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The Impact of Climate Change on Biodiversity and Ecosystem Resilience in Pekalongan Regency
No full textClimate change poses a serious threat to biodiversity and ecosystem resilience, particularly in highly vulnerable areas such as Pekalongan Regency, Central Java. This study aims to analyze the impact of climate change on biodiversity and ecosystem resilience in coastal, lowland, and hilly areas, as well as to identify adaptation strategies that have been and can be implemented. Using a qualitative descriptive approach, the study was conducted through field observations, interviews, and document reviews in several representative sub-districts. The results indicate that climate change has caused coastal erosion, shifts in planting seasons, and declines in local flora and fauna populations. On the other hand, adaptation efforts such as mangrove rehabilitation, adaptive agriculture, environmental education, and the development of ecological zoning have begun to show positive impacts, although they still face various challenges such as policy fragmentation, low climate literacy, and limited funding. This study recommends strengthening the capacity of communities and local governments, integrating cross-sectoral policies, and implementing data-based ecological monitoring as strategic steps to enhance ecological and social resilience to climate change
The Convergence of Environmental Law and Human Rights: Building Inclusive Justice Through Community Empowerment
No full textThe convergence of environmental law and human rights is based on the understanding that a healthy environment is a fundamental prerequisite for the fulfillment of human rights. This research aims to analyze the extent to which the convergence of environmental law and human rights can realize inclusive justice and how inclusive justice can support community empowerment. This study uses an analytical descriptive research method by collecting data and analyzing the relationship between environmental law and human rights to realize inclusive development through community empowerment programs. This research uses a legislative approach and a comparison of environmental law and human rights with the aim of achieving inclusive justice for all Indonesian people. The result of this research is that to realize equitable inclusive development, the participation of the government and the community is needed for community empowerment through the improvement of the green economy, health insurance, and education. The author hopes that the results of this research can contribute to the sustainable development of an inclusive development perspective through community empowerment programs
Flooding in Kaligawe Sub-district, Genuk District and Surrounding Areas as a Result of Global Warming
No full textGlobal warming contributes to the rise in sea levels, leading to increased flooding risks in coastal regions, including tidal flooding. Climate change caused by global warming also alters rainfall patterns. The unpredictable and changing climate has impacted conditions in Kaligawe, Genuk, Semarang, and nearby areas. The recurrent floods in Kaligawe, Genuk, and surrounding regions pose a significant challenge for the Semarang City Government. These floods disrupt various activities for the local community. Factories, residences, schools, campuses, and hospitals in the area require secure and accessible transportation routes for smooth economic and social functions. Flooding also affects the environment, results in material losses, and impacts public health. This study aims to investigate the causes of flooding, its effects, and appropriate mitigation strategies to resolve the flooding issues in Kaligawe, Genuk, and the neighboring areas
Legal Protection for Marine Conservation Areas due to Mining Activities
No full textThis study examines the legal protection of marine conservation areas in Indonesia in response to the detrimental impacts of mining activities. As an archipelagic state, Indonesia possesses vast marine territories that are vital for ecological sustainability and national prosperity. However, mining operations—both legal and illegal—have increasingly encroached upon coastal zones and small islands, causing severe environmental degradation and threatening biodiversity. Using normative legal research, this paper explores existing national and international regulatory frameworks, including the Coastal Zone Law, the Environmental Protection Law, and international conventions such as UNCLOS and the Convention on Biological Diversity. The study finds that while Indonesia has a comprehensive set of laws to manage and protect marine areas, enforcement remains inconsistent, especially in ecologically sensitive areas such as Raja Ampat and Bangka Island. The paper emphasizes the importance of state responsibility, environmental democracy, and community participation in marine conservation. It concludes that robust legal mechanisms, preventive and repressive legal protections, and corporate accountability through environmental impact assessments and CSR initiatives are essential to safeguard marine ecosystems from mining-related damage
Ecosystem Damage to Rivers and Seas in Papua due to Industrial Waste and Mining: An Environmental Study in Mimika Regency
