KnE Publishing Platform
Not a member yet
14566 research outputs found
Sort by
Illegal Exploitation of Biodiversity as Transnational Environmental Crime: A Penal Law Perspective
No full textThe illegal exploitation of biodiversity including poaching, illicit wildlife trafficking, and unauthorized trade in endangered flora and fauna has emerged as a critical transnational environmental crime with far reaching implications for ecological integrity, public health, and global security. Despite its increasing scale and sophistication, legal responses within many jurisdictions, particularly in the Global South and the Association of Southeast Asian Nations (ASEAN) region, remain fragmented, reactive, and weakly enforced. This article critically examines the penal dimensions of biodiversity crime through a doctrinal legal approach combined with a comparative analysis of national environmental criminal statutes across selected ASEAN countries. It aims to evaluate the adequacy of existing penal provisions in addressing biodiversity loss as a transboundary crime and to identify normative and institutional gaps in regional legal cooperation. The findings reveal that most ASEAN legal systems still treat biodiversity-related offenses as administrative violations or minor crimes, lacking the legal gravity and procedural mechanisms necessary for effective deterrence and cross-border prosecution. The research proposes the harmonization of penal frameworks among ASEAN states, the elevation of biodiversity crimes to serious offenses within national criminal codes, and the incorporation of restorative justice principles to support both environmental recovery and affected communities. Additionally, this study advocates for the recognition of biodiversity crimes as part of transnational organized crime under international criminal law frameworks. The novelty of this study lies in its integrative penal law approach, linking biodiversity conservation with cross-border criminal accountability, while proposing a regional penal harmonization model informed by sustainability, restorative justice, and international cooperation. This framework offers a path forward for strengthening biodiversity protection through criminal law in the context of global environmental governance
International Environmental Law Enforcement: Challenges and Strategies
No full textClimate change is one of the greatest challenges facing humanity in the 21st century, with far-reaching impacts on the environment, economy, and social well-being around the world. The research method used in this paper is normative legal research, also known as doctrinal legal research. International law has a key role in developing a global framework to address this issue through various legal instruments and multilateral agreements, such as the Kyoto Protocol and the Paris Agreement. Responding to environmental crimes is largely the responsibility of government law enforcement and regulatory authorities, whether at the national, subnational, or municipal level. The main agents in environmental law enforcement in most parts of the world are police forces, customs and border protection agencies and environmental regulatory agencies. These organizations can create both opportunities and challenges. The effects of climate change, are beginning to impinge on the developed world. Europe has been experiencing increasing drought and fires in the Mediterranean region and up into Central Europe, while the Northern countries are experiencing increasing flooding. With the evident need for adaptation measures being increasingly realized in the developed world, international pressure focusing on global adaptation strategies might be starting. Without such international pressure and funds, majority of the less developed countries including those in the MENA region, will not be able to develop and implement comprehensive adaptation strategies. As the climate status of the region is expected to worsen, governments should shift their focus to enhancing their adaptative capacity if they want to see changes in climate vulnerability. A solution to increase capacity involves international support of community-level education and voice in national climate policy, international pressure, and more funding for adaptative infrastructure. If the international community and Middle Eastern countries adopt these strategies, the result might be more climate resilience in this uniquely vulnerable region
Mapping The Research Landscape on Climate Change Adaptation and Biodiversity Resilience Within the Framework of Sustainable Development Goals: A Bibliometric Analysis
No full textClimate change and biodiversity loss are two interrelated and exacerbating global environmental crises, as well as threats to ecosystems and human survival. In the context of the Sustainable Development Goals (SDGs), this issue is highly relevant, especially with SDG 13 (Climate Action) and SDG 15 (Terrestrial Ecosystems). This study aims to map the development and trends in scientific research related to climate change adaptation and biodiversity resilience through a data-based bibliometric approach using Scopus articles from 2016 to 2025. There are 299 articles analyzed based on publication trends, institutional and country contributions, and major emerging themes. The results of the analysis indicate a significant increase in the number of publications, with an annual growth rate of 15.94%. Developed