Article Per Year (5 Year)
p-Index From 2021 - 2026
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All Journal JHCLS Journal of Sustainable Development and Regulatory Issues
Anis Mashdurohatun
Faculty of Law, Universitas Islam Sultan Agung, Semarang
Environmental Science Health Professions Law, Crime, Criminology & Criminal Justice Public Health

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Regulatory Reform of Evidence Confiscation in Forestry Crimes for Sustainable Environmental Governance R. Hendral R. Hendral; Anis Mashdurohatun; Permana Adi Kusumah; Fahmi Amrullah; Mahmoud Ismail
Journal of Sustainable Development and Regulatory Issues (JSDERI) Vol. 4 No. 2 (2026): Journal of Sustainable Development and Regulatory Issues
Publisher : Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jsderi.v4i2.397

Abstract

Regulations governing evidence confiscation in forestry crimes fail to ensure legal certainty and equitable protection, resulting in inconsistent enforcement and inadequate safeguards for indigenous peoples and forest dependent communities. This study analyzes the existing regulatory framework, identifies its normative weaknesses, and develops a regulatory reconstruction that strengthens legal certainty and justice in accordance with Article 28D paragraph (1) of the 1945 Constitution. The research adopts a constructivist paradigm and applies a socio legal approach to examine the relationship between legal norms and social realities. The study employs Justice Theory as the grand theory, Legal System Theory as the middle range theory, and Legal Protection Theory together with Progressive Law Theory as the applied theoretical framework. The findings demonstrate three principal results, first, the current legal framework fails to provide adequate legal remedies to challenge unlawful confiscation, establish compensation for wrongful seizures, impose accountability on officials who exceed their legal authority, and protect the customary rights of indigenous communities. Second, the existing regulatory framework contains significant deficiencies in post judgment objection procedures, the legal regulation of found timber utilization, and land management following state repossession, thereby undermining legal certainty and equitable protection. Third, the study proposes a comprehensive reconstruction of the Forestry Law, the Law on the Prevention and Eradication of Forest Destruction, and the relevant Presidential Regulation by introducing objection mechanisms, compensation provisions, procedural safeguards, and agrarian reform measures. These reforms establish a coherent and constitutionally consistent legal framework that strengthens legal certainty, enhances the protection of community rights, improves accountability in law enforcement, and supports sustainable forest governance.
Trademark Protection Regulations for MSMEs in Advancing an Equitable Creative Economy Anis Mashdurohatun; Tri Atika Febriany; Jentung Wisnu Murti; Seftia Azrianti; Mustafa Khedewi
Journal of Human Rights, Culture and Legal System Vol. 6 No. 2 (2026): Journal of Human Rights, Culture and Legal System
Publisher : Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jhcls.v6i2.1020

Abstract

Trademark protection for Micro, Small, and Medium Enterprises (MSMEs) is essential to ensuring legal certainty, enhancing business competitiveness, and fostering an equitable creative economy. However, Indonesia's current trademark legal framework remains insufficiently responsive to the distinctive needs and characteristics of MSMEs. This study aims to examine the shortcomings of the current trademark protection framework applicable to MSMEs and to formulate an ideal regulatory model capable of supporting the development of an equitable creative economy. Adopting a socio-legal research method with statutory and conceptual approaches, this study finds that trademark protection for MSMEs remains inadequate due to the implementation of the first to file principle, the absence of affirmative legal protection, weak institutional coordination, limited access to legal assistance, and the ineffectiveness of trademark infringement enforcement mechanisms in the digital era. Accordingly, reconstruction of the trademark protection framework is necessary through a justice oriented regulatory model that integrates affirmative protection for MSMEs, institutional strengthening, and digital law enforcement in order to ensure legal certainty, substantive justice, and sustainable economic development.
Co-Authors Fahmi Amrullah Febriany, Tri Atika Jentung Wisnu Murti Mahmoud Ismail Mustafa Khedewi Permana Adi Kusumah R. Hendral R. Hendral Seftia Azrianti