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All Journal Papua Law Journal Musamus Law Review Jurnal Restorative Justice Sagu: Jurnal Pengabdian Masyarakat Animha Law Journal Jurnal Hukum Cassowary
Yuldiana Zesa Azis
Faculty Of Law Cenderawasih University
Agriculture, Biological Sciences & Forestry Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences Other

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The Essence of Indigenous Land Release for Investment Interests Azis, Yuldiana Zesa
Papua Law Journal Volume 2 Issue 1, November 2017
Publisher : Faculty of Law Cenderawasih University

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

Abstract

The aims of the study were to investigate to what extent the essence of waiver of costumary land in Merauke Regency and to investigate to what extent the release of customary land can provide legal certainty for investors. The research was conducted in Merauke, West Papua Privince. The techniques of obtaining the data were interview and field observations. The data consisted of primary and secondary data. They were  analyzed using qualitative analysis.The results of the research indicate that the waiver of customary land is the claim of the existence of indigenous people as a condition of the transfer of land rights in Papua Province especially in Merauke Regancy. The release of customary land for investors benefit in Merauke Regency does not provide legal certainty for investors, so it causes the conflict of land affair. The conflict occurs due to the overlapping of tenure or claim by some tribes over the land rights and land boundaries which are not clear because they are natural boundaries.
Protection of Papuan Native Children Conflicting with Law through a Restorative Justice Approach Mulyadi Alrianto Tadjuddin; Yuldiana Zesa Azis
Musamus Law Review Vol 1 No 1 (2018): MuLaRev
Publisher : Faculty of Law, Musamus University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35724/mularev.v1i1.792

Abstract

rime can occur anywhere and anytime and can be done by anyone. Both adults, young people and even children. Even though the crimes committed by children and adults are the same, however different forms of treatment need to be taken. Especially for children in Papua with all kinds of limitations and shortcomings they have. For this reason, special treatment or special treatment is needed for children in conflict with the law. This study aims to hope that in the future the form of handling restorative justice will be put forward in dealing with criminal cases committed by children. So that children in conflict with the law are better protected by this form of handling.
Analysis of Sosio - Juridical Participation of Sota Village Government in Increasing Income of Marind Kanum Indigenous People in Sota Merauke Village Yuldiana Zesa Azis; Nasri Wijaya
Musamus Law Review Vol 1 No 2 (2019): MuLaRev
Publisher : Faculty of Law, Musamus University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35724/mularev.v1i2.1276

Abstract

The Merauke regency area has a village level government, one of which is Sota village which is one of the villages located on the border of the State of Indonesia and Papua New Gunea. One of the indigenous people who inhabit the Sota village area is the Marind Kanum Tribe. Administratively for community empowerment to increase income is one of the roles of the village government, especially for the indigenous people, the increase in income still needs to be increased Because the average income of the local community is still relatively low, therefore support from various parties including local government through the relevant agencies. The purpose of this study was to find out how the role and government of the Sota village in increasing the income of the indigenous people of Marind Kanum and to determine the extent to which the laws and regulations governed that. The results of this study indicate that the participation of the village government by assigning tasks to village officials is to provide training and aquipment assistance for business to local communities and transmigration which in this case is in accordance with Law number 6 of 2014 concerning Village Government. Keywords: Participant; Sota VillageGovernment; Incrasing Income; Marind Kanum.
Protection of Papuan Native Children Conflicting with Law through a Restorative Justice Approach Mulyadi Alrianto Tadjuddin; Yuldiana Zesa Azis
Musamus Law Review Vol 1 No 1 (2018): MuLaRev
Publisher : Faculty of Law, Musamus University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35724/mularev.v1i1.792

Abstract

rime can occur anywhere and anytime and can be done by anyone. Both adults, young people and even children. Even though the crimes committed by children and adults are the same, however different forms of treatment need to be taken. Especially for children in Papua with all kinds of limitations and shortcomings they have. For this reason, special treatment or special treatment is needed for children in conflict with the law. This study aims to hope that in the future the form of handling restorative justice will be put forward in dealing with criminal cases committed by children. So that children in conflict with the law are better protected by this form of handling.
Analysis of Sosio - Juridical Participation of Sota Village Government in Increasing Income of Marind Kanum Indigenous People in Sota Merauke Village Yuldiana Zesa Azis; Nasri Wijaya
Musamus Law Review Vol 1 No 2 (2019): MuLaRev
Publisher : Faculty of Law, Musamus University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35724/mularev.v1i2.1276

