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The Legal Protection of Mining Land in Indonesia
No full textLegal protection for mining land in Indonesia is regulated with various laws and regulations, including Law Number 4 of 2009 concerning Mineral and Coal Mining, and other derivative regulations. The purpose of this legal protection is to ensure environmental sustainability, protect community rights, and ensure that mining activities are carried out responsibly. This study aims to determine the laws and regulations governing environmental management, including environmental permits, waste management, and post-mining land reclamation. The Minerba Law also regulates the protection of communities affected by mining. Including the rights of indigenous peoples, and the related compensation and rehabilitation. Mining activities must be carried out with attention to social and environmental aspects, and efforts must be made to prevent possible negative impacts. This study uses a legal approach and concludes on the necessity of legal protection that ensures environmental sustainability, realizes community welfare, ensures social justice, and realizes sustainable mining activities. Legal protection regarding mining land in Indonesia is very important to ensure that mining activities are carried out responsibly and do not cause major negative impacts on the environment and society. Strong laws and regulations and their enforcement are key to achieving sustainability goals in mining activities
Traditional Ecological Knowledge and the Law Toward Inclusive Environmental Governance
No full textTraditional ecological knowledge (TEK) has been a key pillar in maintaining the sustainability of ecosystems by indigenous and local communities for centuries. TEK not only reflects a deep understanding of natural cycles and biodiversity, but also contains spiritual, social, and cultural values that shape sustainable resource management practices. However, the existence of TEK is still often marginalized in the formal legal framework that is more dominated by modern Western-based scientific approaches. This article examines the urgency of integrating TEK into national and international legal systems as part of efforts to build inclusive environmental governance. Through a juridical-normative approach and comparative analysis of case studies in Indonesia, Canada, and Brazil, this article highlights the importance of implementing legal pluralism, namely the recognition and coexistence of state law and customary law. It is found that strengthening the legal position of TEK can support environmental conservation, biodiversity protection, and community resilience to climate change. In addition, this article identifies key challenges in the integration of TEK, such as the recognition of indigenous land rights, protection of collective intellectual property, and guaranteeing cultural sovereignty. The discussion is strengthened by an analysis of international legal instruments such as the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) and the Convention on Biological Diversity (CBD), which serve as normative bases in recognizing indigenous peoples’ rights
Environmental Law Reform to Realize Synergy Between Economic Growth and Natural Sustainability
No full textSustainable development has become a global imperative, but the reality often shows tension between the ambition of economic growth and the urgent need for environmental sustainability. This arises from a development paradigm that tends to ignore ecological impacts for short-term economic targets, which ultimately threatens the availability of natural resources and the quality of life of future generations. Despite the existence of various environmental legal regulations that have been formulated, such as Law of the Republic of Indonesia Number 32 of 2009 concerning Environmental Protection and Management in Indonesia and various international standards, implementation in this field still has a number of weaknesses. These weaknesses include weak law enforcement, overlapping regulations, minimal effective public participation, and a lack of incentives for business actors to integrate environmental principles into their operations. This study uses a normative research method analyzing laws and regulations and reviewing implementation practices and relevant case studies (empirical) to identify the root causes of these weaknesses. Data were collected through literature studies and legal document analysis. This normative approach method allows for the identification of gaps between regulatory idealism and implementation reality, and formulating recommendations based on evidence. The results of the discussion in this study examine the urgency of comprehensive environmental law reform not only limited to regulations but also involving institutional mechanisms, stronger and more transparent law enforcement, and increasing public awareness and participation. Reform is directed at creating a legal framework that is adaptive, predictive, and able to balance the demands of economic growth with environmental carrying capacity. The solutions offered include strengthening environmental economic instruments, simplifying transparent and accountable environmental permits, and increasing the capabilities of law enforcement officers. Thus, it is hoped that a harmonious synergy can be realized between inclusive economic growth and ecosystem sustainability to achieve sustainable development that is fair and sustainable
Recognition and Protection of the Economic, Social, and Cultural Rights of Customary Legal Communities from a Constitutional Perspective
No full textThis paper examines the recognition and regulation of the economic, social, and cultural rights (ECOSOC) of indigenous peoples (MHA) in the Indonesian constitution, specifically the 1945 Constitution. The main focus is directed at articles such as Article 18B paragraph (2), 28G, 28H, 28I, and 33 paragraph (3), and their relationship to international instruments such as the International Covenant on Economic, Social and Cultural Rights (ICESCR) and the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). The research approach used is normative juridical with a qualitative descriptive analysis method of primary and secondary legal materials. The findings show that although the constitution has provided a strong foundation for the recognition of MHA rights, its implementation is still hampered by inconsistent sectoral regulations, such as the Mining Law, the Forestry Law, and the Job Creation Law. Case studies such as the MIFEE project in Papua and the agrarian conflict in West Sumatra show the inequality of legal protection in the field. Constitutional Court Decision No. 35/PUU-X/2012 is an important milestone but is not strong enough due to the multi-interpretable phrase “as long as it is alive.” This research encourages revision of sectoral laws, strengthening of the legal standing of MHA, and harmonization between national laws and international human rights principles to realize ecological and social justice
Optimizing Climate Change Mitigation Through Legal Harmonization in Forest Governance
