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All Journal Jurnal Sosial dan Teknologi Al-battar: Jurnal Pamungkas Hukum
Bambang Soesatyo
Universitas Borobudur
Humanities Civil Engineering, Building, Construction & Architecture Engineering Environmental Science Law, Crime, Criminology & Criminal Justice Other

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Reconstruction of Mineral and Coal Mining Law Enforcement for The People's Welfare Prisna Setyowati; Bambang Soesatyo
Jurnal Sosial Teknologi Vol. 6 No. 6 (2026): Jurnal Sosial dan Teknologi
Publisher : CV. Green Publisher Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59188/jurnalsostech.v6i6.32857

Abstract

As mandated by Article 33, paragraph (3) of the 1945 Constitution of the Republic of Indonesia, this study aims to examine and reconstruct Indonesia’s mineral and coal mining (minerba) law enforcement, which has not yet fully realized public welfare. This study employed a normative legal research method using statutory and conceptual approaches. The findings show that, despite the provisions contained in Law Number 3 of 2020 concerning Mineral and Coal Mining and Law Number 32 of 2009 concerning Environmental Protection and Management, several significant legal gaps remain, including the lack of integration of strict liability, weak administrative sanctions, the absence of an effective mechanism for restoring community rights, and fragmented supervisory institutions. These gaps have contributed to an imbalance between natural resource exploitation and community welfare, as well as increased environmental degradation. Therefore, a comprehensive reconstruction of law enforcement is needed through the strengthening of administrative sanctions, the integration of the principle of strict liability into the minerba regime, the establishment of a community compensation mechanism, and the reinforcement of integrated cross-sectoral supervision. Furthermore, law enforcement approaches should be directed toward restorative justice and ecological justice, emphasizing environmental restoration and community well-being. Thus, mineral and coal mining law enforcement is expected to serve as an instrument of social justice and environmental sustainability in achieving public prosperity.
Implementation Of Criminal Sanctions Against Companies Violating Provincial Minimum Wages From The Perspective Of John Rawls' Theory Of Justice Dedy Cahyadi; Bambang Soesatyo
al-Battar: Jurnal Pamungkas Hukum Vol. 2 No. 3 (2025): Desember
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/al-battar.v2i3.439

Abstract

 Violation of the Provincial Minimum Wage (UMP) provisions by companies is still a labor problem in Indonesia. Although there are regulations governing the obligation of companies to pay minimum wages and criminal sanctions for violators, implementation in the field still shows many obstacles, such as weak supervision, low deterrent effect of sanctions, and legal loopholes that allow companies to avoid these obligations. This study uses a normative legal method with a statutory and conceptual approach to analyze the effectiveness of criminal sanctions against companies that violate the UMP based on John Rawls' Theory of Justice. The results show that the existing sanction system does not fully reflect the principle of substantive justice because it does not provide maximum protection for the most vulnerable workers (least advantaged). Therefore, reforms are needed in the law enforcement system, including increasing the capacity of labor inspectors, implementing stricter sanctions based on the company's economic scale, and direct compensation mechanisms for workers who experience violations. Thus, the implementation of the UMP policy can better reflect the principles of social justice and fair distribution from the Rawlsian perspective
Strengthening Legal Protection Against Below Minimum Wages Based on the Principle of Morality Sulaiman Amiruddin; Bambang Soesatyo
al-Battar: Jurnal Pamungkas Hukum Vol. 2 No. 3 (2025): Desember
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/al-battar.v2i3.445

Abstract

This study examines legal protection for workers receiving wages below the minimum wage in Indonesia by analyzing Government Regulation Number 51 of 2023 on Wages and Law Number 6 of 2023 concerning Job Creation. Employing a normative legal research method with a statutory and conceptual approach, this research evaluates wage regulation and enforcement through Lon L. Fuller’s principle of legal morality, particularly focusing on legal clarity, consistency, certainty, and conformity between regulation and implementation. The findings indicate that although the existing legal framework formally guarantees workers’ rights to decent wages and provides sanctions for violations, its effectiveness remains limited due to weak labor supervision, inconsistent enforcement, regulatory ambiguities, and low employer compliance. From the perspective of legal morality, these deficiencies undermine the moral integrity of wage law, as regulations often fail to function effectively in practice. Therefore, this study argues that strengthening legal protection requires comprehensive policy reform, stricter and more consistent sanctions, optimization of labor inspection mechanisms, and empowerment of workers and trade unions to ensure that minimum wage regulations operate justly and effectively in safeguarding workers’ welfare.
Reconstruction of Legal Protection for Electronic Land Certificate Holders in The Context of Updating the Digitalbased National Land Law System in Indonesia Muhammad Jeppry Lius; Bambang Soesatyo
Jurnal Sosial Teknologi Vol. 6 No. 7 (2026): Jurnal Sosial dan Teknologi
Publisher : CV. Green Publisher Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59188/jurnalsostech.v6i7.32861

Abstract

In the context of modernizing Indonesia’s digitally based land law system, this study evaluates and reconstructs the legal protection afforded to holders of electronic land certificates. This study employs a normative juridical research method using statutory and conceptual approaches. The findings demonstrate that although Law Number 1 of 2024 concerning Electronic Information and Transactions and Government Regulation Number 18 of 2021 provide a legal foundation for electronic land certificates, the existing legal protection remains suboptimal because of regulatory disharmony, the absence of comprehensive data security standards, and limited infrastructure and public readiness. The study identifies several significant challenges, including the absence of specific regulations governing land data security standards and the vulnerability of electronic systems to cyberthreats. Furthermore, the lack of synchronization between the land law regime and information technology law creates normative ambiguity regarding the evidentiary status of electronic land certificates in judicial proceedings. This study proposes a comprehensive legal reconstruction through regulatory harmonization, the strengthening of digital security systems using technologies such as blockchain and multifactor authentication, and the development of a technology-based legal protection model that guarantees legal certainty and social justice. The proposed reconstruction model encompasses the reform of legal norms, the strengthening of digitally based protection systems, the development of integrated institutions and infrastructure, and the incorporation of fundamental legal values. Accordingly, this model provides a framework for reforming Indonesia’s national land law system to ensure that it remains adaptive and responsive to technological developments.
Co-Authors Dedy Cahyadi Muhammad Jeppry Lius Prisna Setyowati Sulaiman Amiruddin