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All Journal Jurnal Greenation Sosial dan Politik Greenation International Journal of Law and Social Sciences
Suparno
Universitas Borobudur, Jakarta, Indonesia
Law, Crime, Criminology & Criminal Justice Social Sciences

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Reforming the Land Boundary Dispute Resolution Mechanism Based on Mediation for Legal Certainty and Social Sustainability Akh Mulyanto; Suparno
Jurnal Greenation Sosial dan Politik Vol. 3 No. 4 (2025): Jurnal Greenation Sosial dan Politik (November 2025 - Januari 2026)
Publisher : Greenation Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jgsp.v3i4.505

Abstract

Land boundary disputes between citizens in Indonesia often give rise to legal uncertainty, social conflict, and burden the courts. Settlement through litigation has proven ineffective due to its high costs, lengthy time, and failure to guarantee sustainable social relations. This study emphasizes reform of the mediation-based land boundary dispute resolution mechanism, using a restorative justice approach to achieve legal certainty while maintaining social harmony. The Supreme Court Regulation Number 1 of 2016 regarding Court Mediation Procedures and Law Number 5 of 1960 concerning Basic Agrarian Regulations (Articles 19 and 33), which prioritizes legal clarity and public welfare, serve as the legal foundation, which opens up space for peaceful resolution. Mediation is considered capable of producing fair and legally binding agreements, preventing conflict escalation, and restoring social relations between parties, in line with the objectives of the Basic Agrarian Law. Normative legal analysis and mediation practices in the field indicate that this approach is effective in reducing the burden of court cases, providing legal certainty, and maintaining social sustainability. In conclusion, mediation-based reform of land boundary dispute resolution mechanisms is an integrative legal strategy that harmonizes formal interests and social values ??and serves as a crucial instrument in developing responsive and equitable agrarian law.
The Dynamics of Law Enforcement of Corruption Crimes in the Mining Sector and Its Impact on Transparency in Natural Resource Management La Ode Muhamad Hiwayad; Suparno
Jurnal Greenation Sosial dan Politik Vol. 3 No. 4 (2025): Jurnal Greenation Sosial dan Politik (November 2025 - Januari 2026)
Publisher : Greenation Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jgsp.v3i4.506

Abstract

Law enforcement against corruption in the mining sector in Indonesia faces various challenges that affect the transparency of natural resource management. This study focuses on the dynamics of implementing Law No. 31 of 1999 in combination with Law No. 4 of 2009 concerning Mineral and Coal Mining and Law No. 20 of 2001 for the Eradication of Criminal Acts of Corruption, as well as implementing regulations related to licensing and royalty management. The analysis shows a legal vacuum, particularly in the aspects of licensing supervision, royalty management, accountability of state-owned/regional-owned mining company officials, and losses due to environmental damage, making it often difficult to enforce the Corruption Eradication Law effectively. Legal arguments are developed based on the principle of state accountability for natural resource management, the principle of legality in corruption crimes, and the obligation of public officials to prevent state losses. The research findings indicate that weak coordination between law enforcement agencies, unclear mechanisms for criminal sanctions against embezzlement of mining assets, and regulations that are still administrative in nature open up opportunities for corrupt practices. Thus, effective law enforcement requires regulatory harmonization, the implementation of transparent audit and oversight mechanisms, and the renewal of proportionate criminal sanctions to ensure more accountable and sustainable natural resource management.
Integration of Law, Economics, and Environmental Science in Realizing Equitable and Sustainable Global Resource Governance Andri Darmawan; Suparno
Jurnal Greenation Sosial dan Politik Vol. 3 No. 4 (2025): Jurnal Greenation Sosial dan Politik (November 2025 - Januari 2026)
Publisher : Greenation Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jgsp.v3i4.538