No full textIndustrial mining activities in Mimika Regency, Papua, particularly by PT Freeport Indonesia, have caused serious ecological damage to river and marine ecosystems. This study aims to analyze the environmental impacts of tailing waste disposal into the Ajkwa River, Otomona River, and coastal areas, as well as evaluate the weaknesses in management and mitigation efforts. The research method used is a descriptive qualitative approach with field studies, documentation, and literature review. The results of the study indicate that heavy metal pollution has caused degradation of mangrove ecosystems, seagrass beds, and disruptions to biodiversity and the health of the Amungme and Kamoro indigenous communities. Weak regulations, lack of independent oversight, and the exclusion of indigenous peoples from decision-making processes are the main obstacles to addressing this damage. Environmental policy reforms based on ecological justice, strengthened law enforcement, and participatory ecosystem restoration are needed as efforts to restore the environment in the Mimika region
Criminal Liability of Hospitals for Illegal Medical Waste Disposal Based on Strict Liability Theory Within the Perspective of Law Number 32 of 2009 Concerning Environmental Protection and Management
No full textA good environment is a constitutional right in Indonesia, regulated by Law No. 32 of 2009 concerning Environmental Protection and Management (Law on Environmental Protection and Management/UU PPLH). Hospitals, as producers of highly hazardous Hazardous and Toxic Materials (B3) waste, are obliged to manage it according to standards. However, illegal medical waste disposal practices still frequently occur. This research analyzes the contributing factors, legal regulations, and the application of strict liability for such issues. This study employs a normative legal method (juridical normative) with a literature review approach, examining the UU PPLH, relevant Government Regulations concerning B3 waste, and the Hospital Law. The analysis is conducted descriptively qualitatively on primary, secondary, and tertiary legal data. The results show that the UU PPLH explicitly regulates the criminal liability of hospitals for illegal medical waste disposal. Articles 103 and 104 of the UU PPLH threaten perpetrators with severe sanctions, while Articles 116 and 118 allow for direct criminal prosecution against corporations. The concept of strict liability (Strict Liability) is a key aspect, as stipulated in Articles 97, 103, and 104 of the UU PPLH. With this principle, penalties can be imposed merely by proving the existence of an illegal act that poses a threat or danger, without needing to prove the management’s motivation or degree of fault, in line with the ’polluter pays’ principle. To address this issue, it is recommended that the government increase incentives, infrastructure, and education for B3 waste management. Law enforcers must consistently apply criminal sanctions and the principle of strict liability. Meanwhile, hospitals must enhance management commitment and implement structured environmental management systems. These actions are expected to improve welfare and protect the environment and public health
Problematics of Law Enforcement of Fishery Crimes Against Foreign Citizens Who Cause Damage to the Marine Environment
No full textGlobal climate change is a problem that all countries are responsible for. Climate change is influenced by environmental damage caused by human actions, one of which is damage to the marine environment. In Indonesia, criminal provisions for perpetrators who commit marine crimes are regulated in Law Number 31 of 2004 concerning fisheries as amended by Law Number 45 of 2009. This article aims to determine the problems of law enforcement for marine crimes committed by foreign perpetrators that result in damage to the marine environment. The research used an empirical legal research method that uses data from interviews. Based on the Natuna District Court Case Tracking Information System, from 2020 to 2024, the Court has decided on 41 cases of marine crimes whose perpetrators are foreign citizens, and six of those decisions not only impose fines but also impose imprisonment in lieu of fines. With sufficient legal considerations, the Natuna District Court set aside the provisions of Article 73 paragraph 3 of the United Nations Convention on the Law of the Sea regarding the prohibition on imposing prison sentences or physical punishment on foreign nationals. The Government of the Republic of Indonesia must invite all countries to pay attention to the sustainability and life of the marine ecosystem by making agreements with related countries
Fulfillment of Legal Objectives in Handling Corruption Cases Through Asset Recovery
