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Musamus Law Review
Published by Universitas Musamus
ISSN : 26219581     EISSN : 2621959X     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
Musamus Law Review (MuLaRev) is a peer-reviewed journal published by Faculty of Law, Musamus University, Merauke, Papua, Indonesia. MuLaRev published twice a year (October and April).
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Articles 2 Documents
 1 
Search results for , issue "Vol 7 No 1 (2024): MuLaRev" : 2 Documents clear
Legal Analysis of Granting Mining Business Licenses to Community Organizations (Ormas) Astinda, Afifuddin Nur Rosyid; Haidar, Muhammad Bagas; Pratama, Wahyu Pujo
Musamus Law Review Vol 7 No 1 (2024): MuLaRev
Publisher : Faculty of Law, Musamus University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35724/mularev.v7i1.6311

Abstract

The government, through the Minister of Investment, has decided that religious organizations (ormas) are allowed to manage mines. This decision is stipulated in Peraturan Pemerintah (PP) Nomor 25 Tahun 2024 concerning Amendments to Peraturan Pemerintah Nomor 96 Tahun 2021 on the Implementation of Mineral and Coal Mining Business Activities. This policy was made as the government's effort to achieve economic justice and encourage the economic independence of ormas, enabling them to support their programs in education, social, religious, and cultural fields. In Law Number 3 of 2020, religious organizations were not specifically mentioned as entities that can be authorized to manage mining. In that law, the entities eligible for such authority are state-owned enterprises (BUMN), regional-owned enterprises (BUMD), cooperatives, and private companies. This study aims to analyze the legal aspects of granting mining business licenses (IUP) to religious mass organizations and to assess the feasibility of such organizations if the government grants them permission to manage mines. The study found that there are differences between Undang-Undang No. 3 Tahun 2020 on the Implementation of Mining Activities and PP No. 25 Tahun 2024. Additionally, from an economic perspective, religious organizations are not yet considered eligible to receive IUP because their main orientation is to promote freedom of speech and association, which contrasts with business objectives that prioritize profit and financial gain.
Analysis of the Application Restorative Justice Principles in the Settlement of Land Disputes that Occurred in Merauke Regency South Papua Province Parera, Zegovia; Suradinata, Poetri Enindah
Musamus Law Review Vol 7 No 1 (2024): MuLaRev
Publisher : Faculty of Law, Musamus University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35724/mularev.v7i1.6541

Abstract

From a legal perspective, this study examines the extent to which existing regulations, both at the national and local levels, support and accommodate the application of restorative justice in the context of land disputes. The analysis will include an in-depth study of Law Number 11 of 2012 concerning the State Administrative Court, Government Regulation Number 24 of 1997 concerning Land Registration, and relevant regional regulations. In addition, this study will also identify legal obstacles that hinder the application of restorative justice. The research method used is a qualitative method with a case study approach. Data collection was carried out through in-depth interviews with the disputing parties, community leaders, customary leaders, and law enforcement officers. In addition, this study will also analyze relevant legal documents and regulations. The results of this study are expected to contribute to the development of a more comprehensive understanding of the application of the principle of restorative justice in the context of overlapping land disputes in Merauke. The findings of this study are also expected to be the basis for the preparation of more effective policy recommendations in resolving land disputes in the future, while still respecting the rights of indigenous peoples and the principles of restorative justice.

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