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All Journal Syntax Literate: Jurnal Ilmiah Indonesia Pena Justisia: Media Komunikasi dan Kajian Hukum Journal of Law, Poliitic and Humanities Jurnal Indonesia Sosial Sains
Sinay, Siti Barora
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Journal : Pena Justisia: Media Komunikasi dan Kajian Hukum

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Implementation of Community Protection of Gurabunga Customary Law: An Empirical Analysis of Customary Law Practices and Their Recognition by the State Sinay, Siti Barora; Alwan, Sultan; Rosyidi , Irham
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
KOEKSISTENSI DAN PERLINDUNGAN MASYARAKAT ADAT O'HONGANA MANYAWA DI WILAYAH PERTAMBANGAN NIKEL Sinay, Siti Barora; Alting, Husen; Alwan, Sultan
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.
Co-Authors Albugis, Wita Alting, Husein Husen Alting Kudoti, Raoda Pora, Mustika Iklima Rosyidi , Irham Rusdin Alauddin Sultan Alwan