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All Journal Jurnal Pranata Hukum Substantive Justice International Journal of Law Pena Justisia: Media Komunikasi dan Kajian Hukum Risalah Hukum Amsir Law Jurnal (ALJ) Journal La Edusci Jurnal Hukum Sehasen Jurnal Penyuuhan dan Pemberdayaan Masyarakat (JPPM) Jurnal Magister Hukum Perspektif 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 Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Mathematics Social Sciences Other

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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).
STATE LEGAL POLICY ON THE RESPONSIBILITY OF GOVERNMENT AND BUSINESS CONTRACTORS IN ENVIRONMENTAL MANAGEMENT AND ENVIRONMENTAL DISPUTE RESOLUTION (Toxic Hazardous Waste Management) Fatkhul Muin; Palmawati Tahir; Iin Ratna Sumirat; Muhmmad Hatta Roma Tampubolon; Haris Mubarak
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.v23i2.4357

Abstract

The issue of environmental management and the responsibilities of the government and local governments in hazardous and toxic waste management is certainly inseparable from the current existing conditions, where many industries produce hazardous waste. In the aspect of environmental management related to toxic hazardous waste, it is inseparable from environmental disputes over the management of hazardous and toxic waste. The approach of Law of the Republic of Indonesia Number 6 of 2023 concerning the Stipulation of Government Regulation in Lieu of Law Number 2 of 2022 concerning Job Creation into Law, the regulation of environmental approval regulates specifically related to waste management which has an impact on environmental management in the community. The formulation of the Hazardous and Toxic Substances paradigm is a substance, energy, and/or other component that due to its nature, concentration, and/or amount, either directly or indirectly, 'can pollute and/or damage the Environment, and/or endanger the Environment, health, and the survival of humans and other living things. Therefore, from the understanding in the norm, the poor management of the waste will cause damage.  This research focuses on a legal approach and aims to analyze in depth the responsibility and environmental management of waste and environmental dispute resolution due to hazardous and toxic waste.
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.
PROTECTION OF INDIGENOUS LAW COMMUNITIES THROUGH THE REGULATION OF ULAYAT LAND REGISTRATION IN INDONESIA Saputro, Wahyudi; Tampubolon, Muhammad Hatta Roma; Ansar, Ansar
PRANATA HUKUM Vol. 21 No. 1 (2026): Januari
Publisher : Law Faculty of Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/pranatahukum.v21i1.439

Abstract

This legal research employs a socio-legal methodology, incorporating statutory, conceptual, and comparative approaches. The study aims to critically examine the regulatory framework governing the registration of ulayat land in Indonesia and to construct a regulatory model capable of providing effective protection for Indigenous Law Communities. The findings indicate that the current regulatory scheme for ulayat land registration is fragmented across several authorities: local governments are authorized to designate the subjects, the Ministry of Forestry determines the object in relation to the legal status of customary forests, and the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency determines the object in relation to ulayat land. This model is inconsistent with the holistic concept of customary territories, in which territory and its Indigenous community constitute an inseparable unity. Such a fragmented regulatory structure creates layered and repetitive administrative procedures, thereby hindering Indigenous Law Communities from obtaining adequate legal protection. To ensure meaningful protection, the study argues that a unified regulatory model is required—one that integrates the recognition and protection of Indigenous Law Communities (as legal subjects) with the recognition and protection of customary territories (as legal objects) under the authority of local government. This model would involve coordination with the land office, the forest area consolidation agency, and relevant vertical institutions within a formal Indigenous Law Community Committee. Every decision recognizing and protecting an Indigenous Law Community must be followed by the removal of customary territories from forest areas/state forests when such territories fall within forest zones, or by the demarcation and separation of customary territories from Other Land Uses (APL) when located within APL zones.
Reconceptualizing Environmental Education through Indigenous Knowledge: A Community-Based Pedagogical Model from Customary Forest Practices Muh. Arief Budiman Ramlan; Sulbadana Sulbadana; Suardi Suardi; M.Hatta Roma Tampubolon
Journal La Edusci Vol. 7 No. 2 (2026): Journal La Edusci
Publisher : Newinera Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37899/journallaedusci.v7i2.3000

