Claim Missing Document
Check
Articles

Penyuluhan Hukum Tentang Penyelesaian Sengketa Tanah Ulayat Melalui Jalur Non Litigasi Di Kampung Nolokla Distrik Sentani Timur Kabupaten Jayapura James Yoseph Palenewen; Daniel Tanati; Yustus Pondayar; Frans Reumi; Eddy Pelupessy; Melkias Hetharia; Marthinus Solossa; Marthinus Mambaya; Farida Kaplele; Sara Ida Magdalena Awi; Karel V. H. Baransano; Margaretha G. M. I. Mamoribo; Dahliana Ketaren; Budiyanto; Dian Rahadian; Decky D. A. Wospakrik; Nur Asmarani; Hotlarisda Girsang; Thresia Hilda M. Y. Krey
AMMA : Jurnal Pengabdian Masyarakat Vol. 4 No. 8 : September (2025): AMMA : Jurnal Pengabdian Masyarakat
Publisher : CV. Multi Kreasi Media

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

Abstract

This community service is carried out with the title Legal Counseling on the Settlement of Customary Land Disputes Through Non-Litigation Paths in Nolokla Village, East Sentani District, Jayapura Regency, this activity is carried out to partners due to cases from partners regarding misunderstanding regarding the settlement of customary land disputes based on applicable laws and regulations in order to obtain legal certainty and where the disputing parties do not want to give in or want to win alone so that with the expertise possessed by the servant can carry out legal counseling so that the disputing parties both win or win-win solution. The method of implementing this community service is carried out through lectures and discussions held on Saturday, May 31, 2025 which was held in Nolokla Village, East Sentani District, Jayapura Regency by providing knowledge to partners regarding the resolution of land disputes in general there are two types, namely dispute resolution through Litigation and Non-Litigation to obtain legal certainty, this activity begins with preparation and coordination, then presentation of material on how to resolve customary land disputes based on applicable laws and regulations. The output of this service is to provide partners with an understanding of how to resolve disputes through non-litigation channels along with the advantages and disadvantages of resolving such disputes and also provide legal assistance to partners to resolve cases related to customary land disputes.
Penyuluhan Hukum Peraturan Daerah Khusus Provinsi Papua Nomor 23 Tahun 2008 Tentang Hak Ulayat Masyarakat Hukum Adat Dan Hak Perorangan Warga Masyarakat Hukum Adat Atas Tanah Di Kampung Asei Besar Distrik Sentani Timur Kabupaten Jayapura Sella Petrix Pelupessy; Berd Elkiopas Pelupessy; Y. D. W. Susi Irianti; Eddy Pelupessy; Marthinus Solossa; Nur Asmarani; James Yoseph Palenewen; Lena Claudia Angwarmasse; Evi Selviani; Vivilia Agnata Mudi; Dwight Nusawakan; Firman
AMMA : Jurnal Pengabdian Masyarakat Vol. 4 No. 9 : Oktober (2025): AMMA : Jurnal Pengabdian Masyarakat
Publisher : CV. Multi Kreasi Media

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

Abstract

This community service was carried out with the title of Legal Counseling on the Special Regional Regulation of Papua Province Number 23 of 2008 Concerning the Customary Rights of Customary Law Communities and the Individual Rights of Customary Law Community Members to Land in Asei Besar Village, East Sentani District, Jayapura Regency, this activity was carried out for partners due to cases from partners regarding their lack of understanding regarding the resolution of customary land disputes based on applicable laws and regulations in order to obtain legal certainty and where the disputing parties do not want to give in or want to win alone so that with the expertise possessed by the servants, they can carry out legal counseling so that the disputing parties both win or achieve a win-win solution. The method of implementing this community service is carried out through lectures and discussions held on Saturday, August 30, 2025, which was held in Asei Besar Village, East Sentani District, Jayapura Regency by providing knowledge to partners regarding land dispute resolution in general there are two types, namely dispute resolution through Litigation and Non-Litigation to obtain legal certainty, this activity begins with preparation and coordination, then presentation of material on how to resolve customary land disputes based on applicable laws and regulations. The output of this community service is to provide an understanding to partners about how to resolve disputes through Non-Litigation channels along with the advantages and disadvantages of resolving these disputes and also provide legal assistance to partners to resolve cases related to customary land disputes.
Borrowing and Lending Procedures with Fiduciary Guarantee at the Mega Buana Makmur Savings and Loans Cooperative in Jayapura City Biloka Tanggahma; James Yoseph Palenewen
LAW & PASS: International Journal of Law, Public Administration and Social Studies Vol. 3 No. 1 (2026): April
Publisher : PT. Multidisciplinary Press Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47353/lawpass.v3i1.111