Abstract

The Merauke regency area has a village level government, one of which is Sota village which is one of the villages located on the border of the State of Indonesia and Papua New Gunea. One of the indigenous people who inhabit the Sota village area is the Marind Kanum Tribe. Administratively for community empowerment to increase income is one of the roles of the village government, especially for the indigenous people, the increase in income still needs to be increased Because the average income of the local community is still relatively low, therefore support from various parties including local government through the relevant agencies. The purpose of this study was to find out how the role and government of the Sota village in increasing the income of the indigenous people of Marind Kanum and to determine the extent to which the laws and regulations governed that. The results of this study indicate that the participation of the village government by assigning tasks to village officials is to provide training and aquipment assistance for business to local communities and transmigration which in this case is in accordance with Law number 6 of 2014 concerning Village Government.
Bingkai Hukum Negara Indonesia Dalam Perlindungan Hak Ulayat Dan Kesejahteraan Masyarakat Adat Di Daerah Perbatasan Azis, Yuldiana Zesa; Rahail, Emiliana B.; Alputila, Marlyn Jane
Jurnal Restorative Justice Vol. 8 No. 2 (2024): Jurnal Restorative Justice
Publisher : Universitas Musamus

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35724/jrj.v8i2.6458

Abstract

This article explores the significance of safeguarding customary rights of indigenous peoples in Indonesia, especially in border regions, with a specific focus on Sota District, Merauke Regency, South Papua. Customary rights, representing the supreme right to land inherited intergenerationally, hold profound social, cultural, and economic value for indigenous communities. Nevertheless, their protection is frequently impeded by agrarian conflicts, deficiencies in the legal system, and the repercussions of climate change. In border areas, customary rights become even more susceptible due to economic interests and the incongruence between government policies and local wisdom. This research employs a qualitative approach, utilizing literature reviews, interviews, field observations, and document analysis, to assess the effectiveness of the legal framework in safeguarding customary rights. Findings indicate that despite a solid legal foundation, the implementation of customary rights protection encounters numerous challenges, necessitating collaborative endeavors from various stakeholders to bolster protection and the well-being of indigenous peoples in border regions.
INKLUSIVITAS DALAM PENERIMAAN APARATUR SIPIL NEGARA (ASN) DI DISTRIK SOTA KABUPATEN MERAUKE: Implementasi Undang-Undang Nomor 8 Tahun 2016 Tentang Penyandang Disabilitas Azis, Yuldiana Zesa; Rahail, Emiliana Bernadina
Sagu: Jurnal Pengabdian Masyarakat Vol 1 No 2 (2024): SAGU - JURNAL PENGABDIAN MASYARAKAT
Publisher : Astha Grafika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65675/sjp.v1i2.41

Abstract

The enactment of Law No. 8 of 2016 on Persons with Disabilities was driven by an urgent need to recognize and protect the rights of persons with disabilities in Indonesia. Prior to this law, persons with disabilities often faced discrimination and limited access in various aspects of life, including education, employment, healthcare, and community participation. The law reflects the Indonesian government's commitment to equality and inclusivity, aligning with the United Nations Convention on the Rights of Persons with Disabilities, ratified by Indonesia in 2011. This legislation aims to ensure that basic rights for persons with disabilities are protected, recognized, and respected, fostering a disability-friendly environment across sectors. Government efforts to promote equal opportunities include implementing inclusive civil servant (ASN) recruitment policies, particularly in Sota District, Merauke Regency, a remote border area with unique challenges and potentials. Inclusive ASN recruitment not only opens suitable employment opportunities for persons with disabilities but also raises awareness of accessibility needs, reduces social stigma, and sets an example for other institutions. Through qualitative research with a descriptive-analytical approach, this study explores the values, challenges, and opportunities surrounding the implementation of this law, assessing how inclusive policies affect community welfare and strengthen ties between government and society.
Aspek Hukum Perdata Dalam Penyelesaian Sengketa Investasi Berkelanjutan Di Indonesia Azis, Yuldiana Zesa; Ali Muddin, Ahmad
Jurnal Restorative Justice Vol. 9 No. 1 (2025): Jurnal Restorative Justice
Publisher : Universitas Musamus

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35724/jrj.v9i1.6948

Abstract

Sustainable investment plays a crucial role in Indonesia's economic development by emphasizing a balance between economic growth,environmental protection, and social welfare. Despite a significant increase in investment in strategic sectors such as energy and infrastructure, the main challenge is managing the negative impact on the environment and local communities. This article discusses the role of civil law in resolvingdisputes arising from conflicts between economic interests and environmental or social needs. Civil law, through mechanisms such as the filing of lawsuits in court, mediation, and arbitration, serves as a tool to bridge conflicting interests and ensure fair settlements. The development ofpolicies and legal instruments that support sustainability is also important to maximize the benefits of investment while maintaining a balancebetween various interests.
Kearifan Lokal Dalam Adaptasi Penyelesaian Sengketa Tanah Akibat Ekspansi Investasi: Studi Kasus Pada Masyarakat Adat Di Merauke Azis, Yuldiana Zesa; Rahail, Emiliana B.
Jurnal Restorative Justice Vol. 9 No. 2 (2025): Jurnal Restorative Justice
Publisher : Universitas Musamus

