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All Journal Golden Ratio of Law and Social Policy Review (GRLSPR)
Roberth KR Hammar
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Law, Crime, Criminology & Criminal Justice

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Legal Aspects of Procurement Accountability in West Papua, Indonesia Korwa, Jimmi; Roberth KR Hammar; Imanuel I. R. Hammar
Golden Ratio of Law and Social Policy Review Vol. 5 No. 1 (2025): July - December
Publisher : Manunggal Halim Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52970/grlspr.v5i1.1558

Abstract

Government procurement of goods and services strategically supports national development, including in regions with special characteristics such as West Papua Province. Even though the legal framework for procurement has been regulated normatively through Presidential Regulation Number 12 of 2021, implementing accountability principles in West Papua still faces various challenges. This study aims to analyze the implementation of the principle of accountability in the procurement of goods and services in West Papua from the perspective of Indonesian positive law, as well as assess the effectiveness of its application in a complex geographical and social context. The theoretical approaches used include public accountability theory, sound governance principles, and John Rawls's theory of legal justice. The study results show a gap between legal norms and practice in the field, which is characterized by weak supervision, low human resource capacity, and minimal community participation. This condition indicates the need to strengthen the legal supervision system and policy reformulation that is adaptive to regional specificities.
Climate Change Mitigation in the Arfak Mountains through Igya Ser Hanjob: A Legal and Socioecological Review Pandori, Musa; Roberth KR Hammar; Christina Samangun
Golden Ratio of Law and Social Policy Review Vol. 5 No. 1 (2025): July - December
Publisher : Manunggal Halim Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52970/grlspr.v5i1.1559

Abstract

Using a juridical and socioecological approach, this study examines the role of the Igya Ser Hanjob customary legal system in mitigating climate change in the Arfak Mountains, West Papua. Igya Ser Hanjob, which literally means "guarding boundaries," is the local wisdom of the Hatam people that regulates land management and environmental conservation in a balanced, sustainable manner, and contains deep spiritual values. This system regulates no-go zones, land rotation management, prohibitions on felling large trees, and an effective community oversight mechanism for maintaining biodiversity and ecosystem stability. The study employed qualitative methods, including in-depth interviews with four Hatam tribal leaders, participant observation, and reviewing relevant national and regional legal documents. Thematic analysis was applied to uncover ecological principles, adaptation practices, and the challenges and external support faced by Igya Ser Hanjob. The results indicate that although this customary legal system has received normative recognition in the constitution and several national regulations, its implementation remains suboptimal due to obstacles to administrative recognition, the lack of specific regional regulations, and the minimal involvement of indigenous communities in the legislative process. This phenomenon has resulted in the potential of local wisdom for climate mitigation not being fully realized. At the same time, pressures of exploitation and development have the potential to threaten the sustainability of the Arfak Mountains ecosystem. Discourse analysis reveals that Igya Ser Hanjob serves as a discourse that integrates the ecological and spiritual values of indigenous communities, while also serving as a platform for negotiation between customary law and formal law, which often marginalizes the role of indigenous communities. This study emphasizes the importance of stronger integration of customary law with national climate change mitigation policies through formal recognition, participatory mapping, and strengthening the legal capacity of indigenous communities. This approach strengthens ecological protection and empowers indigenous communities as primary guardians of a sustainable environment. Thus, this study confirms the relevance of Igya Ser Hanjob as a foundation for ecological ethics and law that can serve as an effective local strategy in addressing climate change and encouraging inclusive and contextual environmental policy reform in West Papua.
Duan Lolat: Tanimbar Traditional Marriage Traditions from the Perspective of Law and Modernity Taborat, Alowisius; Roberth KR Hammar; Agustinus Luturmas
Golden Ratio of Law and Social Policy Review Vol. 5 No. 1 (2025): July - December
Publisher : Manunggal Halim Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52970/grlspr.v5i1.1561

