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All Journal JURNAL ILMU EKONOMI & SOSIAL Gorontalo Law Review Jurnal Hukum Volkgeist Musamus Law Review Jurnal Restorative Justice Al-Adalah: Jurnal Hukum dan Politik Islam Jurnal Akuntansi Universitas Muhammadiyah Kupang
Erni Dwita Silambi
Fakultas Hukum Universitas Musamus, Merauke
Arts Humanities Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Legal Study of Electricity Extension By PT. State Electricity Company In Merauke District Erni Dwita Silambi; Nurwita Ismail
Musamus Law Review Vol 3 No 1 (2020): MuLaRev
Publisher : Faculty of Law, Musamus University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35724/mularev.v3i1.3382

Abstract

PT. PLN as one of the business actors and also as a State-owned business entity should be able and as much as possible to provide electricity evenly and quality to its consumers. But in reality the community is still faced with various problems in the field of electricity. The method used in this study is the library method and field method. library method by reading books, journals and other literature while the field data is obtained by going down to the field to retrieve data then the data analyzed using qualitative methods will then be presented descriptively. The results of this study are PT PLN Merauke trying to provide electricity supply according to the needs of the community however, PLN is also forced to take turns by blackouts at certain times because they have to carry out maintenance and rejuvenation of the machines that have also replaced old electricity poles, but if there is a rotating power outage, PLN always announces the outage through social media. and also through RRI. People as electricity users have not been active and tend to accept and be quiet if they feel disadvantaged by a power outage.
Menakar Keselarasan Hukum Nasional Terhadap Instrumen Internasional Dalam Pemenuhan Hak Access To Justice Masyarakat Adat Yuldiana Zesa Azis; Marlyn Jane Alputila; Emiliana Bernadina Rahail; Nasri Wijaya; Ahmad Ali Muddin; Erni Dwita Silambi
Jurnal Restorative Justice Vol. 10 No. 1 (2026): Jurnal Restorative Justice
Publisher : Universitas Musamus

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35724/jrj.v10i1.7811

Abstract

Indigenous peoples in Indonesia systematically face normative and structural barriers that trigger the marginalization of their living spaces and the failure to fulfill their right to justice. This study aims to assess the degree of alignment between national regulations and international instruments, particularly the 2007 United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), regarding the right to access to justice for indigenous peoples, while mapping the normative barriers in domestic agrarian disputes. The research method employed is normative juridical, utilizing statutory, comparative, and conceptual approaches. The results demonstrate a sharp paradigm misalignment. UNDRIP promotes the recognition of inherent rights (sui generis) and the principle of Free, Prior, and Informed Consent (FPIC). Conversely, Indonesian positive law is characterized by state-centered positivism (positivisme etatis), which reduces customary land rights (hak ulayat) to state-granted rights through restrictive administrative prerequisites via Regional Regulations (Peraturan Daerah). At the judicial level, civil procedural law is highly formalistic-positivistic, elevating written evidence (Article 1867 of the Indonesian Civil Code) and thereby sidelining customary evidence based on oral traditions or natural boundaries. This condition is exacerbated by contemporary regulations, such as the Job Creation Law through the Land Bank institution and the New Criminal Code, which escalate conflicts and structural criminalization, as seen in Rempang Island and Nangahale. The prolonged delay in enacting the Indigenous Peoples Bill creates an absolute norm vacuum that perpetuates a pseudo formalistic-procedural justice. Therefore, a progressive reconstruction of legal policy is required through the accelerated enactment of the Indigenous Peoples Bill, the issuance of Supreme Court Regulations to equalize non-written evidence, and the integration of customary courts into the national judicial system to achieve substantive justice.
Co-Authors Ahmad Ali Muddin Anton Johanis Silubun Arpin Arpin Asriadi Zainuddin Darmawati Darmawati DINA FITRI SEPTARINI Dina Fitri Septarini Emiliana B Rahaili Emiliana Bernadina Rahail Enni Eka kusumawati Enni Eka kusumawayi Ibrahim Kama Iriany Ernawati Tahya Ismail, Nurwita Lily Bauw Lily Bauw Mardhati Mardhati Marlyn Jane Alputila Marwan Marwan Nasri Wijaya Parera, Zegovia A Rosnida Rosnida Salvadoris Pieter Satriadi Satriadi Syahruddin Syahruddin Yuldiana Zesa Azis