Abstract

This study aims to determine the lending and borrowing procedures with fiduciary guarantees at the Mega Buana Makmur Savings and Loans Cooperative (KSP) in Jayapura City and to determine the problems that arise in the implementation of lending and borrowing agreements with fiduciary guarantees at the Mega Buana Makmur Savings and Loans Cooperative (KSP) in Jayapura City. The method used in this study is normative and empirical juridical, namely reviewing the laws and regulations including the 1945 Constitution of the Republic of Indonesia, the Civil Code, Law Number 25 of 1992 concerning Cooperatives, Government Regulation Number 9 of 1995 concerning the Implementation of Savings and Loans Business Activities by Cooperatives, and Law Number 42 of 1999 concerning Fiduciary Guarantees as well as seeing the reality that occurs in the field. The results of this study reveal that the implementation of lending and borrowing with fiduciary guarantees at the Mega Buana Makmur Savings and Loans Cooperative (KSP) is through the formation of a lending and borrowing agreement and a fiduciary burden agreement and the problems that arise in the implementation of the lending and borrowing agreement with fiduciary guarantees at the Mega Buana Makmur Savings and Loans Cooperative (KSP) are the existence of default (defective performance), where the Debtor does not keep his promise to the Creditor as agreed by both parties in the credit agreement.
The Role of Village Heads in Resolving Customary Land Disputes in Nendali Village East Sentani District Jayapura Regency Marthinus Solossa; James Yoseph Palenewen
LAW & PASS: International Journal of Law, Public Administration and Social Studies Vol. 2 No. 2 (2025): June
Publisher : PT. Multidisciplinary Press Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47353/lawpass.v2i2.80

Abstract

This study aims to determine the role of the village head in resolving customary land disputes in Nendali Village, East Sentani District, Jayapura Regency and to determine the obstacles experienced by the village head in resolving customary land disputes in Nendali Village, East Sentani District, Jayapura Regency. The method used in this study is normative and empirical juridical, namely an approach that refers to legal norms contained in laws and regulations, library materials, written regulations or other secondary legal materials and also sees the reality that occurs in the field. The results of this study reveal that the role of the village head in resolving customary land disputes in Nendali Village, East Sentani District, Jayapura Regency is very important in relation to the rights and obligations in the life of his customary community where a village head is required to be able to play an active role in holding his leadership so that he can organize the community properly, safely and orderly, if there is a problem or dispute that occurs among his customary community, the village head as a mediator to resolve the problem or dispute, acts to restore peace in his customary community and the factors that cause customary land disputes in Nendali Village, East Sentani District, Jayapura Regency, namely the overlapping ownership of customary land, whether the land is used for personal use such as a place to live or shelter or the land is used in groups or together such as a place to farm and graze livestock, where fellow customary communities claim that it is their land while the other party also states that the land is theirs, then the customary land dispute occurs.
Legal Protection of Geographical Indications in Jayapura City Y.D.W Susi Irianti; James Yoseph Palenewen
LAW & PASS: International Journal of Law, Public Administration and Social Studies Vol. 2 No. 2 (2025): June
Publisher : PT. Multidisciplinary Press Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47353/lawpass.v2i2.81

Abstract

This study aims to determine, analyze and explain the mapping of geographical indications in Jayapura City and legal protection of Papuan Geographical Indications in Jayapura City. The type of research used is empirical legal research because it is based on the idea that law is inseparable from the lives of its people in the form of values and attitudes/behaviors carried out so that in the view of empirical science, a normative approach to studying problems related to the protection of geographical indications in Jayapura City Papua is how the law is in reality in people's lives. The results of this study reveal that efforts to map geographical indications are carried out to determine the limits of cases of violation of geographical indications so that holders of geographical indication rights can file lawsuits against users of geographical indications without rights, in the form of compensation payments and termination. Use and destruction of geographical indication labels used without rights through registration and publication. Geographical indications are protected as long as the reputation, quality and characteristics that are the basis for granting geographical indication protection to an item are maintained. And protection will be removed if these provisions are not met, and/or are contrary to state ideology, legislation, morality, religion, decency and public order. While legal protection of geographical indications can be carried out in preventive and repressive forms. Preventive means preventive measures through refusal of registration and repressive payment of compensation.
Legal Analysis of the Sale and Purchase of Customary Land Rights in the Sentani Tribe Customary Law Community in Jayapura Regency James Yoseph Palenewen
LAW & PASS: International Journal of Law, Public Administration and Social Studies Vol. 2 No. 6 (2026): February
Publisher : PT. Multidisciplinary Press Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47353/lawpass.v2i6.109

