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Protecting the Earth and Upholding the Law in the Climate Crisis, Human Rights, and the Future of the Environment
No full textThis study aims to analyze the interconnection between climate crisis, human rights, and the future of the environment within the framework of international and national law. The climate crisis is not only an environmental issue but also a serious threat to the fulfillment of human rights, such as the right to life, health, and a healthy environment. This research employs a normative juridical method to examine how international and national laws regulate these interconnections and to identify structural weaknesses in the legal system that hinder the enforcement of climate justice. The results indicate that a more adaptive and responsive legal framework is needed to address the climate crisis and human rights protection. This legal framework must be capable of integrating human rights principles into climate policies, ensuring accountability for human rights violations caused by climate change, and promoting public participation in climate-related decision making. The study recommends the harmonization of environmental and human rights laws, as well as strengthening law enforcement mechanisms to achieve sustainable development and climate justice
Bibliometric Analysis of Indigenous and Local Communities' Legal Empowerment in Environmental Governance: Trends, Knowledge Domains, and Policy Implications (2010-2025)
No full textLegal empowerment of indigenous and local communities in environmental governance is a strategic issue increasingly receiving attention in global academic and policy literature. This study aims to examine research development in this area through a bibliometric analysis of publications from 2010 to 2025. The study identifies publication trends, collaborations between authors, key knowledge domains, and emerging policy implications using data from the Scopus and Web of Science databases. The analysis shows a significant increase in publications since 2015, with the focus of research shifting from recognizing legal rights to the participatory empowerment of indigenous and local communities in natural resource management. Key knowledge domain clusters include land rights, participation in decision-making, and the integration of customary law with national legal systems. The proposed policy implications emphasize the importance of strengthening regulations, local community legal capacity, and inclusive participation mechanisms. This study makes an important contribution to filling the gap in systematic reviews and providing strategic direction for developing evidence-based policies in the context of equitable environmental governance
The Role of Environmental Law in Encouraging Climate Adaptation Towards Net Zero Emissions in Indonesia
No full textClimate change is a global challenge caused by human activities and has a broad impact on social, economic, and ecosystem life. In Indonesia, the increasing frequency of natural disasters is clear evidence of the impact of climate change that needs to be responded to immediately through adaptive and equitable legal policies. This research aims to analyze the implementation of environmental law in supporting climate adaptation and achieving the Net Zero Emission (NZE) target. The method used is a qualitative approach through literature study and regulatory analysis. The results show that although Indonesia has a relatively comprehensive legal framework, such as Law No. 32/2009 and its implementing regulations, implementation still faces various structural challenges, including weak law enforcement, overlapping authorities, limited low-carbon technology, and low public participation. In addition, policies such as carbon tax and carbon trading have not run optimally due to weak coordination and resistance from industry players. Therefore, an integrative strategy is needed through strengthening institutional capacity, green economy incentives, increasing environmental literacy, and developing domestic technology. Consistent, participatory, and justice-based law enforcement is the main foundation for Indonesia’s transition to sustainable development and climate resilience
Constitutionality Toward the Environmental in Overcoming the Global Environmental Crisis
No full textEnvironmental law currently faces 3 challenges of the climate crisis that occurs globally which have an impact on climate change, pollution, and biodiversity loss. Environmental changes certainly have an impact on the sustainability of the life of a population of living beings, so a breakthrough is needed, one of which is from the law through a certain policy. The current law seems to be a tool to be used in perpetuating the crisis through the excessive exploitation of natural resources. This research aims to examine breakthroughs in rethinking the function of law. Legal regime that will be formed both at the national and international levels in dealing with environmental crises. This research uses normative legal research with a cognitive approach, where the research approach starts from the views and doctrines that develop in legal science. Understanding these views and doctrines is a basis for researchers to build a legal argument in solving the issues at hand. This research also uses a legislative approach that is carried out by examining all laws and regulations related to the legal issues being handled. The result of this research is the concept of sustainability in environmental issues that must be encouraged more progressively by making rules about the environment. The practice of customary law communities that recognize ecological integrity can be further improved not only at the national level but also at the global level
Alignment of National Mining Law with International Law to Achieve Sustainable Natural Resource Management
No full textThis study aims to analyze the conformity of national mining law with international law, identify legal loopholes and deficiencies in national mining regulations, and formulate recommendations to align national mining laws with international law. There are several legal loopholes and deficiencies in national mining regulations, such as the lack of environmental protection, lack of human rights protection, and lack of transparency and accountability in mining activities. Various steps are needed to align national mining law with international law, such as revising national mining legislation and increasing institutional capacity, human resources, and community participation in the mining decision-making process. Alignment of national mining law with international law is essential to achieving responsible and sustainable mining
Corporate Environmental Responsibility in Bankruptcy: Between Legal Obligations and Avoidance Opportunities