Abstract

The Duan Lolat traditional marriage in the Tanimbar community is a tradition that contains high philosophical, social, and cultural values. This tradition not only functions as a form of binding two extended families, but also as a means of preserving cultural identity and strengthening solidarity between indigenous communities. This study aims to examine the philosophical meaning and implementation process of Duan Lolat and its legal position in the national legal system, and identify challenges and efforts to preserve it in the modern era. Using a normative and anthropological juridical approach, it was found that although Duan Lolat is constitutionally recognized through Article 18B paragraph (2) of the 1945 Constitution and has high social relevance, its practice still faces legal dualism and minimal guarantees of civil protection, especially for women and children. Therefore, harmonization between customary and national law is needed through a mechanism for registering customary marriages integrated into the state administration system and strengthening customary institutions and cultural education for the younger generation as a preservation strategy.
Analysis of Urban Spatial Planning Implementation in the Wania Riverbank Area in Asmat Paumako Village, Timika, Papua, Indonesia Yeni Elmas, Yuliana; Roberth KR Hammar; Yusty F. Rahawarin
Golden Ratio of Law and Social Policy Review Vol. 5 No. 1 (2025): July - December
Publisher : Manunggal Halim Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52970/grlspr.v5i1.1562

Abstract

This study aims to analyze the implementation of urban spatial planning in the Wania Riverbank area, Asmat Paumako Village, Timika, Papua, explicitly focusing on the factors influencing policy implementation and the resulting socio-ecological impacts. Using a qualitative descriptive method with a field study approach, this study explores in depth the relationship between formal spatial planning policies and the local wisdom practices of the Asmat indigenous community. Primary data were obtained through in-depth interviews, participatory observation, and relevant secondary documents such as the Detailed Spatial Planning Plan and related regional regulations. This approach allows for a holistic understanding of the constraints and opportunities in spatial planning implementation in an area with unique socio-cultural and ecological characteristics. The research results show that implementing spatial planning in the Wania Riverbank area faces various obstacles, including weak communication and coordination between government agencies, limited technical and financial resources, and differences in paradigms between the Asmat community's customary legal system and formal government regulations. The inconsistency of spatial utilization practices with the official provisions in the Detailed Spatial Plan leads to the risk of ecological degradation, such as a decline in the function of riverbank habitats, increased vulnerability to flooding, and the emergence of social conflict. In addition, the research emphasizes the importance of recognizing and integrating local wisdom in the spatial planning and management process to increase the effectiveness of implementation and social legitimacy. These findings also reinforce George Edward III's policy implementation theory, which emphasizes the importance of effective communication, resource availability, and implementer disposition for successful implementation, and supports an inclusive and sustainable urban planning approach that balances physical, social, and ecological aspects. This research provides important empirical and conceptual contributions to formulating spatial planning policies in regions with complex socio-cultural and ecological characteristics, such as Papua, while emphasizing the need for a multisectoral, participatory, and adaptive approach to urban space management. Therefore, this research is a strategic foundation for local governments, communities, and other stakeholders in harmoniously and sustainably managing riverbank areas for inclusive and environmentally friendly development.
The Effectiveness of Environmental Law Enforcement in Combating Deforestation in West Papua, Indonesia Irmayani, I.; Roberth KR Hammar; Bernardus Hirokubun
Golden Ratio of Law and Social Policy Review Vol. 5 No. 1 (2025): July - December
Publisher : Manunggal Halim Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52970/grlspr.v5i1.1563

Abstract

This research is motivated by the high rate of deforestation in West Papua, which has had a widespread impact on tropical forest ecosystems, biodiversity, and the socio-economic lives of indigenous communities. The urgency of this research lies in the need for an in-depth evaluation of the effectiveness of regulations and law enforcement systems in preventing and mitigating deforestation. This study uses a qualitative approach with an empirical juridical research style. Data collection techniques were conducted through literature studies, documentation, and interviews with various stakeholders, such as academics, environmental activists, and regional officials. Data were analyzed using descriptive analytical methods with normative and sociological approaches. The results of the study reveal two main findings. First, the impacts and efforts to prevent deforestation in West Papua include ecosystem damage, biodiversity loss, indigenous peoples' rights disruption, and contributions to the climate crisis and agrarian conflicts. Although forest protection regulations, a moratorium on new permits, and a reforestation program have been in place, their implementation remains weak due to limited oversight, low community participation, and a lack of enforcement of violations. Second, the effectiveness of environmental law enforcement is still less than optimal. Enforcement is still dominated by administrative rather than criminal approaches, with weak institutional capacity and political-corporate intervention hampering the independence of law enforcement. There is a clear gap between legal norms and practices in the field, indicating the need for structural and cultural strengthening in the environmental legal system in West Papua.
Effectiveness of Regional Regulation Implementation in Guidance and Protection of Street Vendors in Manokwari Regency: A Study of Policy Analysis and Socio-Economic Impacts Setitit, Paskalina; Roberth KR Hammar; Carina Budi Siswani
Golden Ratio of Law and Social Policy Review Vol. 5 No. 1 (2025): July - December
Publisher : Manunggal Halim Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52970/grlspr.v5i1.1565

