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All Journal Al-Balad : Jurnal Hukum Tata Negara dan Politik Islam ACADEMOS Jurnal Hukum dan Tatanan Sosial
Silehu, M Iqbal
Unknown Affiliation
Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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POLEMIK TAMBANG NIKEL DI PULAU GAG RAJA AMPAT : DITINJAU DARI PERSPEKTIF POSITIVISME HUKUM Silehu, M Iqbal; Pratiwi, Cekli Setya
AL-BALAD : Jurnal Hukum Tata Negara dan Politik Islam Vol. 5 No. 1 (2025): Al-Balad : Jurnal Hukum Tata Negara dan Politik Islam
Publisher : PRODI HUKUM TATANEGARA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59259/ab.v5i1.232

Abstract

The issue of nickel mining has long been intertwined with legal norms and environmental ethics. The dispute involving PT. Gag Nickel on Gag Island underscores critical legal challenges. PT. Gag initially operated under a 1998 Contract of Work authorized by Soeharto, allowing nickel mining on Gag Island in Raja Ampat Regency. However, Law 41/1999 prohibited mining in protected forests, halting PT. Gag's operations. This was reversed in 2004 when Presidential Regulation 41/2004 granted exemptions to 13 companies, including PT. Gag, for operations predating the law. In 2007, Law 27/2007 further restricted mining on islands smaller than 200,000 hectares, including Gag Island, which spans only 6,069 hectares. Despite this, PT. Gag obtained IPPKH and IUP permits in 2017 from the Ministries of Environment and Energy and Mineral Resources, allowing the resumption of mining activities in violation of both Laws 41/1999 and 27/2007. The controversy escalated in 2024 when the Constitutional Court reaffirmed the prohibition of mining on small islands under Law 27/2007. These regulatory conflicts undermine legal certainty. This study, guided by legal positivism, emphasizes the need to revise conflicting regulations and ensure alignment between local and higher laws. The research adopts a normative juridical methods, statute approach, case approach, and conceptual approach.
Rekonstruksi Hukum Perlindungan Hak Istimewa Adat Papua Dalam Program Strategis Nasional Silehu, M Iqbal
Academos Vol 4 No 1 (2025): ACADEMOS Jurnal Hukum dan Tatanan Sosial
Publisher : Faculty of Law, University of Muhammadiyaha Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/aca.v4i2.28733

Abstract

The National Strategic Program is part of the national interest in terms of economic and infrastructure development, regulated through Presidential Regulation No.03/2016 on the Acceleration of the Implementation of National Strategic Projects. However, this National Strategic Project scheme faces polemics related to the denial of the privileges of indigenous peoples, as happened in Merauke. So that the problems that occur have legal implications, namely violating the customary rights of the people in the Papua region. This study formulates the problem, namely how the government's authority in managing customary land for development in Indonesia and how the ideal regulation of customary land management in Papua for development in the National Strategic Program based on the Responsive Law perspective. This type of research is Normative Juridical and uses a statute approach and conceptual approach. The results of the study show that government policies are still Repressive law and override the rights of indigenous Papuans.
Co-Authors Cekli Setya Pratiwi, Cekli