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All Journal Substantive Justice International Journal of Law Pena Justisia: Media Komunikasi dan Kajian Hukum Risalah Hukum Amsir Law Jurnal (ALJ) Jurnal Hukum Sehasen Jurnal Penyuuhan dan Pemberdayaan Masyarakat (JPPM) Jurnal Hukum Islam SASI Indonesian State Law Review (ISLRev)
M. Hatta Roma Tampubolon
Fakultas Hukum Universitas Tadulako, Indonesia
Religion Agriculture, Biological Sciences & Forestry Humanities Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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INDIGENOUS INDIGENOUS PEOPLES AND THEIR LEGAL POSITION IN THE OMNIBUS LAW ON JOB CREATION: The Nature Of Indigenous Peoples Muhammad Hatta Roma Tampubolon
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

Abstract

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).
The Legal Certainty of Community Participation Related to Mining Activities Tampubolon, Muhammad Hatta Roma; Maddusila, Sitti Fatimah; Zulkarnain, Zulkarnain; Mallawa, Suardi Dg.
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

Abstract

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.
Co-Authors Andi Bustamin Dg Kunu Andi Bustamin Dg. Kunu Andi Inar Sahabat Andi Intan Purnamasari Ansar Asri Lasatu Evi Noviawati Fattimah Maddusila Hanifah dhiyanul Haq Hanifah Dhiyaul Haq Irwansyah Irwansyah Irwansyah Irwansyah Ismail, Nurwita Mallawa, Suardi Dg. Manga Patila Novendri M Nggilu Nurul Miqat Rahmat Bakri Ramdhan Kasim Sahabat, Andi Inar Suardi Dg. Mallawa Sulbadana Sulbadana Syamsuddin, Adiesty Septhiany Prihatiningsih Yassine, Chami Zulkarnain Zulkarnain Zulkarnain Zulkarnain