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All Journal Jurnal Hukum, Politik dan Ilmu Sosial (JHPIS) Jurnal Pendidikan dan Sosial Humaniora
Agustapa Agustapa
Universitas Andi Sudirman
Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Analisis Yuridis Implementasi Prinsip Strict Liability dalam Pertanggungjawaban Pelaku Kerusakan Lingkungan Hidup di Indonesia Nurmi Sari; Agustapa Agustapa
JURNAL HUKUM, POLITIK DAN ILMU SOSIAL Vol. 5 No. 3 (2026): September: JURNAL HUKUM, POLITIK DAN ILMU SOSIAL (JHPIS)
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jhpis.v5i3.6707

Abstract

Environmental degradation in Indonesia continues to increase due to unsustainable exploitation of natural resources, including forest and land fires, pollution, and ecosystem destruction. Conventional legal liability mechanisms often face difficulties in proving fault, leading Indonesian environmental law to adopt the strict liability principle as regulated in Article 88 of Law Number 32 of 2009 concerning Environmental Protection and Management. This study aims to analyze the legal regulation and implementation of the strict liability principle in addressing environmental damage. This research uses a normative legal method with statutory, conceptual, and case approaches. Legal materials were analyzed qualitatively through legislation, legal doctrines, scholarly literature, and court decisions. The findings show that strict liability is an important legal instrument because it simplifies the burden of proof by eliminating the requirement to prove fault. Its application can be seen in several cases, including PT Kallista Alam, PT Waringin Agro Jaya, PT Bumi Mekar Hijau, PT National Sago Prima, and PT Merbau Pelalawan Lestari. However, challenges remain, such as inconsistent legal interpretations, difficulties in proving causation, limited scientific evidence, and weak enforcement of court decisions. Strengthening regulations and law enforcement capacity is needed to ensure effective environmental protection.
Urgensi Penataan Regulasi Transportasi Umum Berbasis HAM: Kajian Hukum terhadap Ketidakteraturan Moda di Wilayah Makassar-Bone Agustapa Agustapa; Yusrang Yusrang; Ilham H.; Aziza Azzahrah; Putri Sabina Suhardi
Khatulistiwa: Jurnal Pendidikan dan Sosial Humaniora Vol. 6 No. 3 (2026): September: Khatulistiwa: Jurnal Pendidikan dan Sosial Humaniora
Publisher : AMIK Veteran Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/khatulistiwa.v6i3.13111

Abstract

Public transportation plays a crucial role in supporting community mobility and ensuring access to economic, social, educational, and public services. However, transportation needs along the Makassar–Bone corridor have not been fully supported by an orderly and legally established public transportation system. This study aims to analyze the irregularities in public transportation management along the Makassar–Bone corridor, identify gaps between legal regulations and their implementation, and formulate a human rights-based regulatory framework for public transportation. This research employed a socio-legal approach integrating normative legal analysis and empirical research. Primary data were collected through semi-structured interviews with officials from the Transportation Agency of South Sulawesi Province and the Transportation Agency of Bone Regency, while secondary data were obtained through legislation, policy documents, and relevant academic literature. The findings indicate that the absence of officially recognized public transportation services has created a gap between community mobility needs and the formal transportation governance system. The study also identifies limitations in authority, supervision, human resources, budget allocation, and institutional coordination. These conditions potentially affect legal certainty, safety, security, accessibility, and protection of transportation users. The study proposes a human rights-based regulatory framework consisting of legal certainty for operators, clear authority and coordination, risk- and safety-based supervision, strengthened institutional capacity, guarantees of safety and security, and mechanisms for user protection, participation, and complaints. This framework is expected to support a more inclusive, accountable, accessible, and equitable public transportation governance system.
Konsep Ideal Pengelolaan Tanah Masyarakat melalui Bank Tanah sebagai Aset Produktif Tanpa Mekanisme Pelepasan Hak Andi Arfyan Priatama Amar; Gustika Sandra; Agustapa Agustapa
Khatulistiwa: Jurnal Pendidikan dan Sosial Humaniora Vol. 6 No. 3 (2026): September: Khatulistiwa: Jurnal Pendidikan dan Sosial Humaniora
Publisher : AMIK Veteran Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/khatulistiwa.v6i3.13270

Abstract

The Land Bank was established as an instrument to ensure land availability for development and promote public prosperity. However, the management of community land by the Land Bank raises concerns when land provision for development potentially places communities merely as beneficiaries after land rights are transferred or relinquished. This study aims to analyze the ideal concept of the Land Bank in managing community land as a productive asset without requiring the relinquishment of land rights. This study employs a normative legal research method using statutory and conceptual approaches. The legal materials consist of primary, secondary, and tertiary sources, which are qualitatively analyzed to develop legal arguments and prescriptions. The results indicate that the management of community land should be directed toward a land-use cooperation model without eliminating the community’s position as rights holders or land controllers. Under this model, the Land Bank acts as a facilitator and governance guarantor, while third parties or investors serve as utilization partners based on transparent, time-bound agreements that provide clear benefit-sharing arrangements. Such management should be supported by validation of land subjects and objects, community consent based on adequate information, and assistance from Notaries and/or Land Deed Officials to provide preventive legal protection. Through this concept, community land can be developed into productive assets without relinquishing rights, while maintaining a balance between development interests, land productivity, legal certainty, and community rights protection.   
Co-Authors Andi Arfyan Priatama Amar Aziza Azzahrah Gustika Sandra Ilham H. Nurmi Sari Putri Sabina Suhardi Yusrang Yusrang