Gregorius Eka Januario CAB
Universitas 17 Agustus 1945 Surabaya, Indonesia

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Equitable Policy Reform through an Interest-Balancing Approach as a Solution for the Development of Solar and Wind Energy in Indonesia Fareh Prameswari; Putra Chinto Chamicho; Gregorius Eka Januario CAB
Jurnal Mengkaji Indonesia Vol. 4 No. 1 (2025): July
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jmi.v4i1.1353

Abstract

Abstract: The dominance of fossil fuels in Indonesia's energy sector has led to environmental degradation and growing energy subsidies. Amid escalating global demands for sustainable energy, Indonesia possesses vast potential in solar and wind resources, yet remains underutilized due to high capital costs, policy inconsistencies, and regulatory uncertainties. Purpose: This study aims to explore how equitable policy reform, through an interest-balancing approach, can facilitate the acceleration of solar and wind energy development in Indonesia. Design/Methodology/Approach: Employing normative legal research with statute and conceptual approaches, the study critically analyzes legal frameworks, government regulations, and doctrinal views on renewable energy investment. Findings: The findings reveal that the Risk-Based Online Single Submission (OSS RBA) system, while intended to streamline licensing, often exacerbates environmental risks and excludes community participation. Moreover, sudden regulatory shifts, lack of legal enforcement, and weak post-licensing supervision undermine investor confidence. Drawing from international practices such as New Zealand’s Treaty of Waitangi-based model and Canada’s implementation of Free, Prior, and Informed Consent (FPIC), the paper argues for a balanced policy model integrating investor certainty, environmental protection, and community rights. Originality/value: This article contributes original insights into the shortcomings of Indonesia’s current regulatory ecosystem and proposes the adoption of an interest-balancing approach informed by the Economic Analysis of Law and the Triple Bottom Line framework (Profit, People, Planet). It provides a novel prescriptive legal solution for enabling a more inclusive, sustainable, and investment-friendly environment for renewable energy development.
Beyond Anthropocentrism: An Intersectional Ecofeminist Framework for Environmental Law Policy toward Ecological Justice Fareh Prameswari; Gregorius Eka Januario CAB
Mimbar Keadilan Vol. 19 No. 2 (2026): Agustus 2026
Publisher : Faculty of Law, Universitas 17 Agustus 1945 Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30996/mk.v19i2.133787

Abstract

Environmental crises and land-use conflicts have demonstrated that the consequences of ecological degradation are not distributed equally but instead disproportionately intensify the marginalization of women through the loss of access to land, water resources, and living environments. Although Indonesia has established a comprehensive environmental legal framework, existing policies have yet to adequately address the intersecting vulnerabilities experienced by women as a disproportionately affected group. This study aims to examine the impact of environmental crises and land-use conflicts on the marginalization of women and to critically analyze Indonesia's environmental legal framework through the lens of intersectional ecofeminism in order to advance ecological justice. Employing a normative legal research methodology, the study adopts a statutory approach, a conceptual approach, and a case approach. The analysis is conducted prescriptively through the examination of legislation, legal doctrine, and selected environmental conflict cases in Indonesia. The findings reveal that Indonesia's environmental legal framework remains grounded in an anthropocentric paradigm, conceptualizes society as a homogeneous legal subject, and has yet to incorporate gender and intersectional perspectives into the formulation and implementation of environmental policies. As its principal contribution, this study proposes an intersectional ecofeminist framework for the development of environmental law and policy based on four interrelated pillars: gender-responsive environmental governance, an Intersectional Gender Impact Assessment, meaningful participation of women in environmental decision-making, and strengthened legal protection for Women Environmental Human Rights Defenders (WEHRDs). Collectively, these pillars provide a normative framework for advancing a more inclusive, gender-responsive, and substantively just model of ecological justice.