Abstract

This study aims to determine the sale and purchase of customary land rights in the Sentani Tribe customary law community in Jayapura Regency and to determine the legal protection for buyers in the sale and purchase of customary land rights in the Sentani Tribe customary law community in Jayapura Regency. The method used in this study is empirical juridical, empirical juridical is a field research by identifying and conceptualizing law as a real and functional social institution in the real life system. The results of this study reveal that the sale and purchase of customary land rights in the Sentani Tribe customary law community in Jayapura Regency must obtain approval from the Ondoafi/Customary Leader who has authority over the land, and attended by witnesses, namely the indigenous people, in addition to the sale and purchase agreement must be ratified by the Sentani Tribe Customary Council, which has the function of holding customary trials to make decisions based on deliberation by means of negotiation and mediation. The decisions taken by the Customary Council must be obeyed by the parties concerned and on the basis of customary governance in accordance with customary law. Meanwhile, legal protection for buyers in the sale and purchase of customary land rights in the Sentani Tribe customary law community in Jayapura Regency is that the parties concerned, both the seller and the buyer, come to the Village or Sub-district Office to make an agreement to measure the land to be sold and the Village Head or Sub-district Head and village officials as witnesses that the sale and purchase has taken place, in addition to that, the land is also immediately registered with the National Land Agency by bringing a customary release letter and other requirements needed for administrative purposes in order to obtain legal certainty and legal protection.
THE REPEAL OF ARTICLE 28 OF THE PAPUA SPECIAL AUTONOMY LAW AND THE ISSUE OF POLITICAL REPRESENTATION FOR INDIGENOUS PAPUANS Lily Bauw; James Yoseph Palenewen
SIBATIK JOURNAL: Jurnal Ilmiah Bidang Sosial, Ekonomi, Budaya, Teknologi, Dan Pendidikan Vol. 5 No. 7 (2026)
Publisher : Penerbit Lafadz Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47353/sibatik.v5i7.5304

Abstract

The amendment of Law Number 21 of 2001 via Law Number 2 Tahun 2021 repealed Article 28 paragraphs (1) and (2), which previously provided a framework for strengthening the political representation of Indigenous Papuans (OAP) within the Papua Special Autonomy (Otsus Papua) regime. This amendment signifies a shift in the legal-political design of Papua’s Special Autonomy, particularly regarding the regulation of OAP political representation as a component of Papua's asymmetric autonomy. This article examines the status of Article 28 within the design of OAP political representation and the constitutional implications of its repeal for Indonesia's constitutional system. This study employs normative legal research utilizing statutory, conceptual, and historical approaches. The findings indicate that Article 28 held a constitutional status as an instrument of constitutional recognition and affirmative governance within the Papua asymmetric autonomy regime. The repeal of Article 28 paragraphs (1) and (2) reflects a shift in the state's legal-political stance from an affirmative approach toward the harmonization of a more uniform national political system. This change results in a narrowing of the scope for affirmative political representation for OAP and a reduction in the asymmetric nature of Papua’s Special Autonomy in the political sphere. Although political protections for OAP have not been entirely eliminated, the repeal of Article 28 nonetheless demonstrates a restructuring of the design for OAP political representation within Indonesia's constitutional system.
Co-Authors Abda Abda Angwarmasse, Lena Claudia Biloka Tanggahma Budiyanto Budiyanto Dahliana Ketaren Daniel Tanati Daniel Tanati Daniel Tanati Daniel Tanati Decky D. A. Wospakrik Decky D. A. Wospakrik Dian Rahadian Dwight Nusawakan Eddy - Pelupessy Eddy Pelupessy Edwin Warwer Elias Hence Thesia Elsyan Rienette Marlissa Evi Selviani Farida Kaplele Farida Kaplele, Farida Firman Frans Reumi Frans Reumi Frans Reumi, Frans Herry M. Polontoh Hetharia, Melkias Hotlan Samosir Hotlarisda Girsang Irianti, Y.D.W Susi Ivone Maryke Thesia Johan Rongalaha Johan Rongalaha Johan Rongalaha Kadir Katjong Karel V. H. Baransano Ketaren, Dahliana Krey, Thresia Hilda M.Y. Kristina Sawen Lena Claudia Angwarmasse Lily Bauw Lily Bauw M. Polontoh, Herry Mamoribo, Margaretha G.M.I Manengkey, Victor Th Manengkey, Victor Th. Margaretha G. M. I. Mamoribo Marthinus Mambaya Marthinus Solossa Marthinus Solossa Marthinus Solossa Melkias Hetharia Muannif Ridwan Nur Asmarani Nur Asmarani, Nur Nurwijayanti Onesimus Sahuleka Onesimus Sahuleka Pelupessy, Sella Petrix Pondayar, Yustus pondayar, yustus Reumy, Ludia Jemima I.R. Ringgi, Deppa Rongalaha, Johan Sahuleka, Onesimus Samosir , Rendra Christian Samosir, Rendra Christian Sara Ida Magdalena Awi Sella Petrix Pelupessy Selviana, Evi Silvester Magnus Loogman Palit Simanjuntak, Ayub Jose Luhut Parulian Sobardo Hamonangan Solossa, Marthinus Supriyanto Hadi Supriyanto Hadi Supriyanto Hadi, Supriyanto Tanati, Daniel Tanggahma, Biloka Thresia Hilda M. Y. Krey Tom Alfa Samuel Reumi Usman Jayadi Victor Th Manengkey Victor Th. Manengkey Victor Th. Manengkey Vivilia Agnata Mudi William Hendrik Reba Wulandari S, Lestari Y. D. W. Susi Irianti Y.D.W Susi Irianti Yafeth Bano Yusak Elisa Reba Yustus Pondayar yustus pondayar