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All Journal Syntax Literate: Jurnal Ilmiah Indonesia Pena Justisia: Media Komunikasi dan Kajian Hukum Multidiciplinary Output Research for Actual and International Issue (Morfai Journal) Jurnal Hukum Pelita Journal of Law, Poliitic and Humanities SENTRI: Jurnal Riset Ilmiah Jurnal Indonesia Sosial Sains Journal of Legal Contemplation
Siti Barora Sinay
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Status Hukum Tanah Bekas Hak Guna Bangunan yang Tidak Diperpanjang dalam Perspektif Pemanfaatan Aset Negara (Studi Kasus Lahan Pelabuhan Sofifi) Risky Herduiva Pradana; Husen Alting; Siti Barora Sinay
SENTRI: Jurnal Riset Ilmiah Vol. 5 No. 2 (2026): SENTRI : Jurnal Riset Ilmiah, Februari 2026
Publisher : LPPM Institut Pendidikan Nusantara Global

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55681/sentri.v5i2.5729

Abstract

This research aims to analyze the control of former Building Use Right (Hak Guna Bangunan/HGB) land owned by PT. Darko Modul & Timber whose term has expired and was not extended according to the Indonesian land law framework, as well as to examine the legal construction required to provide legal certainty over the status of such land so that it may be utilized as a State Asset (State-Owned Property), with a case study of the Sofifi Port land. This research employs an empirical legal research method with a qualitative approach. Empirical legal research is conducted to examine the implementation of law in practice (law in action) by analyzing how land law regulations and state asset management norms are applied in reality. The data used in this research consist of primary data obtained through interviews with relevant stakeholders and secondary data derived from laws and regulations, court decisions, legal doctrines, and related legal literature. The results of this research indicate that the expiration of the Building Use Right without extension results in the termination of the right by operation of law, and consequently, the land reverts to land directly controlled by the state. This legal consequence is further affirmed by the Decision of the Soasio District Court Number 16/Pdt.G/2025/PN Sos, which declares that the rights of PT. Darko Modul & Timber over the disputed land have been extinguished and that the former Building Use Right Land Number 01 of 1985 constitutes state land. However, although the court decision has provided normative and judicial legal certainty, legal certainty from the perspective of land administration law has not yet been fully realized, as it has not been followed by administrative actions in the form of state land designation and registration of the land as State-Owned Property. Therefore, an integrative legal construction through land administration and state asset management mechanisms is required to ensure that the utilization of the land for public purposes, particularly as the Sofifi Port, is supported by clear legal status and provides legal protection for all parties involved.
KOEKSISTENSI DAN PERLINDUNGAN MASYARAKAT ADAT O'HONGANA MANYAWA DI WILAYAH PERTAMBANGAN NIKEL Husen Alting; Siti Barora Sinay; Sultan Alwan
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.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.
PROTECTION OF THE SPATIAL RIGHTS OF THE GURABUNGA CUSTOMARY LAW COMMUNITY THROUGH THE DETERMINATION OF CUSTOMARY VILLAGES Siti Barora Sinay; Sri Indriyani Umra
Multidiciplinary Output Research For Actual and International Issue (MORFAI) Vol. 6 No. 5 (2026): Multidiciplinary Output Research For Actual and International Issue
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.22005748

Abstract

This study analyzes in depth the urgency of establishing customary villages as an instrument for the protection of the spatial planning rights of Gurabunga customary law communities. This study will identify the legal and sociological implications of designation, as well as analyze the potential challenges and mitigation strategies needed to ensure the sustainability of the traditional rights of the Gurabunga people. Through a multidisciplinary approach, this research aims to present a comprehensive framework that can be adopted in efforts to protect and recognize the rights of indigenous peoples in Indonesia. This study will also highlight how overlapping regulations and conflicts of interest, especially related to land grabbing practices, often hinder the protection of indigenous peoples' rights despite existing regulations governing their existence in Indonesian law. The weakness of the implementation of recognition and respect for indigenous peoples is a fundamental problem that underlies discriminatory practices in government policies. Therefore, this study emphasizes the importance of establishing customary villages as a concrete step to strengthen the legal and cultural position of the Gurabunga community, in line with the constitutional mandate to respect their traditional identity and rights.
Co-Authors Albugis, Wita Alting, Husein Andika Adhyaksa Ardiansyah Madjid Hendra Karianga Husen Alting Husen Alting Irham Rosyidi Kudoti, Raoda M Junaidi Muhammad Nur Pora, Mustika Iklima Rezki Yul Permatasari Risky Herduiva Pradana Rusdin Alauddin Rusdin Alaudin Sri Indriyani Umra Sultan Alwan Sultan Alwan Tuanany, Egfa G