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All Journal LEGAL BRIEF
Hammar, Imanuel I.R.
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Law, Crime, Criminology & Criminal Justice

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Journal : LEGAL BRIEF

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West Papua Regional Police Efforts in Handling Illegal Mining Crimes in Manokwari Regency Sroyer, Dance Markus; Balubun, Daud Daniel; Hammar, Imanuel I.R.
LEGAL BRIEF Vol. 14 No. 5 (2025): December: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v14i5.1499

Abstract

This study examines the efforts of the West Papua Regional Police in addressing illegal mining crimes in Manokwari Regency, a region rich in mineral resources yet vulnerable to environmental degradation and social conflict. Illegal mining persists due to economic pressures, weak governance, difficult geographical access, and limited enforcement capacity. Using a normative juridical approach supported by statutory, conceptual, and case analyses, this research identifies that illegal mining has caused severe ecological damage particularly river pollution and forest destruction—while generating social tensions related to indigenous land rights and depriving the local government of potential revenue. The West Papua Regional Police implement both penal and non-penal strategies grounded in the Mineral and Coal Mining Law and the National Police Law. Penal measures include investigation, prosecution, confiscation of mining equipment, and disruption of illegal logistics chains. Non-penal efforts involve preventive education, community outreach, and coordination with local stakeholders. However, enforcement remains constrained by socio-economic dependence on mining and resistance from customary communities. The study concludes that sustainable mitigation requires integrated law enforcement combined with government-supported economic empowerment programs to reduce community reliance on illegal mining.
The Process of Resolving Criminal Acts of Taking Human Life Based on Hatam Tribe Customs in Manokwari Saiba, Paulinus; Hammar, Roberth K.R.; Hammar, Imanuel I.R.
LEGAL BRIEF Vol. 14 No. 5 (2025): December: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v14i5.1512

Abstract

This study analyzes the process of resolving criminal acts of taking human life based on the customary law of the Hatam tribe in Manokwari, employing a normative juridical and socio-legal approach. As a living law sustained through collective legal consciousness, Hatam customary law prioritizes harmony, ancestral values, and restorative justice over retribution. The findings show that the Hatam community classifies the taking of life as a severe violation that disrupts cosmic balance, requiring settlement through customary institutions led by hereditary leaders. Customary sanctions ranging from material fines to ritual purification—aim to restore relationships between families and prevent inter-clan conflict. Through a socio-legal lens, this study demonstrates how customary mechanisms operate in parallel with national criminal law, offering a culturally rooted model of dispute resolution that often proves more effective in achieving lasting peace than formal punitive processes. However, challenges remain in harmonizing customary sanctions with positive law. The study argues for greater formal recognition of customary dispute-resolution mechanisms through regional regulations to strengthen culturally responsive, restorative justice practices within Indonesia’s pluralistic legal system.
Implementation of the Use of Force by Police Officers In Handling Mass Actions Based On The Regulation of The Chief of The Indonesian National Police Number 1 of 2009 Jaftoran, Allan Fredrik; Siswani, Carina Budi; Hammar, Imanuel I.R.
LEGAL BRIEF Vol. 14 No. 5 (2025): December: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v14i5.1515

Abstract

This study examines the implementation of the use of force by Indonesian National Police (Polri) officers in handling mass demonstrations, focusing on the application of Regulation of the Chief of the Indonesian National Police Number 1 of 2009. Using a normative juridical method, the research analyzes statutory provisions, legal doctrines, and selected empirical cases from West Papua to assess compliance with the principles of legality, necessity, proportionality, and accountability. The findings indicate that, although the regulatory framework has formally adopted international human rights standards and a graduated use-of-force model, significant gaps persist between normative rules and operational practice. In several documented incidents, coercive measures such as tear gas, rubber bullets, and mass arrests were applied prematurely, without sufficient de-escalation efforts or transparent post-action accountability. These shortcomings are influenced by structural weaknesses in internal oversight, limited professional training, and an institutional culture that prioritizes security over dialogue-based policing. The study concludes that strengthening external oversight mechanisms, enhancing human rights-based training, and reforming organizational culture are essential to align police practices with democratic principles and international standards on the use of force
Co-Authors Balubun, Daud Daniel Hammar, Roberth K.R. Jaftoran, Allan Fredrik Saiba, Paulinus Siswani, Carina Budi Sroyer, Dance Markus