countries such as the United States, Australia, and the United Kingdom dominate both in terms of the number of publications and citation rates, while developing countries are still underrepresented. The University of Queensland is listed as the most productive institution on this topic. Thematically, terms such as “climate change”, “biodiversity”, “adaptation”, and “resilience” emerged as key keywords, reflecting the main focus of scientific discourse that is starting to move towards a nature-based solution approach. However, the findings also show that the link between climate adaptation and biodiversity conservation has not been fully integrated in research. Therefore, there is a need to strengthen scientific collaboration and alignment between research and policy to encourage a more systemic and sustainable approach in facing global environmental challenges
Extreme Weather Changes and Their Impact on Marine and Terrestrial Ecosystems in Banten Province
No full textBanten Province, with a coastline of 550 km, is highly vulnerable to the impacts of climate change, particularly extreme weather events such as heavy rainfall, drought, and rise in sea-levels. Projections indicate that the Panimbang area is at risk of flooding due to a sea-level rise of up to 394 mm. Mangrove degradation in Serang, changes in plankton communities in the Banten estuary, and disruptions in water supply on small islands like Tunda indicate serious impacts on marine ecosystems. Microplastic pollution and human activities further exacerbate these conditions. The combination of climate change and anthropogenic activities accelerates the degradation of marine and terrestrial ecosystems, including disruptions to agriculture in inland areas. The research method used was qualitative with a descriptive approach through literature studies, field observations, and interviews with local stakeholders. The research results show that in coastal areas such as Pandeglang and Serang, a coastal erosion, damage to mangrove ecosystems, and a decline in fish populations due to rising sea levels and high waves have been observed. Meanwhile, in inland areas such as Lebak and western Serang, erratic rainfall patterns and extreme temperatures have triggered floods, droughts, and declines in agricultural yields. Adaptation barriers include low community awareness, a lack of climate policy integration, and damage to supporting ecosystems. Adaptation efforts that have been undertaken include mangrove rehabilitation, adaptive agriculture, early warning systems, and cross-sector collaboration. However, their effectiveness still needs to be improved through community-based integrative approaches and climate-adaptive policies. This study emphasises the importance of synergy between the government, community, and private sector in strengthening environmental resilience in Banten Province
The Role of Technology in Enhancing Environmental Legal Compliance in the Context of Climate Change in Indonesia
No full textThe urgency to address climate change has highlighted the need for robust environmental legal compliance, especially in developing countries like Indonesia. This paper explores the role of emerging technologies in supporting environmental law enforcement, monitoring, and public participation in the Indonesian context. Through a qualitative doctrinal and empirical legal approach, the study investigates how digital tools such as remote sensing, blockchain, and artificial intelligence (AI) are being utilized or piloted in Indonesia to enhance environmental governance. The analysis is supported by case studies of initiatives addressing deforestation, peatland management, and carbon emissions. The findings reveal that while technology enhances transparency and data accuracy, challenges persist in legal integration, infrastructure, and institutional readiness. This paper proposes a multi-dimensional framework to better integrate technology into Indonesia’s environmental legal systems for stronger compliance and climate change mitigation
Model and Implication Insurance Claim Payment Failure in Indonesia
No full textInsurance can occur because of an agreement between the insurance company and the customer through an agent. The customer is a weak party, so in the insurance agreement a customer needs to be protected. The purpose of this study is to determine and analyze the form of protection for customers who fail to pay and the factors that cause insurance companies to fail to pay insurance claims. The approach used is the normative legal method supported by field data, namely using secondary data supported by primary data and analyzing them qualitatively descriptively. The results of the study showed that customers need to be protected based on the theory of legal protection. Because they are in a weak position, the customers easily trust insurance companies to provide them protection against the risks faced. The factors that make insurance companies fail to pay insurance claims can be not implementing the claim according to the provisions of the Insurance Law, the company’s financial condition not being healthy, and the implementation of risk management in the company being not optimal
Global Environmental Crisis and Human Rights due to Nickel Mining in Raja Ampat Based on Ecological Justice