Abstract

This study aims to assess the effectiveness of the implementation of Manokwari Regency Regional Regulation Number 15 of 2021 concerning the Arrangement and Empowerment of Street Vendors (PKL) and its socio-economic impact on these micro-enterprises. As the capital of West Papua Province, Manokwari Regency is experiencing rapid population growth and urbanization, which impacts the dynamics of urban space and increases street vendor activity in strategic public spaces. This regional regulation is expected to be an instrument that not only regulates street vendors' physical and legal existence but also empowers them to transform into independent and competitive formal business actors. However, this study found that implementing the Regional Regulation still faces significant obstacles, such as low legal awareness and understanding among street vendors, suboptimal coordination between government agencies, and locations for street vendor relocations that are considered less strategic and impact the sustainability of their businesses. This creates a gap between written legal norms (law on the books) and actual practice (law in action), resulting in less than optimal guidance and protection for street vendors. The socio-economic impacts of implementing the Regional Regulation are also diverse. On the one hand, street vendors (PKL) significantly support the informal economy and reduce unemployment in Manokwari Regency. On the other hand, the less participatory arrangement and the dominance of a repressive approach create uncertainty and resistance among street vendors, which impacts their income stability and engagement in development programs. This study emphasizes the importance of a more integrated, participatory, educational, and empowering approach and increased synergy between agencies to ensure inclusive and sustainable policy implementation. The research methodology employed a qualitative approach, collecting data through semi-structured interviews, participant observation, and official document analysis. Data analysis used manual reduction and coding techniques to identify key themes. Validity and reliability were maintained through data triangulation and member checking. The results of this study are expected to provide strategic policy recommendations for the development and protection of street vendors (PKL), which can harmonize urban development needs with the welfare of micro-communities, particularly in autonomous regions with unique socio-cultural characteristics such as West Papua.
Implementation of Court Decisions that Have Permanent Legal Force by Prosecutors Against Fugitive Convicts on the Wanted List (DPO): A Case Study in Papua, Indonesia Renjaan, Johanis; Roberth KR Hammar; Carina Budi Siswani
Golden Ratio of Law and Social Policy Review Vol. 5 No. 1 (2025): July - December
Publisher : Manunggal Halim Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52970/grlspr.v5i1.1566

Abstract

Executing final and binding court decisions is a crucial phase in criminal law enforcement in Indonesia. Particularly in Papua Province, the execution of fugitive convicts on the Wanted List (DPO) faces complex and multidimensional challenges. This study aims to analyze the execution mechanism, identify obstacles faced by prosecutors as decision executioners, and evaluate strategies implemented to improve the effectiveness of executions in Papua. The research method used is normative law with a qualitative approach, which examines secondary legal materials and related empirical data. The research findings show that executions in Papua are not limited to formal legal aspects but are heavily influenced by geographic, socio-cultural, and technological limitations. Rugged terrain, strong customary traditions, and social and community networks that protect fugitives are major obstacles slowing down the enforcement process. Furthermore, administrative issues, such as delays in sending copies of court decisions to the Prosecutor's Office, also hinder executions. These obstacles require a holistic strategy integrating formal law enforcement and cultural approaches. The strategies implemented by prosecutors in Papua include preventive measures, such as cross-institutional supervision and coordination, repressive measures such as formal summonses, the determination of wanted list status, and the forced arrest of uncooperative convicts. This study emphasizes the synergy between legal aspects, information technology, and sensitivity to the local context in addressing these challenges. An adaptive approach considering Papuan sociocultural values has been shown to increase public support and accelerate the execution process. This study recommends strengthening coordination between law enforcement and agencies by developing locally responsive information technology, involving traditional leaders in the legal process, reforming policies, and training law enforcement officials. This will enable more effective, efficient, and equitable implementation of Papua court rulings while strengthening public trust in the criminal justice system.
Co-Authors Agustinus Luturmas Bernardus Hirokubun Carina Budi Siswani Christina Samangun Imanuel I. R. Hammar Irmayani, I. Korwa, Jimmi Pandori, Musa Renjaan, Johanis Setitit, Paskalina Taborat, Alowisius Yeni Elmas, Yuliana Yusty F. Rahawarin