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All Journal JURNAL CENDEKIA HUKUM Al-Manhaj: Jurnal Hukum dan Pranata Sosial Islam
Rosi Liandani
Universitas Singaperbangsa Karawang
Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice

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Legal Governance Failures in Environmental Supervision: A Constitutional Analysis of Flash Flood Disasters in Indonesia Aslan Noor; Jaenal Abidin; Andika Kharisma; Rosi Liandani
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 8 No. 2 (2026)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v8i2.9699

Abstract

The November 2025 hydrometeorological disaster in Aceh, North Sumatra, and West Sumatra, which caused approximately 800 fatalities and displaced hundreds of thousands of residents, raises a fundamental constitutional question: whether the disaster resulted from natural forces or systemic governance failure. This normative legal research examines that question through legislative, conceptual, and case-based approaches, analyzing Law No. 32 of 2009 on Environmental Protection and Management, Law No. 41 of 1999 on Forestry, and Law No. 18 of 2013 on Forest Destruction Prevention. The research identifies a tripartite governance failure: permissive licensing that authorized ecologically destructive activities in upstream watersheds, supervisory fragmentation that prevented timely regulatory intervention, and reactive enforcement oriented toward administrative sanction rather than ecological restoration. This research makes a distinct theoretical contribution by reframing governance-driven ecological disasters as constitutional accountability failures under Article 28H paragraph (1) of the 1945 Constitution, rather than as mere administrative irregularities, thereby elevating the standard of the institutional remedy required. The research recommends restructuring the AMDAL instrument, clarifying inter-institutional supervisory jurisdiction to operationalize accountability under Article 112, and mandating restorative obligations as legally enforceable consequences of environmental harm.
EFFECTIVENESS OF ENFORCEMENT OF ADMINISTRATIVE SANCTIONS ON TENANTS IN THE INDUSTRIAL AREA AFTER REGULATION CHANGES Rosi Liandani; Ade Maman Suherman; Tri Setiady; Wiwin Triyunarti
JCH (Jurnal Cendekia Hukum) Vol 11, No 2: JCH (JURNAL CENDEKIA HUKUM)
Publisher : LPPM STIH Putri Maharaja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33760/jch.v11i2.1253

Abstract

Enforcing environmental law in industrial areas is an important tool for preventing pollution and environmental damage from industrial activity. However, changes in regulations post-implementation, Constitution Number 6 of 2023 concerning Job Creation, and Government Number 22 of 2021 raise issues regarding the distribution of authority for supervising and implementing administrative sanctions against area tenants in the industry. Research this aim: analyse the authority manager area industry in a supervision environment, and evaluate the effectiveness of enforcement sanctions against area tenants in the industry. Research: This use-method study law normative with legislative, conceptual, and empirical (socio-legal) approaches. Research results show that the manager area industry basically has no independent authority for administrative sanctions. Because authority is authority, the public is only owned by the state administration. Conditions: This leads to a lack of authority and uncertainty in the practice supervision environment. In addition, the effectiveness of enforcement law is influenced by multiple interpretations of authority between government and managers, inconsistent enforcement mechanisms, limited supervisory capacity, lack of coordination between agencies and managers, and supervisory mechanisms that are not operating optimally. Therefore, it is necessary to clarify the distribution of regulatory authority and strengthen environmental supervision mechanisms to enhance the effectiveness of law enforcement in the industrial sector.
Co-Authors Ade Maman Suherman Andika Kharisma Aslan Noor Jaenal Abidin Tri Setiady Wiwin Triyunarti