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Ni Luh Made Mahendrawati
Universitas Warmadewa, Denpasar-Bali, Indonesia
Law, Crime, Criminology & Criminal Justice

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An Equitatable Partnership Model for Natural Resource Investment: Reconciling Capital, Finance, and Community Welfare in Indonesia's Palm Oil Sector Muhammad Ihsan; Ni Luh Made Mahendrawati; I Gusti Bagus Suryawan; Ni Komang Arini Styawati
Journal Equity of Law and Governance Vol. 8 No. 1 (2026): Journal Equity of Law and Governance
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/elg.8.1.2026.8-15

Abstract

This study develops a transformative partnership model to address structural injustice in the utilization of Indonesia's natural resources, focusing on the palm oil sector. Employing a mixed-method socio-legal approach, it finds that existing partnerships—transactional, labor-based, and the mandated nucleus-plasma scheme—perpetuate colonial and New Order-era inequalities, violating principles of both deontological and teleological justice. A stark welfare paradox is identified: corporate plantation workers remain in low-wage dependency, while independent smallholders in cooperatives achieve significantly higher income and asset ownership. The analysis, framed by Rawlsian and Walzerian theories of justice and New Institutional Economics, reveals that current regulations create high transaction costs and path dependency that favor capital. The proposed model, "Justice as Redistribution and Reciprocal Advantage," advocates for a state-mediated, bank-financed gradual redistribution of corporate land to farmer cooperatives, coupled with corporate transition into downstream industries. This creates a Kaldor-Hicks efficient "win-win" scenario, fulfilling the constitutional mandate for natural resources to serve the people's greatest prosperity. The study concludes that only a radical restructuring of asset ownership and partnership governance can achieve substantive equity.
Reconstruction of Source-Based Waste Management Policy in Supporting Sustainable Tourism in Bali Yohanes I Wayan Suryadi; Ni Luh Made Mahendrawati; I Gusti Bagus Suryawan
Journal Equity of Law and Governance Vol. 8 No. 1 (2026): Journal Equity of Law and Governance
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/elg.8.1.2026.45-53

Abstract

This study examines the reconstruction of source-based waste management policies in supporting sustainable tourism in Bali which faces major problems in the aspect of policy implementation. Although there have been various regulations, the existing regulations are still declarative, not yet operational, and have not been able to integrate the legal substance, institutional structure, and legal culture of the community. On the other hand, Bali has the strength of local values such as Tri Hita Karana and mutual cooperation that have not been fully institutionalized in the formal legal system, so waste management still depends on social awareness, not binding legal obligations. This study uses a normative juridical method with a legislative, conceptual, and comparative legal approach to practice in Japan, South Korea, and Singapore. The results of the study show the need for policy reconstruction through a hybrid legal system model that integrates state law, customary law, economic instruments, education, and technology. This model emphasizes strengthening operational norms, institutional integration, and the proportional role of traditional villages and tourism industry players. Thus, waste management not only improves the quality of the environment, but also strengthens the competitiveness of Bali's sustainable and ecologically just tourism.
Co-Authors Muhammad Ihsan Ni Komang Arini Styawati suryawan, Gusti Bagus Yohanes I Wayan Suryadi