No full textThe global environmental crisis has reached a critical point that threatens the sustainability of life on earth, including increasing global temperature, mass extinction of species, and ecosystem degradation. Indonesia as a mega-biodiverse country faces major challenges in balancing economic growth and environmental preservation. This study specifically highlighted nickel mining cases in Raja Ampat, which had a direct impact on damage to the marine environment and violations of indigenous peoples’ rights. It aims to analyze the empirical, ecological, and social impacts of nickel mining, assess the contradiction of national policy on international human rights legal instruments, and provide policy recommendations based on ecological justice. The method used is a juridical-normative and sociological approach with literature studies, regulatory analyses, and secondary data. The findings show that mining projects have violated the principle of free, prior, and informed consent (FPIC), ignored the existence of indigenous peoples, and damaged the important ecosystem of the world. Therefore, regulation and ratification of international instruments is needed to strengthen the protection of environmental rights as an integral part of human rights
The Effectiveness of National Environmental Law in Facing the Challenges of Global Climate Change: A Case Review of PT. Freeport and Mining in Papua
No full textGlobal climate change and environmental degradation due to the exploitation of natural resources have become serious challenges to the environmental legal system in various countries, including Indonesia. One of the cases that reflects the complexity of the relationship between economic, political, and environmental protection interests is the mining activities by PT. Freeport Indonesia in Papua. The company is known to have been exploiting copper and gold mines on a large scale since 1967. This study aims to evaluate the effectiveness of the implementation of national environmental laws, especially Law No. 32 of 2009 concerning Environmental Protection and Management, in dealing with environmental damage caused by Freeport’s activities. Using a qualitative approach and case studies, this study analyzes the dynamics of regulations, institutions, and law enforcement practices in the field. The results show that although normatively Indonesian environmental laws have adopted important principles such as prudence, polluter pays, and public participation, their application is still weak. This is due to the low independence of law enforcement, weak administrative supervision, and a conflict of interest between the state as a regulator and Freeport’s shareholder. In conclusion, national environmental laws are not yet effective in facing the challenges of global climate change if they are still controlled by short-term economic interests. Structural reforms, protection of indigenous peoples, and strengthening law enforcement mechanisms are urgent in bringing ecological justice to exploit-prone areas such as Papua
Reconstruction of National Road Regulations in Regency/City Areas to Achieve Public Welfare Based on Progressive Law
No full textThis paper aims to analyze and reconstruct the regulation of national roads located within regency/city administrative areas in Indonesia. Despite their national status, these roads are often neglected in terms of maintenance and responsiveness to local needs due to administrative fragmentation. This study employs a normative-juridical approach enriched by progressive legal theory. Through doctrinal analysis and legal comparison, it finds that current regulations, particularly Law No. 38 of 2004 on roads, lack synchronization with decentralization principles as outlined in regional autonomy laws. The paper proposes a progressive legal reconstruction, recommending an integrated regulatory model involving local governments in national road management based on the principles of subsidiarity, co-administration (medebewind), and local responsiveness. This model is expected to increase the functionality of national roads, support economic mobility, and ultimately promote public welfare
Health as Social Justice: Reconstructing the Health Law Paradigm Through a Legal Political Philosophy Approach
No full textThe Indonesian health law system remains predominantly administrative and technocratic in nature, thereby falling short in ensuring social justice in the distribution of healthcare services, particularly for vulnerable groups such as indigenous communities in underdeveloped, remote, and outermost (3T) regions. This study aims to reconstruct the paradigm of health law in Indonesia through the lens of legal political philosophy in order to promote a more inclusive, participatory, and sustainable approach to healthcare delivery. Employing a qualitative descriptive method, this research utilizes literature review and content analysis to explore and reformulate the health law paradigm based on secondary data interpreted through legal political philosophy. The findings suggest that legal political philosophy plays a critical role in reshaping the health law paradigm by highlighting the interconnection between law, political power, and morality, as well as the state’s responsibility to uphold the right to health in a fair and inclusive manner. This reconstruction must be grounded in principles of justice, transparency, public participation, and ethical integration, transforming health law into a vehicle for social emancipation that strengthens deliberative democracy and substantive justice