No full textCorporate environmental responsibility (CER) is an essential pillar of modern business, requiring the internalization of external costs and commitment to sustainable operations. However, complexity arises when corporations with substantial environmental liabilities face bankruptcy, creating tensions between financial rehabilitation and environmental protection. Normatively, the polluter pays principle (PPP) requires the perpetrator of damage to bear the costs of remediation. In bankruptcy practice in Indonesia, mechanisms such as liability-free asset sales, the “phoenix company” phenomenon, and limitations on successor liability can provide loopholes for liability avoidance. This study analyzes the priority of environmental liabilities in the bankruptcy claim hierarchy, identifies liability avoidance mechanisms, and examines the role of bankruptcy courts and environmental regulators in balancing financial interests and environmental protection. Using normative legal research methods with data were collected through literature review and analyzed qualitatively-normatively. The results of the study show that the position of environmental liabilities in the bankruptcy claim hierarchy in Indonesia is still very weak, often trapped as concurrent claims. This condition erodes the PPP principle and has the potential to create moral hazard. Existing legal mechanisms and practices facilitate the avoidance of liability through the sale of “net of liability” assets, the practice of “phoenix companies”, and the limitations of the concept of successor liability and accurate assessment of environmental liabilities. In addition, there is an inherent tension between the bankruptcy institution and the environmental regulator, exacerbated by the weakness of the MoEF’s claim position and limited resources. It is recommended that the Government and the DPR immediately revise the Bankruptcy Law to give high priority to environmental claims and close the loopholes for avoidance of liability. It is also important to improve coordination between the Commercial Court and environmental regulators, as well as strengthen the MoEF’s capacity in identifying, collecting environmental claims
Building a Global Legal Culture: Anticipating Climate Change
No full textThe purpose of this study is to study climate change from its various aspects that have a broad impact on the environment. This issue is now a global concern, and it is important to build awareness of the world community in anticipating it. Climate change is characterized by global warming, extreme weather, and various forms of natural disasters that lead to changes in people’s behavior patterns. It also has economic, social, and environmental impacts. The research method of this study is a combination of legislative, conceptual approach, and socio-legal approaches, as well as the harmonization and comparison of various policies and related laws and regulations. The results of the study prove that global cooperation is needed in anticipating this climate change. It requires the development of a comprehensive legal system globally in terms of legal substance, legal structure, and legal culture. However, this paper focuses on building a global legal culture to anticipate climate change and to raise global awareness about the importance of behavioral patterns, consumption patterns, production patterns and lifestyles in anticipating climate change. Building a global legal culture that involves individuals, indigenous peoples, countries, and the world community is a form of anticipating climate change and an effort toward a comfortable life on earth
Implementation of Environmental Management Policy System with Sustainable Development Management
No full textThe environment is complex and presents interesting problems for reviewing more deeply, because the crisis environment is increasingly rampant. Semarang City is one of the cities in Indonesia where people have high mobility to reach every need and dreams. The method this study used is legal empirical. Data analysis in research was done using descriptive analysis. The data used is namely primary and secondary data that will be analyzed in a qualitative way. Problems were analyzed using the theory objective law and theory certainty law. Research results show the efforts of the Semarang city government in the development of a sustainable and insightful environment. This is in line with the regulations regarding sustainable development based on a good environment. The Semarang city government is making an effort to manage and supervise environmental loading an endeavor development that maintains the integrity of the environmental function order. Government efforts in managing and monitoring environment in Semarang city is to realize sustainable development. This is taken in frame to embody Constitution Number 23 of 1997 concerning Management Environment. The Semarang city government, in connection with the government of the Republic of Indonesia, manages the environment with cxvi involving the public in a way that maximizes help for the government in making more decisions that are kind, wise, transparent, logical, and precise. Attitude and behavior in society can influence the management and supervision of environmental life
Reconstruction of Land Law in an Effort to Overcome Agrarian Conflict Which Relates to the Environment (Case Study of Sea Fence in Tangerang Regency)
No full textA crucial issue facing society is agrarian conflict. Unequal development policies, oriented toward capitalism, have dispossessed people’s lands and even conservation areas. This study aims to examine the reconstruction of land law in an effort to address agrarian conflicts related to the environment. The research method used is normative juridical, utilizing secondary legal sources, such as legal literature, journals, books, and other legal documents. In addition, qualitative analysis is applied to evaluate the advantages and disadvantages of land law and the shortcomings of each approach. Findings indicate that maritime fencing and the issuance of land title certificates have occurred in the Tangerang sea area. From these results, it is suggested that with this reconstruction, it is hoped that land law can play an effective role in supporting mitigation and adaptation to environmental crises while ensuring agrarian justice and ecological sustainability
Traces of Hayam Wuruk's Journey in Blitar: A Review of Negarakertagama as a Source of History Learning
No full textHistory is a discipline that plays a crucial role as both a source of knowledge and a collective identity, in which the reconstruction of historical journeys can provide a profound understanding of the dynamics and characteristics of past civilizations. This study aims to find out the traces of the journey of Hayam Wuruk in Blitar in the review of Negarakertagama as a source of historical learning. The main issue examined in this study concerns the effort to identify the records of Hayam Wuruk’s journey as documented in the Negarakertagama, as well as to analyze its potential utilization as a relevant and meaningful learning resource within the context of history education. Hayam Wuruk’s journey is contained in Kakawin Negarakertagama, by Mpu Prapanca, written in 1365 AD, which records in detail the journey around the kingdom undertaken by Hayam Wuruk. In this record, the Blitar area is listed as one of the areas visited and has several important sites, both from religious and political aspects. The method of writing this article uses a historical method in its analysis by Kuntowijoyo, which consists of five stages, that are topic selections, heuristics, criticism, interpretation, and historiography. The results of writing the articles obtained include (1) traces of the Hayam Wuruk travel site, and (2) its use as a learning resource. The conclusion of this writing is to discuss the traces of Hayam Wuruk’s journey in Blitar in Negarakertagama and its use as a source of historical learning by developing a documentary film