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All Journal TATOHI: Jurnal Ilmu Hukum Bacarita Law Journal PATTIMURA Law Study Review CAPITAN: Constitutional Law & Administrative Law Review Jurnal Saniri
Holle, Erick Stenly
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Law, Crime, Criminology & Criminal Justice

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Journal : PATTIMURA Law Study Review

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Perlindungan Hukum Terhadap Masyarakat Adat Dalam Pemberian Penugasan Survey Pendahuluan dan Eksplorasi (PSPE) Panas Bumi Lating, Muhaimin Qadri; Mustamu, Julista; Holle, Erick Stenly
PATTIMURA Law Study Review Vol 3 No 1 (2025): April 2025 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v3i1.19740

Abstract

The issuance of Preliminary Survey and Exploration Assignment (PSPE) permits for geothermal energy often triggers agrarian conflicts with indigenous communities, as seen in the case of Wapsalit Village, Lolong Guba District, Buru Regency. This study analyzes the validity of the PSPE permit granted to PT. Ormat Geothermal Indonesia (PT. OGI) and its legal implications for the rights of indigenous communities. The research employs a juridical-normative legal method. The findings indicate that the issued PSPE permit is not entirely valid procedurally and neglects the rights of indigenous communities. PT. OGI failed to resolve land use issues in accordance with applicable regulations and did not adequately involve the community in socialization efforts. Consequently, the constitutional rights of indigenous communities over their territories were violated, and PT. OGI may be subject to administrative sanctions. The implementation of the Free, Prior, and Informed Consent (FPIC) principle, along with enhanced supervision and sanctions for violators, is essential to ensuring more effective legal protection for indigenous communities.
Pengawasan Pemerintah Terhadap Izin Pelaksanaan Pengelolaan Hasil Sedmimentasi Laut Wael, Yanti; Nendissa, Renny Heronia; Holle, Erick Stenly
PATTIMURA Law Study Review Vol 2 No 1 (2024): April 2024 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v2i1.15970

Abstract

The increasing activities of marine sedimentation results can damage the utilization of natural resources in coastal areas and small islands in the waters, for that effective supervision from the government is needed so as not to cause conflict so that its implementation can be fully felt by coastal communities. However, there are problems in the management of marine sedimentation results both in terms of regulation and government authority, so it is interesting to examine whether the regulations on marine sedimentation management permits and their management authority have met the provisions of laws and regulations. The purpose of this study is to determine and explain the form of government supervision of marine sedimentation management and the legal consequences of the government not supervising the management of marine sedimentation results. The research method used in this writing is the normative juridical research method with a legislative approach and a conceptual approach. The results of this study can be concluded that government supervision of marine sedimentation management permits cannot run effectively because there are some unclear formulations of norms, and derivative regulations are needed regarding the authority of related Ministry Institutions, such as the Ministry of Marine Affairs and Fisheries and the Ministry of Energy and Mineral Resources which have the potential to overlap authority so as to hinder supervision, and the legal consequences of the government not supervising the management of marine sedimentation results are due to the conflicting legal norms, namely Government Regulation Number 26/2023 which is contrary to Law Number 32/2014 and the like. So that the implementation of Government Regulation Number 26/2023 is null and void.
Co-Authors Garciano Nirahua Hatuluayo, Rasyid Lating, Muhaimin Qadri Lawalata, Magreth Syelen Matuankotta, Jacky Alko Lazarus Mustamu, Julista Nendissa, Renny Heronia Pattinasarany, Yohanes Sedubun, Victor Juzuf Wael, Yanti