Abstract

The increasingly complex global environmental crisis demands a resource governance approach that is no longer sectoral, but rather integrative, involving the disciplines of law, economics, and environmental science. This study aims to analyze how the integration of these three disciplines can create a just and sustainable model for global resource governance. Using normative legal research methods with a conceptual and comparative approach, this study examines various national and international legal instruments, such as Law Number 32 of 2009 concerning Environmental Protection and Management, Presidential Regulation Number 98 of 2021 concerning the Economic Value of Carbon, and the 2015 Paris Agreement. The analysis shows that law serves as a normative framework to ensure certainty and fairness in resource management, economics acts as an incentive instrument through carbon market mechanisms and green investment, while environmental science provides an empirical basis for evidence-based policymaking. Integration of these three is necessary to create multi-level governance that balances the interests of development and environmental conservation. This study also recommends strengthening global coordination through the application of the principle of common but differentiated responsibilities (CBDR) and harmonization of regulations between countries to support the transition to sustainable prosperity.
The Urgency of Reforming the Law on Pre-Order Property Purchases Without Banks: Towards a More Transparent and Accountable System Didy Hermawan; Suparno
Greenation International Journal of Law and Social Sciences Vol. 3 No. 3 (2025): (GIJLSS) Greenation International Journal of Law and Social Sciences (September
Publisher : Greenation Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/gijlss.v3i3.566

Abstract

This paper examines in depth the practice of off-plan property sales without banks in Indonesia, which is growing in popularity alongside the growth of the property industry. This study aims to analyze the relevant legal regulations, identify the legal risks faced by consumers, and formulate recommendations to strengthen consumer protection. The research method uses a normative juridical approach, examining legislation, court decisions, and legal literature. The results show that the existing legal framework is inadequate to protect consumers in off-plan transactions without banks, giving rise to significant risks such as developer default, poor building quality, and information asymmetry. Existing consumer protection mechanisms, such as the UUPK and BPSK, are also considered ineffective. This paper recommends revising the UUPK, implementing escrow accounts, requiring project completion insurance, strengthening government supervision, and improving consumer literacy. With the implementation of these recommendations, it is hoped that a more fair, transparent, and sustainable property industry can be created, which protects consumer rights and encourages inclusive economic growth.
Effective Strategy for Enforcing Cross-Border Drug Laws Through Package Delivery Muhammad Sujatno Setyawan; Suparno
Greenation International Journal of Law and Social Sciences Vol. 3 No. 3 (2025): (GIJLSS) Greenation International Journal of Law and Social Sciences (September
Publisher : Greenation Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/gijlss.v3i3.568

Abstract

Transnational drug abuse through package delivery poses a serious threat to global public security and health. The increasingly sophisticated and complex nature of cross-border drug trafficking requires an effective response from law enforcement agencies. This study aims to analyze the strategy of transnational drug law enforcement through package delivery and identify challenges and effective solutions. This study uses legal analysis and literature study methods by collecting data from various sources, including literature, laws and regulations, and reports from law enforcement agencies such as the Narcotics Directorate of the Indonesian National Police Criminal Investigation Agency, the National Narcotics Agency (BNN), and the Directorate General of Customs and Excise. This study found that transnational drug law enforcement through package delivery requires effective international cooperation, sophisticated surveillance technology, and clear regulations. Effective strategies include increasing the capacity of law enforcement agencies, developing surveillance technology, and enhancing international cooperation. However, the implementation of law enforcement still faces challenges, such as the complexity of international drug networks and limited resources. Transnational drug law enforcement through package delivery requires a comprehensive approach and effective international cooperation. Effective strategies can increase the effectiveness of law enforcement and reduce transnational drug trafficking. Therefore, it is necessary to increase international cooperation, increase the capacity of law enforcement agencies, and develop surveillance technology to increase the effectiveness of cross-border drug law enforcement.
The Urgency of Governing Amnesty Authority in Indonesia's Democratic Rule of Law: A Study of the Case of Hasto Kristiyanto Rossa Purbo Bekti; Suparno
Greenation International Journal of Law and Social Sciences Vol. 3 No. 3 (2025): (GIJLSS) Greenation International Journal of Law and Social Sciences (September
Publisher : Greenation Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/gijlss.v3i3.593