No full textThe benchmark for success in eradicating corruption is currently not only measured by how many perpetrators are punished, but by how much state financial loss has been recovered. So that the eradication of criminal acts does not only follow the suspect but also prioritizes the principle of follow the money and follow the asset. The purpose of this study is to describe and analyze the legal rules in the confiscation of assets of corruption convicts and determine the ideal rules to regulate asset confiscation in the future. This legal research uses a normative juridical legal research approach method, namely legal research conducted by examining library materials or secondary data as basic materials for research by conducting searches of regulations and literature related to the problems being researched. Corruption comes from the Latin word “corruption” which means damage or decay. Corruption is a crime included in Extra Ordinary Crime category and is one of its serious impacts is harming state finances. The Corruption Eradication Law explicitly mandates efforts to carry out asset recovery actions against assets resulting from corruption. This is regulated in the provisions of Article 18 of the Corruption Eradication Law which explains that perpetrators of corruption can be subject to additional penalties in the form of confiscation of tangible or intangible movable goods or immovable goods used for or obtained from corruption, including companies owned by convicts where corruption is committed, as well as goods that replace these goods. This can be the basis for law enforcement officers to carry out asset recovery efforts. The concept of asset recovery is closely related to asset tracing, and both must be carried out simultaneously and cannot run alone. It is hoped that the government can immediately draft and ratify legislation that specifically regulates the implementation of asset recovery, especially in the eradication of criminal acts of corruption
Conflict of Norms and Ideal Concepts in the Implementation of Restorative Justice in the Criminal Justice System in Indonesia
No full textThe development of the criminal justice system in Indonesia, which was previously implemented with a retributive system, has not been fully able to fulfill the sense of justice for the community. A policy was issued with a restorative justice system that is oriented towards justice, considering that victims of criminal acts can not only experience material losses but are very likely to experience immaterial losses. The definition of restorative justice is an effort to provide a restoration of relationships and redemption of mistakes that the perpetrator of the crime (his family) wants to do to the victim of the crime (his family) with peace efforts outside the court. The intent and purpose are that legal problems that arise as a result of the criminal act can be resolved properly by reaching an agreement between the parties so that there is no element of revenge. This research is a type of normative juridical research, with the specification of descriptive analysis research. It uses research methods obtained by researchers indirectly through intermediary media and using library techniques, in analyzing the formulation of the problem using the theory of law application and the theory of legal protection. Restorative justice is currently not only a concern of the police and the Attorney General’s Office, but also the Supreme Court and several agencies in the Criminal Justice System in Indonesia. This can be seen from the issuance of a Joint Memorandum of Understanding between the Chief Justice of the Supreme Court of the Republic of Indonesia, the Minister of Law and Human Rights of the Republic of Indonesia, the Attorney General of the Republic of Indonesia, the Chief of Police of the Republic of Indonesia Number 131/KMA/SKB/X/2012 Concerning the Implementation of the Application of Adjustments to the Limits of Minor Crimes, the Amount of Fines, Fast Examination Procedures, and the Application of Restorative Justice and Supreme Court Regulation Number 1 of 2024 concerning Guidelines for Trying Criminal Cases Based on Restorative Justice. This requires special attention to the implementation of handling every criminal case that prioritizes restorative justice, because there is a conflict of norms in its application and handling since it is contrary to the Criminal Procedure Code. So, an ideal concept is needed in the criminal justice system in Indonesia, namely its handling by the law enforcement institution of the Attorney General’s Office
Fighting Termination of Investigation Using Universal Sweeping Methods PMH Lawsuit
No full textPolice officers must act professionally, carefully, and cautiously when stopping an investigation from a report from the public, by stating that they did not find a criminal act in the report, so as not to harm the law that is just. Legal efforts to fight the act of stopping the investigation when there are indications that it is not carried out professionally, carefully, and cautiously, even if it is felt that there is an interest of the investigator or the investigator’s superior or a certain party who has very strong economic or political power, is not regulated by Law Number 8 of 1981 concerning Criminal Procedure Law. This study aims to find a legal breakthrough to fight the termination of the investigation in a case that is indicated as a criminal act. This study was conducted with a legislative and conceptual approach. From analyzing the results of the discussion, it can be seen that a lawsuit for unlawful acts based on Article 1365 of the Civil Code can be used as a court order to ’force’ investigators to continue the investigation process to the investigation stage, so that justice, which is the crown of law enforcement, can be achieved