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Eksploitasi Mikroorganisme Laut Dalam: Tantangan Baru Dalam Rezim Hukum Laut Internasional M. Gerry Alfandos; M. Farhan Hasan; Adib Kumara Reisman
Jurnal Kajian Hukum dan Pendidikan Kewarganegaraan Vol. 2 No. 3 (2026): April - Juni
Publisher : GLOBAL SCIENTS PUBLISHER

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Abstract

The advancement of marine biotechnology in the 21st century has transformed deep-sea microorganisms into highly valuable objects of exploitation, particularly due to their potential in the pharmaceutical industry, industrial enzymes, and biofuels. However, behind this promising prospect, the existing international law of the sea regime—primarily UNCLOS 1982—has not been able to adequately regulate the utilization of marine genetic resources (MGR), especially in areas beyond national jurisdiction (ABNJ). This study aims to analyze two main issues: first, the normative gaps and ambiguities within UNCLOS regarding deep-sea MGR; and second, the extent to which the 2023 BBNJ Agreement is capable of addressing these legal challenges. The method employed is normative legal research through a juridical-normative approach, drawing on international regulations, legal doctrines, and relevant scientific literature. The analysis reveals that the regulatory vacuum in UNCLOS has created significant disparities in access between developed and developing countries, opened opportunities for biopiracy, and threatened the sustainability of highly vulnerable deep-sea ecosystems. The 2023 BBNJ Agreement represents an important step forward, yet several issues remain unresolved, including the regulation of Digital Sequence Information (DSI) and concrete implementation mechanisms. This study also formulates policy recommendations for Indonesia as an archipelagic state with substantial strategic interests in the international governance of deep-sea MGR.
Analisis Persetujuan Berusaha PT Ratu Samban Mining Bengkulu Tinjauan dari Hukum Tata Ruang Muhammad Adrian Fitra Yamazaki; Aldo Kurniawan; Adib Kumara Reisman; Fadel Jovinka; Edra Satmaidi
Jurnal Pustaka Cendekia Hukum dan Ilmu Sosial Vol. 4 No. 1 (2026): Jurnal Pustaka Cendekia Hukum dan Ilmu Sosial Volume 4 Nomor 1 February - May 2
Publisher : PT PUSTAKA CENDEKIA GROUP

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70292/pchukumsosial.v4i1.258

Abstract

This study aims to analyze the legal validity of the Business Approval of PT Ratu Samban Mining (RSM) from the perspective of Law Number 26 of 2007 on Spatial Planning. This research employs a normative legal method using statutory and case approaches. The findings indicate that although PT RSM formally possesses a mining business permit, substantively there are indications of non-compliance with the Regional Spatial Plan (RTRW), particularly concerning alleged operations in protected areas and the low post-mining reclamation rate of only 28.57%. Such inconsistencies may render the business approval legally void as stipulated in Article 37 paragraph (7) of the Spatial Planning Law. The legal implications include administrative sanctions, criminal liability, and obligations to restore spatial functions. Furthermore, the study identifies structural weaknesses in spatial planning supervision, including inadequate field verification and lack of institutional coordination. Therefore, strengthening supervision mechanisms, conducting periodic spatial audits, and improving policy harmonization are essential to ensure sustainable spatial utilization.