KnE Publishing Platform
Not a member yet
14566 research outputs found
Sort by
Legal Study of the Impact of Raja Ampat Mining Based on National and International Legal Aspects
No full textMining in the Raja Ampat area, West Papua, has caused significant environmental and social impacts. As one of the areas with the highest biodiversity, Raja Ampat plays important role in maintaining the balance of the global marine ecosystem. This study aims to analyze the extent to which existing regulations can protect the environment and local communities. The method used is a normative legal approach with a literature study on relevant laws and regulations, as well as an analysis of mining cases that have occurred in the area. The results of the study show that despite the existence of Law No. 32 of 2009 concerning Environmental Protection and Management and Law No. 27 of 2007 concerning Management of Coastal Areas and Small Islands, the implementation of the law is often hampered by economic interests and weak supervision. In addition, international regulations, such as the presence of the convention on biological diversity (CBD) and UNCLOS, provide a basis for protection, as weak law enforcement remains a problem. This study concludes that it is necessary to strengthen law enforcement and better coordination between related parties to maintain the sustainability of Raja Ampat as a world heritage
Law Enforcement for Small Islands Protection from Mining Exploitation
No full textNickel mining on Kabaena Island, Southeast Sulawesi, Indonesia, has sparked legal and environmental disputes due to its status as a small island of less than 2000 km². This paper examines the legal challenges to mining permits issued between 2023 and 2025, which allegedly violate Law No. 1/2014 and Constitutional Court Decision No. 35/PUU-XXI/2023, prohibiting mining on small islands. Using normative juridical methods and comparative legal approaches, this study analyzes Indonesia’s legal framework against international standards, particularly the Convention on Biological Diversity (CBD) and the Paris Agreement. Data from legal documents, court decisions, and environmental reports indicate that mining activities have led to deforestation, marine pollution, and violations of the rights of the Bajau indigenous people. Findings indicate weak national law enforcement and gaps in international biodiversity and climate commitments. The paper recommends stricter enforcement of small island laws, integration of international legal principles, and empowerment of indigenous peoples’ laws to advance environmental justice and sustainable development
Aggregation of Political Interests of the Gerindra Party Toward the Environment in Semarang City
No full textOne of the functions of political parties is to carry out political recruitment in the process of filling political positions through the mechanism of the democratic party of general elections, one of which aims to aggregate political interests. The purpose of this study is discussing the implementation of the aggregation of political interests of the Gerindra Party towards the environment in the city of Semarang. The approach method used in this study is sociological juridical, with descriptive analysis specifications. The type of data used is primary data and supported by secondary data, which is then analyzed qualitatively. The results of the study indicate that the implementation of the aggregation of political interests of the Gerindra Party towards the environment in Semarang City is based on Article 11 of Law Number 2 of 2008 concerning political parties, by providing channels for community aspirations, and also various interest groups to convey their demands related to environmental problems in Semarang City. Aspirations can be conveyed directly at the Gerindra Party DPC Office in Semarang City, through recess activities or through linkshttps://gerindra.id/ruang-aspirasi/is done by checking the truth of the people’s aspirations before they are submitted to the executive. This aggregation is based on the 2020 Articles of Association and Bylaws of the Gerindra Party, that one of the party’s goals is to create a just and prosperous society, including through environmental concern
Climate Change Management Regulations as a Progressive Legal Instrument in Protecting Human Rights and the Environment
No full textThe issue of climate change was first discussed in the United Nations Conference in Rio de Janeiro, 3-14 June 1992, which agreed on a framework for climate change, followed by the Kyoto Protocol 1997 and the Paris Agreement 2015. Implicitly, Indonesia has anticipated the issue of climate change to protect the earth, water, and space. Law Number 5 of 1960 concerning Basic Agrarian Regulations was born to build a just and prosperous society. The issue of climate change as a result of increasing global temperatures is feared to be a disaster for the sustainability of life, so the President together with the House of Representatives agreed to create a Climate Change Management Law as a priority for the formation of law through the National Legislation Program, with the Decree of the DPR Number: 64/DPR RI/I/2024-2025 dated November 9, 2024 proposed by Members of the DPR and the Regional Representative Council. The objective of the Climate Change Management regulation was to ensure that it is a progressive legal instrument that can address the complexity of the climate change management system and sustainable development, and that the state should protect human rights and the environment in a dignified manner. This paper’s research method uses a normative legal research method, using a prescriptive approach, namely analyzing the applicable legal rules and principles systematically against the applicable regulations. The importance of regulating climate change management is not due to pressure from developed countries, but rather the aspirations of legal needs and public participation in the state’s responsibility to protect human rights and the environment
Internalization of the Principle of Ta'awun in Corporate Social Responsibilty Regulation Based on Pancasila Values
No full textThe concept of corporate social responsibility was born because of the reality of environmental damage that has caused environmental crises, social crises, economic crises, and energy and natural resource crises. This has caused a paradigm shift in the business world from originally being profit-oriented to prioritizing corporate social responsibility (CSR). In Indonesia, CSR has been normatively stated as an obligation for companies engaged in fields related to natural resources as regulated in Article 74 of Law No. 40 of 2007 concerning Limited Liability Companies. The purpose of this study is to examine the advantages and disadvantages of CSR regulations, and the internalization of the principle of ta’awun in CSR regulations based on Pancasila values. The research uses an empirical legal approach, and a non-doctrinal type of research. The results of the study indicate that the factors of the advantages and disadvantages of the implementation of current CSR regulations, from the advantages that for the government CSR is very helpful for government programs. For companies, CSR provides benefits as a strategy: competing, managing natural resources, satisfying stakeholders, overcoming issues and crises, and corporate social investment. While for the community. As for the weaknesses, in the structural aspect, business actors do not fully understand the nature of CSR. In terms of legal substance, the weaknesses are seen in Article 2 and Article 74 paragraph (2) of Law No. 40 of 2007 concerning Limited Liability Companies, namely not including the existence of mutualistic symbiotic cooperation with the community and the environment. While in terms of legal culture, the corporate and the community’s legal outlook towards the implementation of CSR must be changed: for companies, the understanding should shift from generosity to empowerment and for the community, from the understanding of asking and dependence to an independent and dignified society