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35724/jrj.v9i2.7321

Abstract

Large-scale investment expansion in plantation development, food estates, and strategic infrastructure has intensified land conflicts between indigenous communities and investment actors in Merauke Regency. This article examines how the local wisdom of the Malind indigenous community functions as an adaptive strategy for resolving land disputes within an asymmetrical legal pluralism regime. Employing a qualitative socio-legal approach, this study is based on case studies conducted in Wasur, Rawa Biru, Sota, Erambu, and Yanggandur villages through in-depth interviews, participant observation, and document analysis. The findings reveal that land conflicts primarily stem from overlapping claims between customary land (ulayat) and investment concessions legitimized by state law. In the absence of meaningful access to formal legal mechanisms, the Malind community relies on customary deliberation, symbolic rituals, and clan origin narratives as mechanisms of conflict resolution and forms of counter-hegemonic legality. Drawing on legal pluralism, critical agrarian studies, and political ecology, this article argues that local wisdom should be understood not merely as cultural practice but as a form of non-state legality with political significance in defending indigenous living spaces. The study highlights the need for substantive recognition of customary law and indigenous territories as integral components of equitable agrarian governance and investment policy.
KEPASTIAN HUKUM PENYELESAIAN KONFLIK TANAH ULAYAT DI BIDANG INVESTASI DI KABUPATEN MERAUKE Zesa, Yuldiana; Azis, Yuldiana Zesa; Samderubun, Fransiskus
Animha Law Journal Vol 1 No 1 (2024): Animha Law Journal
Publisher : Astha Grafika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65675/alj.v1i1.33

Abstract

ABSTRAK Penelitian ini bertujuan untuk menganalisis manfaat investasi bagi masyarakat hukum adat, dan menganalisis penyelesaian konflik tanah ulayat dapat memberikan kepastian hukum bagi para pihak. Penelitian ini merupakan perpaduan antara penelitian hukum normatif dan empiris dengan pendekatan pendekatan perundang–undangan, pendekatan kasus (case Approach), pendekatan historis (historical approach), pendekatan budaya (cultural approach), pendekatan konseptual (conseptual Approach), pendekatan filosofi (philosophy approach). Jenis dan sumber bahan hukum adalah bahan hukum primer, bahan hukum sekunder dan bahan hukum tersier. Penelusuran bahan hukum menggunakan metode studi kepustakaan untuk mencari bahan hukum, diantaranya peraturan-peraturan yang mengatur tentang sengketa tanah adat, investasi, dan kearifan lokal, jurnal-jurnal, dan buku-buku literatur. Bahan yang terkumpul kemudian diinventarisasi dan di identifikasi serta melakukan sistematisasi keseluruhan bahan hukum yang ada. Hasil penelitian menunjukkan bahwa (1) Manfaat investasi bagi masyarakat adat belum sepenuhnya dirasakan dengan masuknya investasi di Kabupaten Merauke hal ini dikerenakan adanya pemberian ganti rugi pelepasan tanah adat yang tidak sesuai pemilik marga yang sebenarnya sehingga merugikan pihak pemilik tanah ulayat (2) Penyelesaian konflik tanah ulayat belum sepenuhnya memberikan kepastian hukum bagi para pihak dikarenakan pengakuan tumpang tindih pengakuan tanah ulayat, pemberian ganti rugi berulang-ulang sehingga merugikan pihak investor dan CSR yang diberikan oleh perusahaan tidak berjalan secara berkelanjutan sehingga merugikan masyarakat adat. Kata Kunci : Kepastian hukum, penyelesaian sengketa, tanah ulayat dan investasi.
Co-Authors Ahmad Ali Muddin Ali Muddin, Ahmad Duwila, Rusli Emiliana Bernadina Rahail Emiliana Bernadina Rahail Fransiskus Samderubun Irawan, Andi D Jaya Setiawan Sinaga Jehau, Aurelia Lakay, Gerry Alexander Limbong, Shella Agustin Marlyn Jane Alputila Mulyadi Alrianto Tadjuddin Nasri Wijaya Nasri Wijaya Rahmawati, Rahmawati Samderubun, Fabilio Alfrento Setiawati, Dini Werelubun, Ignatia Astrella zaenab, sitti a Zesa, Yuldiana