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All Journal SASI Jurnal Ragam Pengabdian
Bhyasa, Putu Paramaditya Bhaskara
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Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Comparative of Environmental Law Enforcement Based on Legal Pluralism in Indonesia and Hungary: Efforts to Protect Indigenous Communities in Achieving Sustainable Environmental Governance Bhyasa, Putu Paramaditya Bhaskara; Kurniawan, I Gede Agus; Nikolet, Talabos Dávidné Lukács
SASI Volume 32 Issue 2, June 2026
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v32i2.3828

Abstract

Introduction: Environmental law enforcement is a comprehensive effort that involves all aspects, including indigenous communities, by accommodating the perspective of legal pluralism. Purposes of the Research: This research focuses on analyzing environmental law enforcement based on the concept of legal pluralism and efforts to protect indigenous communities in Indonesia and Hungary as an effort to achieve sustainable environmental governance. Methods of the Research: This research is a normative legal study with a conceptual, comparative, and legislative approach. Results of the Research: Environmental law enforcement based on legal pluralism must be grounded in the concept of environmental sustainability, which is based on several principles, namely the principles of prevention, responsibility, justice, participation, sustainability, and restoration. The comparison of environmental law enforcement between Indonesia and Hungary in protecting indigenous communities reveals substantial similarities regarding the existence of legal instruments to regulate optimal environmental law enforcement. However, the regulations regarding the approach to legal pluralism related to environmental law enforcement in Indonesia and Hungary can be said to still be suboptimal. This research recommends that Indonesia needs a hybrid customary-state forum based on deliberation for the integration of state, customary, and religious laws based on pluralism, while Hungary requires reforms in line with the spirit of the EU Roma Framework 2030 thru post-disaster renovation to avoid environmental racism.
Harmonisasi Awig-Awig dan Undang-Undang Nomor 32 Tahun 2009 dalam Penegakan Hukum Pencemaran Lingkungan Pesisir di Nusa Lembongan Bhyasa, Putu Paramaditya Bhaskara; Sri Rahayu, Anak Agung Ayu Ngurah
Jurnal Ragam Pengabdian Vol. 3 No. 2 (2026): Mei-Agustus, Sustainable Development Goals (SDGs): Multidisciplinary Perspectiv
Publisher : Lembaga Teewan Journal Solutions

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62710/0endn835

Abstract

The rapid growth of tourism in Nusa Lembongan has strengthened the local economy but has also increased the risk of coastal environmental pollution from hotels, restaurants, and marine tourism activities. Environmental protection is governed through the coexistence of awig-awig (customary law) and Law Number 32 of 2009 on Environmental Protection and Management. Differences in their principles and enforcement mechanisms create challenges in achieving effective environmental governance. This study aims to analyze the challenges of harmonizing awig-awig with Law Number 32 of 2009 and to identify strategies for strengthening environmental law enforcement against coastal pollution. An empirical legal research design was employed using statutory and factual approaches. Data were collected through interviews, observations, documentation, and literature review, and analyzed qualitatively. The findings indicate that harmonization is constrained by weak coordination between customary and government institutions, differences in enforcement procedures, and the lack of integration between customary and statutory sanctions. Effective harmonization requires aligning the provisions of awig-awig with national legislation, strengthening institutional coordination, increasing community participation, and improving the supervision of tourism-related business activities. Integrating customary and state legal systems can enhance environmental law enforcement, strengthen legal certainty, and support the long-term sustainability of Nusa Lembongan’s coastal environment. 
Co-Authors I Gede Agus Kurniawan Nikolet, Talabos Dávidné Lukács Sri Rahayu, Anak Agung Ayu Ngurah