Lumban Gaol, Heru Saputra
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KEBERLANJUTAN PENATAAN LABEL RAMAH LINGKUNGAN DALAM MENDUKUNG KONSUMSI DAN PRODUKSI BERKELANJUTAN Dhesinta Rini, Wafia Silvi; Lumban Gaol, Heru Saputra
Refleksi Hukum: Jurnal Ilmu Hukum Vol. 9 No. 1 (2024): Refleksi Hukum: Jurnal Ilmu Hukum
Publisher : Universitas Kristen Satya Wacana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24246/jrh.2024.v9.i1.p109-132

Abstract

Abstract Environmental protection instruments in Law Number 32 of 2009 concerning Environmental Protection and Management (UUPPLH) are divided into preventive and repressive. One of the preventive instruments in UUPPLH is an economic instrument. Environmentally friendly labels (ekolabels) are one part of the monetary instrument. The arrangement of ecologically friendly labels is needed to support sustainable consumption and production policies. However, there are still several problems with arranging environmentally friendly labels, one of which is the practice of greenwashing. This study focuses on the issue of whether the arrangement of ecologically friendly labels follows the direction of sustainable consumption and production policies and whether their implementation can reduce greenwashing activities. The method used in this study is normative juridical, which is carried out through a literature study using primary and secondary legal materials. The study's results indicate that the arrangement of voluntary environmentally friendly labels is still insufficient to reduce greenwashing practices, so sustainable consumption and production goals have not been optimally achieved.
Meninjau Kembali Penyelesaian Sengketa Tanah Ulayat Berlandaskan Asas Musyawarah Mufakat: Studi Putusan Nomor 50/Pdt.G/2017/Pn.Son Susanto, Marchel Christoper Farrel; Lumban Gaol, Heru Saputra
SAPIENTIA ET VIRTUS Vol. 10 No. 1 (2025): March
Publisher : Darma Cendika Catholic University

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Abstract

Settlement of ulayat land disputes highlights the tension between the national legal system, which prioritizes formal legality, and customary law, which upholds spiritual, communal, and cultural values. This research focuses on the principle of consensus-based deliberation (musyawarah mufakat) as a dispute resolution approach that emphasizes collective justice, based on a study of Judgement Number 50/Pdt.G/2017/Pn.Son between the Moi Indigenous Peoples and PT Bank Pembangunan Daerah Papua. The research employs a normative juridical method with statutory, conceptual, and case study approaches. The analysis shows that unilateral monetary compensation fails to represent the religio-magical and social values inherent in ulayat land. The principle of musyawarah mufakat, although recognized in Pancasila and customary legal systems, has not been fully integrated into the resolution process through state judicial institutions. A deliberation-based approach offers an impartial, more restorative alternative that aligns with the needs of indigenous communities in preserving their social and cultural existence.