Abstract

The granting of amnesty to Hasto Kristiyanto has sparked serious public debate, particularly regarding the potential politicization of this legal instrument. This study analyzes the authority of amnesty in the Hasto Kristiyanto case using a normative-juridical approach. The results show that although procedurally it meets formal requirements, this amnesty raises questions regarding constitutional limitations and legal political implications. The concept of "state interest" as the basis for granting amnesty requires a more objective interpretation to avoid political subjectivity. The resulting implications include the potential for weakening judicial independence, erosion of the rule of law, and decreased public trust in the Indonesian criminal justice system. The study recommends the need for governance of amnesty authority in a democratic Indonesia, such as objective criteria for state interests, strengthening the checks and balances mechanism, limiting the types of crimes that can be pardoned, and increasing transparency to ensure fair implementation and in line with the principles of a democratic state under the rule of law.
Legal Implications of Applying IMO Instruments to the Protection of the Marine Environment from Pollution by Ships, Especially in Ecologically Sensitive Waters Agung Pratama Osmond; Suparno
Greenation International Journal of Law and Social Sciences Vol. 3 No. 3 (2025): (GIJLSS) Greenation International Journal of Law and Social Sciences (September
Publisher : Greenation Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/gijlss.v3i3.594

Abstract

Protecting the marine environment from ship pollution is a global challenge regulated through various international legal instruments issued by the International Maritime Organization (IMO), such as the International Convention for the Prevention of Pollution from Ships (MARPOL), the Ballast Water Management Convention (BWM), the Oil Pollution Preparedness, Response and Co-operation (OPRC), and liability and compensation conventions, such as the Civil Liability Convention (CLC) and the Hazardous and Noxious Substances Convention (HNS). Indonesia, as an archipelagic country with ecologically sensitive waters, such as coral reefs, mangroves, and conservation areas, has a vital interest in integrating these provisions into national law. This study aims to analyze the legal implications of applying IMO instruments to protect the marine environment, particularly in Indonesia's ecologically sensitive waters. The research method uses a juridical-normative and conceptual approach by examining international and national laws and regulations, including Law No. 17 of 2008 concerning Shipping, as amended by Law No. 66 of 2024, Government Regulation No. 21 of 2010 concerning Maritime Environmental Protection, and Law No. 32 of 2009 concerning Environmental Protection and Management. The study shows that the ratification and implementation of IMO instruments create legal obligations for the prevention, monitoring, and enforcement of marine pollution. However, there are gaps between IMO standards and national capacity, including limited waste facilities, inter-agency coordination, and the effectiveness of sanctions. This study recommends harmonization of national regulations with IMO standards, strengthening of supervisory capacity, and the establishment of effective compensation mechanisms to ensure the protection of the marine environment in Indonesia's ecologically sensitive waters.
Legal Analysis of Venture Capital Financing Agreements in Indonesia: A Case Study of PT Bahana Artha Ventura Kharisma Jomenta Surbakti; Suparno
Greenation International Journal of Law and Social Sciences Vol. 3 No. 3 (2025): (GIJLSS) Greenation International Journal of Law and Social Sciences (September
Publisher : Greenation Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/gijlss.v3i3.632

Abstract

Venture capital has been promoted in Indonesia since Keppres No. 61/1988 and KMK No. 1251/KMK.013/1988 to expand financing access for SMEs, yet the contractual balance between venture capital companies (PMV) and partner companies (PPU) often remains contested under KUHPerdata principles. This article examines (i) the allocation of rights and obligations in venture capital financing agreements, (ii) the positive law framework governing venture capital (KUHPerdata, UU 40/2007 on PT, Keppres 61/1988, KMK 1251/1988), and (iii) the effectiveness of legal protection for both parties. A normative juridical (doctrinal) approach with descriptive-analytical method is employed, complemented by a case study of PT Bahana Artha Ventura (BAV) to illustrate contractual practice (profit-sharing scheme, supervision rights, collateral, insurance, exit/divestment). The agreement structure reflects freedom of contract (Pasal 1338 KUHPerdata) but tends to be standardized by PMV, granting strong safeguards (collateral, monitoring rights, default remedies) while PPU bears bank-like burdens (periodic installments, asset security). Although the framework legitimizes venture capital and encourages managerial assistance, contractual weight often tilts toward PMV, potentially diluting the risk-sharing essence. Indonesia’s legal framework adequately recognizes venture capital; however, to better align with risk-sharing objectives and protect weaker counterparties, standard-setting for core clauses (fair supervision costs, proportional profit-sharing, conditional collateral, restructuring options) and supervisory guidance are recommended to achieve more equitable partnerships.
Co-Authors Agung Pratama Osmond Akh Mulyanto Andri Darmawan Didy Hermawan Kharisma Jomenta Surbakti La Ode Muhamad Hiwayad Muhammad Sujatno Setyawan Rossa Purbo Bekti