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All Journal Perkara: Jurnal Ilmu Hukum Dan Politik Jaksa: Jurnal Kajian Ilmu Hukum Dan Politik
Maulana Fahmi Idris
Universitas Sains dan Teknologi Komputer, Semarang, Indonesia
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Legal Fragmentation in Regional Environmental Governance: Evaluating Decentralized Mining Policies in Indonesia Maulana Fahmi Idris
Perkara : Jurnal Ilmu Hukum dan Politik Vol. 4 No. 1 (2026): Maret: Perkara Jurnal Ilmu Hukum dan Politik
Publisher : Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/3jmwhf91

Abstract

Legal fragmentation has become a significant challenge in decentralized environmental governance, particularly within extractive sectors in developing countries. This study examines how decentralized mining policies in Indonesia generate regulatory fragmentation and influence environmental governance performance across multiple administrative levels. A qualitative comparative case study approach is employed to analyze mining governance dynamics in selected regions with varying institutional capacities. Data were collected through semi-structured interviews with key stakeholders, including government officials, environmental regulators, civil society organizations, and local communities, complemented by systematic analysis of policy documents and regulatory frameworks. The data were analyzed using thematic comparative analysis to identify patterns of regulatory overlap, authority conflict, and policy inconsistency. The findings indicate that decentralization in the mining sector produces structural fragmentation characterized by overlapping regulations, weak intergovernmental coordination, and inconsistent policy implementation. These conditions are reinforced by divergent institutional priorities, where regional governments prioritize economic development while central authorities emphasize regulatory control and environmental protection. Such misalignment contributes to governance inefficiency and increases environmental risk. This study contributes to Multi-Level Governance and Institutional Fragmentation Theory by demonstrating that legal fragmentation is not merely an administrative issue but a structural governance condition shaped by institutional design and political-economic incentives. A regulatory fragmentation framework is proposed to explain how multi-level governance misalignment affects environmental outcomes in extractive industries. The study concludes that improving environmental governance in decentralized mining systems requires integrated regulatory coordination and strengthened multi-level governance mechanisms rather than relying solely on centralization reforms.
Konstruksi Diskresi Jaksa dalam Penghentian Penuntutan Berdasarkan Keadilan Restoratif: Studi Grounded Theory pada Perkara Pidana Umum Maulana Fahmi Idris; Sri Yulianingsih; Poppy Fitrijanti Soeparan
Jaksa : Jurnal Kajian Ilmu Hukum dan Politik Vol. 4 No. 3 (2026): JULI: Jurnal Kajian Ilmu Hukum dan Politik (JAKSA)
Publisher : Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/djmkyv34

Abstract

This study aims to develop a substantive theory explaining the construction of prosecutorial discretion in the termination of prosecution under restorative justice in Indonesia. Although restorative justice has increasingly been incorporated into contemporary criminal justice systems, the mechanisms through which prosecutors construct and legitimize decisions to discontinue prosecution remain insufficiently understood. Using a grounded theory approach, data were collected through in-depth interviews, document analysis, and theoretical sampling. Data analysis was conducted through iterative stages of initial coding, focused coding, and theoretical coding until theoretical saturation was achieved. The findings reveal that prosecutorial discretion does not operate as a linear administrative procedure but rather as a dynamic and recursive multi-rationality causal system. The study develops a theoretical model termed the Structured Tension–Based Restorative Rationality Mechanism (ST-RRM) , which explains that prosecutorial decisions emerge through the interaction of legal thresholds, restorative validation, relational legitimacy, institutional constraints, and prosecutorial professional identity. The findings indicate that restorative rationality becomes the dominant decision-making logic when three key conditions are simultaneously satisfied: legal eligibility, socially validated victim restoration, and relational legitimacy. Nevertheless, the decision-making process remains embedded within structural constraints, allowing outcomes to be continuously reassessed through institutional and social feedback mechanisms. This study contributes to the literature on prosecutorial discretion by introducing a multi-rationality structured tension theory , conceptualizing discretion as a socio-institutional construction process that integrates legal certainty, victim restoration, and social legitimacy within an adaptive decision-making system.
Co-Authors Poppy Fitrijanti Soeparan Sri Yulianingsih