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Marlyn Jane Alputila
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Jurnal Restorative Justice
Published by Universitas Musamus
ISSN : 25804200     EISSN : 26222051     DOI : https://doi.org/10.35724
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Jurnal Restorative Justice is an open access and peer-reviewed journal that aims to offer an international academic platform for cross-border legal research in multiple governance policies and civil rights law, particularly in developing and emerging countries. These may include but are not limited to various fields such as: civil law, criminal law, constitutional and administrative law, customary institution law, religious jurisprudence law, international regime law, legal pluralism governance, and another section related to contemporary issues in legal scholarship
Arjuna Subject : Ilmu Sosial - Hukum
Articles 179 Documents
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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.
Kebijakan Perubahan Iklim Di Papua: Kolaborasi Antara Pemerintah Dan Masyarakat Adat Wijaya, Nasri; Rahail, Emiliana B.; Jaya, Andi Ervin Novara
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.v9i1.6977

Abstract

Papua, with Indonesia's richest biodiversity, faces significant climate change challenges. Sustainable policies require synergy among stakeholders, including indigenous communities with their local knowledge and traditional practices. The forest, seen as "Mama" by Papuans, is crucial for their livelihood and customs. Despite their efforts to protect it, indigenous communities remain vulnerable to climate impacts. Their limited participation in planning and decision-making often leads to ineffective climate solutions. This research explores policies by regional and central governments and the active role of indigenous communities, focusing on climate change due to the conversion of customary forests into oil palm plantations and the marginalization of indigenous communities from losing their ancestral forest rights and access. The qualitative study shows that collaboration between the government and indigenous communities can enhance climate policy effectiveness. Indigenous participation enriches local knowledge and strengthens environmental commitments. The article highlights partnership challenges, such as differing perspectives and the need for flexible policy adaptation. The main recommendations are to strengthen communication and build capacity at both government and indigenous community levels for effective climate change mitigation in Papua. This collaboration could serve as a model for other regions facing similar challenges.
Peluang Mewujudkan Tata Kelola Victim Trust Fund Di Lembaga Perlindungan Saksi Dan Korban (LPSK) Untuk Pemulihan Korban Akibat Tindak Pidana Herdiansah, Dian
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.v9i1.6991

Abstract

The Victim Trust Fund (VTF) is an alternative financing mechanism designed to ensure comprehensive restitution for crime victims, particularly when offenders are unable to fulfill restitution obligations. In Indonesia, although the concept has emerged through the Victim Assistance Fund (DBK) under the Sexual Violence Act (UU TPKS), its scope and implementation remain limited. This paper aims to analyze the regulatory framework and governance of VTF across selected countries and international institutions, while assessing its applicability within the Indonesian legal system. The research employs a qualitative approach using normative-empirical methods through legal literature review, comparative study, and focus group discussions. Findings reveal that countries such as the Netherlands, the United States, Norway, and the Philippines have developed victim compensation schemes supported by both state and non-state sources. Internationally, the ICC and the United Nations implement trust fund models that emphasize non-financial restorative services. This study concludes that Indonesia must strengthen its legal and institutional frameworks to establish a sustainable VTF, either through an endowment fund or pooling fund model, to enhance victims’ access to holistic and continuous recovery services.
Perlindungan Hukum Terhadap Anak Sebagai Saksi Dalam Proses Peradilan Pidana Di Indonesia Alputila, Marlyn Jane; Sinaga, Jaya Setiawan
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.v9i1.7052

Abstract

This study aims to analyze the forms and mechanisms of legal protection for children as witnesses in the criminal justice process in Indonesia, as well as to identify obstacles and solutions in its implementation. The research method employed is a normative juridical approach with a literature study on relevant legislation and related literature. The results show that legal protection for child witnesses is comprehensively regulated in the Child Protection Act and the Juvenile Criminal Justice System Act, including rights to accompaniment, child-friendly examination, and provision of special facilities. However, implementation in the field faces challenges such as lack of training for law enforcement officers, inadequate facilities, weak inter-agency coordination, and cultural and social factors. Therefore, it is necessary to improve human resource capacity, institutional strengthening, and legal education to the public to ensure effective protection of children as witnesses. This study concludes that legal protection for child witnesses is an important indicator of a fair and civilized justice system in Indonesia. Keywords: children, witnesses, legal protection, criminal justice, Indonesia
Kewenangan Badan Pengawas Pemilu Berdasarkan Peraturan Perundang-Undangan Pelu, Handika Dwi Ardiansyah; Silubun, Yosman Leonard
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.v9i1.7081

