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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum Journal of Law, Poliitic and Humanities MILRev: Metro Islamic Law Review
Daniel Tanati
Unknown Affiliation
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Ownership Patterns of Land Rights from the Perspective of Customary Law Communities in Waropen Regency Papua Province Daniel Tanati
Journal of Law, Politic and Humanities Vol. 4 No. 3 (2024): (JLPH) Journal of Law, Politic and Humanities (March - April 2024)
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v4i3.361

Abstract

Ownership of land rights in the Waropen customary law community is very important because the land is a legacy of their ancestors which is used to meet their daily needs. The aim of this research is to find out more about land ownership rights from the perspective of the Waropen customary law community. The approach used is empirical, which looks directly at the reality that occurs among the Waropen traditional law community regarding ownership of land rights which are considered a legacy from their ancestors and are used to meet their daily needs. Data obtained from field observations, both primary and secondary, are then analyzed systematically so that the data can be accounted for. The results of this research reveal that the Waropen Indigenous people recognize 2 (two) types of land rights, namely ownership rights and use rights. Residents of the Waropen indigenous community can have property rights in the form of individual rights, family property rights which are the same as household property rights, and clan property rights or customary rights. Property rights in the Waropen language are called Mipena (Sanggei Village) or Risanau. Mipena or risanau in the traditional concept is originally a former garden. Former garden land refers to ownership of land or an area that is owned. Meanwhile, the right to use is the right to use or collect proceeds from land controlled by the state or land owned by another person, based on a mutual agreement between the land owner and the person who will use the land. In the Waropen indigenous community, this right of use can be differentiated into several groups of users of land rights, including the right to use for fellow Waropen people, this transfer is facilitated by the Government, the right to use for pastors, evangelists, teachers, health workers who come to dedicate themselves in the Waropen area and use rights are also given to traders from Bugis, Makassar, Java and Toraja as a place to carry out business activities.
Reconciliation of Human Rights, Positive Law, and Siyasah Syar'iyyah: An Innovative Approach to Addressing Human Rights Issues in the Contemporary Era Muannif Ridwan; Usman Jayadi; Sobardo Hamonangan; Daniel Tanati; James Yoseph Palenewen
MILRev: Metro Islamic Law Review Vol. 4 No. 1 (2025): MILRev: Metro Islamic Law Review
Publisher : Faculty of Sharia, IAIN Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/milrev.v4i1.10433

Abstract

This study explores the reconciliation of Human Rights, positive law, and siyasah syar‘iyyah as an innovative approach to addressing contemporary human rights challenges. The tension between the universal norms of human rights and Islamic law often becomes a focal point in global discourse, particularly in countries with Muslim-majority populations. Using a qualitative-descriptive approach and normative analysis, this research examines the convergence and potential integration points among these three pillars. The goal is to develop a legal framework that is more holistic, just, and contextually grounded. The findings reveal that through epistemological dialogue and the contextual reinterpretation of religious texts, siyasah syar‘iyyah can bridge the principles of Sharia and modern human rights values. Meanwhile, positive law—as a state instrument—can accommodate transcendent values of justice, provided it is formulated with sensitivity to society's social, cultural, and religious dynamics. This study recommends an inclusive legislative model and a humanistic approach to interpreting religious texts to strengthen legal legitimacy and the protection of human rights. The academic contribution of this research lies in developing an integrative approach that systematically unites three bodies of knowledge: human rights theory, modern legal theory, and the thought of siyasah syar‘iyyah. The conceptual framework is a normative and practical model for inclusive and just legal policymaking.
Resolution of Traditional Land Disputes Between PT. Nabire Baru and The Customary Community of The Waoha Tribe in Sima Village Yaur District Nabire Regency Daniel Tanati
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 002 (2024): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This study aims to determine the factors that cause customary land disputes between PT. Nabire Baru and the customary law community of the Waoha Tribe, Sima Village, Yaur District, Nabire Regency and to determine how to resolve customary land disputes between PT. Nabire Baru and the customary law community of the Waoha Tribe, Sima Village, Yaur District, Nabire Regency. The approach method used in this study is the normative and empirical legal approach method, namely an approach that refers to laws, literature, written regulations or other secondary legal materials, to see how it is applied through field research or the reality that occurs at the research location so that the author obtains clarity about the matter being studied. The results of this study reveal that the factors that cause customary land disputes between PT. Nabire Baru and the customary law community of the Waoha Tribe, Sima Village, Yaur District, Nabire Regency are caused by three things, namely: first, the oddity in the process of changing the designation of the Yaur District forest area; second, irregularities in the acquisition of oil palm plantation land by PT. Nabire Baru and the third result of the land dispute lawsuit and the method of resolving the customary land dispute between PT. Nabire Baru and the Waoha Tribe indigenous community, Sima Village, Yaur District, Nabire Regency has entered the National Human Rights Commission's Inquiry on the Rights of Indigenous Peoples over their territory in the Forest Area, as can be seen from the recommendation issued on December 10, 2015, signed by a member of the National Human Rights Commission, M. Imdadun Rahmat, containing 4 points to be responded to positively by the Regent of West Sumbawa, as a form of effort to protect and fulfill the Human Rights of the indigenous people of Sima Village.
Co-Authors James Yoseph Palenewen Muannif Ridwan Sobardo Hamonangan Usman Jayadi