondayar, yustus Reumy, Ludia Jemima I.R. Ringgi, Deppa Rongalaha, Johan Sahuleka, Onesimus Samosir , Rendra Christian Samosir, Rendra Christian Selviana, Evi Selviani, Evi Silvester Magnus Loogman Palit Simanjuntak, Ayub Jose Luhut Parulian Sobardo Hamonangan Solossa, Marthinus Supriyanto Hadi Supriyanto Hadi Supriyanto Hadi, Supriyanto Susi Irianti, Y.D.W Tanati, Daniel Tanggahma, Biloka Tom Alfa Samuel Reumi Usman Jayadi V. H. Baransano, Karel Victor Th Manengkey Victor Th. Manengkey Victor Th. Manengkey William Hendrik Reba Wulandari S, Lestari Yafeth Bano Yusak Elisa Reba Yustus Pondayar