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The Rights of Indigenous Law Communities in Forest Management in the West Seram Regency: A Perspective of National and Customary Law E.M., Nirahua Salmon; Nirahua, Garciano; Soplantila, Ronny
Al-Bayyinah Vol. 9 No. 1 (2025): Al-Bayyinah
Publisher : Faculty of Sharia and Islamic Law Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/al-bayyinah.v9i1.8691

Recognition of indigenous legal communities as legal subjects with rights over their territories and natural resources is a constitutional mandate, as stipulated in Article 18B, paragraph (2) of the 1945 Constitution of the Republic of Indonesia. In West Seram Regency, indigenous legal communities have a traditional governmental structure that manages customary forests as part of the territorial domains. This article aims to analyze the implementation of the rights of indigenous legal communities in forest management from a constitutional perspective and local practices. The research method used is a juridical-empirical approach with data collection techniques through literature study and interviews with local leaders and regional officials. The research findings indicate that although there is a normative recognition of the rights of indigenous peoples, the implementation at the local level, especially in West Seram Regency, still faces regulatory, administrative, and political obstacles. This causes the legal status of customary forests to be unclear and vulnerable to overlap with state claims or corporate permits. Therefore, affirmative steps are needed from local governments through regional regulations and collaborative programs that strengthen the position of indigenous communities as key actors in the management of forests based on local wisdom. The local wisdom of customary law communities, accumulated throughout the history of the development of customary law communities, plays a significant role for the customary law communities and their rights, including communal land rights both in marine and terrestrial areas.Â

Kekuatan Eksekutorial Putusan Mahkamah Konstitusi Yang Bersifat Final Dan Mengikat di Indonesia Ru'ati, Amien; Nirahua, Garciano; Soplantila, Ronny
PATTIMURA Legal Journal Vol 1 No 1 (2022): April 2022 PATTIMURA Legal Journal
Publisher : Postgraduate Program Doctoral in Law, Universitas Pattimura

Introduction: The Constitutional Court is a state institution that has judicial authority based on the 1945 Constitution which has the constitutional authority to conduct judicial review of the 1945 Constitution whose decisions are final and binding. However, in the implementation of the judicial review of the 1945 Constitution by the Constitutional Court, many decisions of the Constitutional Court were not carried out by other State Institutions or Government Agencies which have the obligation to follow up and implement the Constitutional Court Decisions. If the decision of the Constitutional Court is not implemented in the Unitary State of the Republic of Indonesia, it can legally interfere with the administration of government as a result of not implementing the decision of the Constitutional Court as a State Institution that has attribution authority in the 1945 Constitution of the Republic of Indonesia. Purposes of the Research: To analyze the Executive Power of the Decisions of the Constitutional Court which are final and binding in Indonesia Methods of the Research: The type of research used in this writing is normative juridical research. Results of the Research: The results show that the Constitutional Court's decision has executive power because it is final and binding when pronounced by the Constitutional Court Judge, and the Constitutional Court's decision actually has a juridical position as law and is used as a source of law by the DPR and the Government in forming laws. related to the decision of the Constitutional Court

Legal Product Formation and Financial Management Nirahua, Salmon Eliazer Marthen; Nirahua, Garciano; Soplantila, Ronny
AIWADTHU: Jurnal Pengabdian Hukum Volume 5 Issue 2, July 2025
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/aiwadthu.v5i2.2990

Introduction: The village is granted broader authority to regulate and manage the interests of the community. Therefore, a number of village regulations must be created to effectively implement this authority. The importance of these village regulations is also aimed at accelerating the realization of public welfare through improvements in services, empowerment, community participation, and enhancing regional competitiveness, while considering the principles of democracy, equity, justice, as well as the uniqueness and special characteristics of each region within the framework of the Unitary State of the Republic of Indonesia.Purposes of The Devotion: The aim of this community service activity is to enhance the knowledge and skills of the community regarding the position of regional regulations, the process of making regional regulations, and the proper implementation of village governance.Method of The Devotion: Community service is carried out using a legal counseling method that focuses on interactive presentations or seminars, so that the service is not monotonous and does not only rely on the speaker. The topics covered include the formation of regional legal products, or "Perneg," and financial management in the administration of regional governance.Results Main Findings of the Devotion: In general, participants in the community service activity are not aware that the role of regional regulations in the process of regional governance is very fundamental. This is because the process of regional governance itself is regulated in such a way in the law, where every rule or technical guideline for managing the region is already outlined in that law. Specifically, regarding the boundaries of the region and regional governance, these need to be regulated in regional regulations, as this will impact the status of the region itself.

Tanggung Jawab Komisi Pemilihan Umum dalam Pemenuhan Hak Pilih Penyandang Disabilitas pada Pemilihan Umum di Indonesia Hamka, Oriza Satifa; Pattinasarany, Yohanes; Soplantila, Ronny
Jurnal Saniri Vol 6, No 1 (2025): Volume 6 Nomor 1, November 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/saniri.v6i1.3521

The fulfillment of accessibility for persons with disabilities must be ensured in the electoral process. In reality, persons with disabilities still face accessibility challenges.This research aims to analyze the responsibility of the General Elections Commission regarding the failure to fulfill accessibility for persons with disabilities in the general election and to examine the legal consequences of failing to meet accessibility standards for persons with disabilities in the electoral process.The research methodology used is normative juridical research. The problem approach applied includes the statutory approach, the conceptual analysis approach, and the case approach. The sources of legal materials used are primary legal materials and secondary legal materials. Data collection techniques are conducted through library research, and the data is analyzed descriptively using a qualitative method. The research findings show that the General Election Commission is responsible for providing accessibility facilities for persons with disabilities in elections, such as ramps, accessible voting booths, and aids like Braille ballots and sign language services. The lack of fulfillment of these accessibility needs violates the constitutional and human rights of persons with disabilities, reflecting the negligence. This failure may result in administrative sanctions and legal claims from persons with disabilities

Tanggung Jawab Komisi Pemilihan Umum dalam Pemenuhan Hak Pilih Penyandang Disabilitas pada Pemilihan Umum di Indonesia Hamka, Oriza Satifa; Pattinasarany, Yohanes; Soplantila, Ronny
Jurnal Saniri Vol 6, No 1 (2025): Volume 6 Nomor 1, November 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/saniri.v6i1.3521

The fulfillment of accessibility for persons with disabilities must be ensured in the electoral process. In reality, persons with disabilities still face accessibility challenges.This research aims to analyze the responsibility of the General Elections Commission regarding the failure to fulfill accessibility for persons with disabilities in the general election and to examine the legal consequences of failing to meet accessibility standards for persons with disabilities in the electoral process.The research methodology used is normative juridical research. The problem approach applied includes the statutory approach, the conceptual analysis approach, and the case approach. The sources of legal materials used are primary legal materials and secondary legal materials. Data collection techniques are conducted through library research, and the data is analyzed descriptively using a qualitative method. The research findings show that the General Election Commission is responsible for providing accessibility facilities for persons with disabilities in elections, such as ramps, accessible voting booths, and aids like Braille ballots and sign language services. The lack of fulfillment of these accessibility needs violates the constitutional and human rights of persons with disabilities, reflecting the negligence. This failure may result in administrative sanctions and legal claims from persons with disabilities

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