No full textThe global climate crisis has become a real threat that demands a comprehensive legal response, especially in the forestry sector, as the main pillar of carbon emission mitigation. This study aims to analyze the weaknesses and disharmony of law in forest governance in Indonesia and to formulate strategies for optimizing climate change mitigation through harmonization of national and international laws. The method used is normative juridical with a descriptive-qualitative approach, examining national legal instruments such as Law No. 41 of 1999 concerning Forestry, Presidential Instruction No. 10 of 2011, and the moratorium policy through Presidential Instruction No. 6 of 2013, which is linked to international commitments such as the UNFCCC, Kyoto Protocol, and Paris Agreement. The results of the study show that national regulations have not fully adopted the principles of international environmental law, such as intergenerational justice, prudence, and sustainable development. There are overlaps, weaknesses in legal substance, and weak effectiveness of law enforcement. By using the theory of justice as the Grand Theory, the theory of legal effectiveness as the Middle Range Theory, and the theory of the formation of laws and regulations as the Applied Theory, this study recommends legal harmonization as the main solution. Harmonization includes the integration of regulatory substance, improvement of institutional structures, and the formation of participatory, accountable, and ecologically oriented laws and regulations. This effort is an absolute requirement to make the forestry sector a strategic instrument in dealing with the climate emergency fairly and sustainably
The Impact of the Construction of Dhoho Kediri International Airport on Improving Welfare
No full textThe purpose of this study is to analyze the impact of the airport development project on economic development. The research location is in the residential area , where the majority of the average community of works at the airport. The result of the study shows that changes in land occurred in Grogol and Tarokan District, the highest change occurred in gardens and in paddy fields. The high conversion rate of agricultural land can have implications for the transformation of the livelihoods of the population who previously depended on the agricultural sector. In addition, there is also an increase in employment and entrepreneurial opportunities for the community around the airport project. The method of this research uses a descriptive method with a qualitative approach. This was used to deepen the meaning of one phenomenon that happened. The technique of data collection is done by in-depth interviews, participatory observation, documentation, and triangulation, so that the data and information support of this was used to support the aim of this research
Legal Recognition and Protection of Indigenous Land Rights: Analysis of the Legal Framework to Achieve Sustainable Development Goals
No full textThe recognition and protection of customary land rights are crucial for the sustainable management of natural resources and the achievement of the Sustainable Development Goals (SDGs). Despite existing regulations such as the Basic Agrarian Law (UUPA No. 5/1960), the implementation of customary land rights remains hindered by legal ambiguities and conflicts with other sectors such as agriculture, mining, and infrastructure development. This study employs a qualitative approach to analyze the challenges in the legal recognition of customary land rights and examines practices from countries such as Canada, Australia, New Zealand, and Brazil. The findings suggest that the legal recognition of customary land rights must be strengthened through more inclusive reforms, allowing indigenous people to actively contribute to the achievement of SDGs, particularly in the areas of climate action and environmental conservation. The study recommends improving legal access for indigenous peoples, enhancing their empowerment in natural resource management, and integrating customary land rights into national sustainable development policies
Legal Protection of Vulnerable Communities in Environmental Justice in the Climate Era
No full textThis study examines legal protection for vulnerable communities from the perspective of environmental justice and human rights in the era of climate change. Climate change exacerbates the vulnerability of marginalized groups, thus requiring a comprehensive legal approach. This study analyzes how existing legal and policy frameworks, both at the national and international levels, can effectively protect the rights of vulnerable communities affected by climate change. Environmental justice is the main focus of these frameworks, ensuring that environmental burdens are distributed fairly and do not disproportionately burden vulnerable groups. In addition, the study explores the role of corporate responsibility in climate change mitigation and adaptation, highlighting how business activities can impact the human rights of vulnerable communities. Stakeholder engagement, including consumers and investors, is considered essential in driving sustainable business practices. The study aims to identify gaps in current legal protections and propose policy recommendations to improve environmental justice and human rights for vulnerable communities in the era of climate change. It emphasizes the need for urgent action to protect groups most vulnerable to the impacts of climate change, considering ethical, social, and economic dimensions to achieve equitable and sustainable solutions
Application of Criminal Sanctions Against Drug Crimes in Cirebon Jurisdiction
No full textRecently, narcotics and illegal drugs crimes have become transnational in nature, carried out with high modus operandi and sophisticated technology. Law enforcement officers are expected to be able to prevent and overcome these crimes in order to improve the morality and quality of human resources in Indonesia, especially for the next generation. This study aims to determine the application of criminal sanctions against narcotics crime perpetrators in the Cirebon jurisdiction. It uses a normative legal approach and normative legal research method. The legal research is conducted by examining library materials or secondary data. The research specification used is analytical descriptive, used to to analyze and explain legal problems related to objects with a comprehensive and systematic description of everything related to the application of criminal sanctions against narcotics crime perpetrators. This implementation is carried out based on Law Number 35 of 2009 concerning Narcotics. The sanctions given to perpetrators of narcotics crimes are imprisonment for 4 years and a fine of IDR. 800,000,000 (eight hundred million rupiah). Obstacles that arise in the implementation of criminal sanctions against narcotics crime offenders are certainly inseparable from the law enforcement process itself. A crucial problem in law enforcement against narcotics crimes is the difficulty of tracking the whereabouts of narcotics criminals
AI Abuse and Its Implications for Global Environmental Law
No full textThe development of artificial intelligence (AI) technology has brought extraordinary benefits to various sectors of human life. However, behind its potential, AI also carries serious risks to digital security and the environment. Misuse of AI, including manipulation of emission data, the spread of environmental disinformation, and the use of autonomous AI to hide illegal industrial activities, creates new challenges for criminal law and environmental law. This study uses a normative and conceptual legal approach to examine forms of the misuse of AI and their implications for the global environmental law system. The results show that Indonesia does not yet have adequate regulations. Therefore, it is necessary to establish a new legal framework that is interdisciplinary, responsive to technological developments, and pays attention to the precautionary principle in international environmental law