Abstract

The institutional capacity of Bawaslu as a dispute resolver, starting from the personal commissioner of Bawaslu who has a strong vision regarding the design of dispute resolution as well as the carrying capacity of an organization that is capable of operationalizing its authority. Bawaslu itself has been strengthened by the existing electoral legal system, of course there are still various evaluations in strengthening the Bawaslu institution in order to achieve general elections that are not only democratic but also have integrity. This research aims to determine the Authority of the Election Supervisory Body Based on Legislative Mechanisms. In line with the problems to be researched, this research includes normative legal research using a Normative Juridical approach which takes primary data by conducting a literature review and secondary data by processing it from legal materials. primary, secondary legal materials, and tertiary legal materials. Bawaslu's authority in accordance with law number 7 of 2017 concerning general elections is weak, the existence of Bawaslu in previous elections seems to have been limited to "complementary" because the authority given to this institution was inadequate in contributing to upholding election justice.
Kedudukan Hukum Video Game Dalam Sistem Hukum Positif Di Indonesia Sinaga, Jaya Setiawan; Silubun, Yosman Leonard
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.v9i2.7300

Abstract

The rapid growth of the video game industry in Indonesia has transformed the sector from mere entertainment into a significant pillar of the national creative economy. However, the complexity of its internal elements creates juridical challenges regarding how Indonesian positive law provides comprehensive protection. This study aims to analyze the legal standing of video games as multimedia creations within the copyright system and to examine the legal protection of virtual assets and their administrative governance in Indonesia. The research method employed is normative judicial with statutory and conceptual approaches. The results indicate that video games are recognized as independent creations under Article 40 paragraph (1) letter r of Law Number 28 of 2014; however, technically, they constitute multimedia works with multilayered protection encompassing computer code, fine arts, audio, and narratives. From a civil law perspective, virtual assets and game accounts are classified as intangible movable objects possessing real economic value, thereby entitling them to protection against data theft under the Law on Electronic Information and Transactions (UU ITE) and the Personal Data Protection Law (UU PDP). Furthermore, the state exercises administrative intervention through the Indonesia Game Rating System (IGRS) for content classification and the recognition of esports as a performance sport, which mandates the institutionalization of legal entities. The study concludes that video game protection in Indonesia has been integrated through various legal regamees—intellectual property rights, civil law, and administrative regulations—to ensure legal certainty for developers and protection for consumers within the digital ecosystem.
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.
Melampaui Pendekatan Legalistik: Hukum Adat Marind Sebagai Basis Keadilan Restoratif Dalam Penanganan Anak Berhadapan Dengan Hukum (Studi Di Kabupaten Merauke, Papua Selatan) Silubun, Anton Johanis; Saragih, Dapot Pardamean
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.v9i2.7323

Abstract

The handling of Children in Conflict with the Law (CICL) within Indonesia’s juvenile justice system continues to face significant challenges, particularly the dominance of a legalistic and procedural approach that insufficiently addresses the social and cultural dimensions of children’s lives. This issue becomes more complex in indigenous communities where customary legal systems function as living norms for conflict resolution. This study aims to examine the role of Marind customary law in handling CICL cases in Merauke Regency, assess its compatibility with restorative justice principles, and formulate an integrative model that harmonizes customary law and state law. Employing an empirical juridical approach, data were collected through semi-structured interviews, participatory observation, and document analysis. The findings reveal that CICL handling remains largely formalistic, limiting the involvement of indigenous institutions and weakening children’s social reintegration. Conversely, Marind customary law demonstrates conflict resolution mechanisms aligned with restorative justice principles, emphasizing deliberation, social responsibility, and relational restoration. This study proposes a hybrid model of CICL handling that positions customary institutions as primary mediators, supported by law enforcement authorities to ensure the protection of children’s rights. This model contributes to the operationalization of legal pluralism and offers a practical policy alternative for reforming the juvenile justice system in South Papua.
INTEGRASI MEKANISME DIVERSI DENGAN KEARIFAN LOKAL SUKU MARIND DALAM PENYELESAIAN TINDAK PIDANA YANG DILAKUKAN ANAK ASLI PAPUA Alputila, Marlyn Jane
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.v9i2.7330

Abstract

This research aims to analyze the juridical synchronization between the diversion mechanism as regulated in Law Number 11 of 2012 concerning the Juvenile Criminal Justice System (SPPA Law) and the child case resolution procedures according to the customary law of the Marind Tribe in South Papua Province. Utilizing a socio-legal research method analyzed through Legal Pluralism Theory and Restorative Justice Theory, the results indicate that philosophically, there is an alignment of values between the principles of national restorative justice and the local wisdom of the Marind Tribe, both of which prioritize the restoration of social balance. However, juridically and normatively, a significant obstacle exists in the formal requirements of Article 7, Paragraph (2) of the SPPA Law, which restricts diversion only to offenses punishable by less than seven years of imprisonment. This creates a legal gap where customary settlements completed at the community level are often not legally recognized within the formal judicial administration. This study concludes that procedural synchronization can only be achieved by optimizing the Papua Special Autonomy Law as a juridical bridge to provide discretion for the implementation of Marind customary law within the national juvenile criminal justice system. Keywords: Diversion, Indigenous Papuan Children, Marind Tribe, South Papua, Juridical Synchronization.

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