Influence of Democratic Leadership on the Performance of Dokkes Personnel at the Indonesian National Police Headquarters: The Mediating Role of Work Discipline
No full textA democratic leader is a leader who prioritizes member participation in decision-making and involves them in the planning and implementation process of organizational tasks. Democratic leaders also value the opinions and input of team members, creating an inclusive and collaborative work environment. This study investigates the influence of democratic leadership on the performance of personnel at the Medical and Health Center (DOKKES) of the Indonesian National Police Headquarters, with work discipline as a mediating variable. Using a quantitative approach and structural equation modeling (SEM), the study explores both direct and indirect relationships among variables. Findings reveal that democratic leadership positively impacts both work discipline and performance. Furthermore, work discipline serves as a significant mediator in the relationship between leadership and performance. These results underscore the importance of inclusive leadership and regulatory compliance in improving organizational outcomes within governmental institutions
The Role of the Police in Eradication of Motor Vehicle Theft Cases at Jambi Police Office
No full textThis study examines the role of the police in eradicating motor vehicle theft cases at the Jambi Police Department. This research method uses a sociological juridical approach, examining social phenomena based on data and facts obtained from direct observation, interviews, or experiments in the field. The results indicate that the Jambi Police Department has a strategic role in efforts to eradicate motor vehicle theft not only as a law enforcer but also as a protector and servant of the community. This role is realized through patrol activities, investigations, enforcement, and counseling to residents to increase awareness. Internal factors such as minimal operational facilities and external obstacles such as low public awareness and high unemployment are the main obstacles. The solutions include increasing synergy between agencies, improving service quality, and fostering active community involvement in maintaining security. The strategies implemented include preventive, repressive, and preemptive approaches to reducing crime rates. To overcome obstacles to implementation, the Jambi Police Department strengthens human resource capacity, establishes crosssector cooperation, and utilizes information technology in reporting and monitoring cases
Legal Protection of Citizens' Privacy Rights Based on the Principle of Jus
No full textThe development of digital technology has created serious challenges to the protection of citizens’ privacy rights. The rampant leakage and misuse of personal data by the public and private sectors shows the weakness of existing legal protection. Although Law Number 27 of 2022 concerning Personal Data Protection has been enacted, the effectiveness of its implementation is still in doubt, especially in ensuring justice for victims of privacy violations. This article analyzes the legal protection of privacy rights using the principle of justice approach, namely distributive, corrective, and procedural justice. The approach used is juridical-normative, complemented by case studies of personal data violations. The results of the study show that legal protection of privacy rights is still inadequate in substance. Therefore, the principle of justice needs to be used as the main foundation in the reconstruction of the legal system in the digital era
Reformulation of Criminal Law Policy in Combating Corruption in Government Procurement of Goods and Services
No full textCorruption in government procurement of goods and services is a form of abuse of power that is very detrimental to state finances and hinders national development. This sector is vulnerable to corruption because it involves a large budget, and has a transactional relationship between public officials and the private sector. This study aims to analyze the gaps in corruption in the procurement of goods and services and to formulate ideal policies in the future. The method used is normative legal research with a legislative, case, historical, and conceptual approach. The results of the study show that corruption in procurement not only occurs at the implementation stage but also during the planning and selection process of providers. The forms of corruption include abuse of authority, collusion, bribery, and structured and systematic tender engineering. The Corruption Law has not been fully able to reach the structural dimensions of these corrupt practices, and there is even a disparity in sanctions between private actors and state officials. Therefore, it is necessary to reform the articles in the Corruption Law to make them fairer and more proportional. In addition, strengthening the integrated e-procurement system based on digital transparency must be part of a preventive policy to close the gaps in manipulation in public procurement
Reconstruction of the Law on Criminal Acts of Corruption Toward the Prevention of Criminal Acts of Corruption
No full textCorruption is a criminal act against state finances that results in state and economic losses and hinders the progress of the nation and state, so that it is the state’s commitment to eradicate and prevent corruption by making regulations and forming a corruption eradication commission, regulations in the form of corruption laws have changed from Law Number 3 of 1971 concerning the Eradication of Corruption, which is considered ineffective and requires changes to eradicate and prevent increasingly widespread corruption, so that Law Number 31 of 1999 concerning the Eradication of Corruption was passed to comply with the needs and developments of the law and to be able to make the corruption criminal justice system effective, but in line with the increasing cases of corruption that have become extraordinary crimes, changes were made to the corruption law which was then stipulated on November 21, 2021, namely Law Number 20 of 2021 concerning Amendments to Law Number 31 of 1999 concerning the Eradication of Corruption