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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum Journal of Law, Poliitic and Humanities Journal of Legal Contemplation
Siti Barora Sinay
Universitas Khairun
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Implementation of Reform Policy: Bureaucracy in Strengthening Resource Shuman Resources in Ternate City Hendra Karianga; Rasty Amalia; Siti Barora Sinay; M Junaidi
Journal of Law, Politic and Humanities Vol. 5 No. 3 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i3.1586

Abstract

Implementation of Reform Policy: Bureaucracy in Strengthening Resource Shuman Resources in Ternate City. Objective: This study aims to determine the process, identify and analyze aspects that are obstacles in the Implementation of Bureaucratic Reform Policy in Strengthening Human Resources in the Ternate City Inspectorate based on the determining factors for success in the implementation of decentralized policies by G. Shabbir Cheema and Dennis A. Rondinelli. Method: This study was conducted using a qualitative descriptive method to help interpret the phenomena that occur. The theory used is the policy implementation theory according to G. Shabbir Cheema and Dennis A. Rondinelli which consists of environmental conditions, inter-organizational relationships, and characteristics and capabilities of implementing agencies. Results: The results of the study generally indicate that the Implementation of Bureaucratic Reform Policy in Strengthening Human Resources in the Ternate City Inspectorate is running well, but if you look at the impact and performance resulting from bureaucratic reform, it is still slow and not optimal. This is because the overall support for the determining factors for success in policy implementation has not been met, both from environmental conditions, inter-organizational relationships, organizational resources, and characteristics and capabilities of implementing agencies. Conclusion: The suggestion from the research is the need for improvement in work culture commitment, communication, and creating a sense of ongoing involvement, as well as fulfilling the still lacking resources to support effectiveness and smoothness.  
Analysis of Decision of The Honorary Council of The Constitutional Court Number 2/MKMK/L/11/2023 Based on The Constitutional Court Regulation Number 1 of 2023 Concerning the Honorary Council of The Constitutional Court Tuanany, Egfa G; Siti Barora Sinay; Andika Adhyaksa
Journal of Legal Contemplation Vol. 1 No. 2 (2025): Journal of Legal Contemplation
Publisher : Candela Edutech Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63288/jlc.v1i2.7

Abstract

The Constitutional Court's Honorary Council's decision was deemed wrong in imposing sanctions on the Chief Justice of the Constitutional Court, Anwar Usman. This study aims to determine how the implementation of the Constitutional Court Regulation of the Republic of Indonesia Number 1 of 2023 concerning the Honorary Council of the Constitutional Court is carried out against the Decision of the Honorary Council of the Constitutional Court Number 2/MKMK/L/11/2023 and to find out and understand what is the basis for consideration for the judges of the Honorary Council of the Constitutional Court in the decision Number 2/MKMK/L/11/2023. The type of research used in this study is normative legal research, using a research approach by examining and reviewing the object of research through laws and regulations by sharpening research data that aims to find out the problems being discussed, while the type of research is qualitative using descriptive analysis. The results of the study indicate that the Honorary Council of the Constitutional Court did not apply the Constitutional Court Regulation Number 1 of 2023 concerning the Honorary Council of the Constitutional Court as it should so that in the decision of the MKMK Number 2/MKMK/L/11/2023 it cannot provide legal certainty. Therefore, the provisions governing the types of sanctions for reported judges who are proven to have committed ethical violations are not explained properly. However, the decision is final and binding internally on the Constitutional Court.
KOEKSISTENSI DAN PERLINDUNGAN MASYARAKAT ADAT O'HONGANA MANYAWA DI WILAYAH PERTAMBANGAN NIKEL Siti Barora Sinay; Husen Alting; Sultan Alwan
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 | DOI: 10.31941/pj.v23i3.5532

Abstract

Nickel mining in Halmahera, especially in Central Halmahera and East Halmahera Regencies, makes a major contribution to the national economy through the downstreaming of strategic minerals. However, these activities have serious impacts on the forest ecosystem and the lives of the O'Hongana Manyawa indigenous people, which relies heavily on their living space for cultural sustainability and livelihoods. This research aims to analyze the co-existence between mining activities and the protection of indigenous communities, with a focus on the legal framework, evaluation of protection practices. The research uses empirical legal methods through in-depth interviews, field observations, and secondary document studies. The research results show that the overlap of mining concession areas with the living spaces of indigenous communities causes environmental damage, social marginalization and loss of cultural identity. Existing regulations, such as AMDAL, do not fully protect the rights of indigenous peoples because their implementation is weak. Therefore, a more balanced approach is needed, such as recognition of traditional territories, application of the principles of Free, Prior and Informed Consent (FPIC), as well as empowerment programs based on local culture. In conclusion, protection of indigenous communities must be a priority to ensure social, cultural and ecological sustainability amidst industrial development.
Implementation of Community Protection of Gurabunga Customary Law: An Empirical Analysis of Customary Law Practices and Their Recognition by the State Siti Barora Sinay; Sultan Alwan; Irham Rosyidi
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.v24i2.6656

Abstract

Gurabunga Village, located in Tidore District, Tidore Islands City, has a long history as part of the Tidore Sultanate and is an area with customary law communities that still preserve their traditions. This study aims to examine the process of changing the status of Gurabunga Village to a Customary Village, as well as its implications for the recognition and legal protection for the Gurabunga customary law community. The method used is empirical legal research with a sociolegal approach, collecting data through interviews, observations, and studies of related legal documents. The results of the study show that the Gurabunga community has appropriate characteristics to be recognized as a customary law community based on Permendagri No. 52 of 2014, with customary wealth in the form of customary land that is managed communally and protected by local customary law. The process of changing this status involves community initiatives through village deliberations, fulfillment of administrative requirements, and local government approval. Meanwhile, the biggest challenge in the implementation of legal protection of customary rights is the lack of understanding from local governments regarding the importance of recognizing the rights of customary law communities. Therefore, this study suggests the importance of strengthening regulations and empowering customary law communities through more inclusive policies. The recommendation of this study is to accelerate the recognition of indigenous peoples in Indonesia, by providing space for communities to fight for their indigenous rights within a national legal framework that is responsive and adaptive to local social and cultural needs
Co-Authors Andika Adhyaksa Hendra Karianga Husen Alting Irham Rosyidi M Junaidi Rasty Amalia Sultan Alwan Sultan Alwan Tuanany, Egfa G