Abstract

This study reconceptualizes environmental education by examining customary forest governance as a community based pedagogical ecology. While environmental education is often framed within formal schooling and curriculum reform, indigenous communities have long sustained ecological knowledge through lived practice, moral guidance, and intergenerational transmission. Drawing on qualitative case study research in a customary forest community in Central Sulawesi, Indonesia, this study explores how environmental learning is embedded in everyday activities, spatial zoning practices, ritual life, institutional deliberation, and livelihood routines. Data were collected through in depth interviews, participant observation, and analysis of community narratives. The findings reveal that the forest functions not only as an ecological resource but as a formative educational landscape where ecological awareness is cultivated through participation, relational ethics, and collective accountability. Customary institutions model reflective governance, rituals reinforce moral commitment to land stewardship, and livelihood practices nurture long term ecological reasoning across generations. By interpreting customary forest practices as an integrated pedagogical system, this study expands the conceptual boundaries of environmental education beyond formal institutional settings. It argues that sustainable education must recognize indigenous pedagogical ecologies as legitimate and sophisticated forms of knowledge production and moral formation. The study contributes to ongoing debates on decolonizing environmental education and highlights the importance of community-based learning in fostering ecological consciousness.
KONFLIK NORMATIF UU MINERBA DENGAN OTONOMI DAERAH PASCA 2020: ANALISIS KOMPARATIF DAN MODEL KEWENANGAN KOLABORATIF Hatta, Muhammad; Hafsah Nur Anisa, Ummi; Yusnita, Yusnita; Dhyaul Haq, Hanifah
Jurnal Magister Hukum Perspektif Vol. 17 No. 1 (2026)
Publisher : Magister Ilmu Hukum, Universitas Wisnuwardhana Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37303/magister.v17i1.149

Abstract

The centralization of Mining Business License (IUP) issuance authority following Law Number 3 of 2020 and Law Number 11 of 2020 concerning Job Creation has created significant normative conflict with the principle of regional autonomy guaranteed under Article 18 Paragraph (2) of the 1945 Constitution of the Republic of Indonesia. This research analyzes the normative disharmony between the 2020 Mining Law, the Job Creation Law, and the Regional Government Law, as well as its impact on procedural justice in mining governance. Employing normative legal research methodology with statutory, conceptual, and comparative approaches, this study compares mining licensing systems in three countries: Kazakhstan (post-Soviet centralization with transparency reforms), Germany (coordinative federalism with mandatory public participation), and India (federalism with judicial activism). The findings reveal that Indonesia's extreme centralization lacks precedent in the mining licensing systems of developed countries and contradicts global best practices. Kazakhstan demonstrates that centralization can coexist with transparency when supported by digitalization. Germany illustrates the effectiveness of coordinative federalism with mandatory public participation. India exemplifies the strategic role of the judiciary in enforcing indigenous communities' rights through the Free, Prior and Informed Consent (FPIC) principle. This research recommends a collaborative authority model that proportionally integrates central, provincial, and local government authorities, strengthened community participation through FPIC, transparent digital licensing systems, and enhanced judicial oversight through Constitutional Court review of sectoral regulations. Keywords: Normative Conflict, Regional Autonomy, Mining Business License, Comparative Legal Study, Procedural Justice  
Co-Authors Andi Bustamin Dg Kunu Andi Bustamin Dg. Kunu Andi Inar Sahabat Andi Intan Purnamasari Ansar Ansar Ansar Asri Lasatu Dhyaul Haq, Hanifah Evi Noviawati Fatkhul Muin Fattimah Maddusila Hafsah Nur Anisa, Ummi Hanifah dhiyanul Haq Hanifah Dhiyaul Haq Haris Mubarak Iin Ratna Sumirat Irwansyah Irwansyah Irwansyah Irwansyah Ismail, Nurwita Mallawa, Suardi Dg. Manga Patila Muh. Arief Budiman Ramlan Novendri M Nggilu Nurul Miqat Palmawati Tahir Rahmat Bakri Ramdhan Kasim Sahabat, Andi Inar Suardi Dg. Mallawa Suardi Suardi Sulbadana Sulbadana Sulbadana Sulbadana Syamsuddin, Adiesty Septhiany Prihatiningsih Wahyudi Saputro, Wahyudi Yassine, Chami YUSNITA YUSNITA Zulkarnain Zulkarnain Zulkarnain Zulkarnain