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All Journal Brawijaya Law Journal : Journal of Legal Studies Journal of SouthEast Asian Human Rights Jurnal Perempuan Substantive Justice International Journal of Law Jurnal Perempuan
Safitri, Myrna Asnawati
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Arts Humanities Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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Manifesting Ecofeminism in Peatland Restoration: Policies, Actions, and Challenges Safitri, Myrna Asnawati
Jurnal Perempuan Vol 25, No 1 (2020): Women and Peatlands
Publisher : Yayasan Jurnal Perempuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34309/jp.v25i1.406

Abstract

Degradation of peatland ecosystems occurs as a result of excessive exploitation leading to peat drainage and fires. This was influenced by a masculinity perspective in resource tenure and utilization. Ecofeminism presents a different perspective on narratives and inter-relationships of human with nature, including the place of women in them. Injustice that befalls women occur due to unequal power relations in the control and utilization of resources in the peatland ecosystem. This paper discusses the Government of Indonesia’s efforts to reduce gender injustice through Peatland Restoration’s policy. Two policies are discussed here, namely the Social Safety Safeguard and Peat Cares Village Program. It is concluded that women's participation must be able to resolve the imbalance of power relations among women as well as between gender. This requires sufficient time and everlasting education. 
Manifesting Ecofeminism in Peatland Restoration: Policies, Actions, and Challenges Safitri, Myrna Asnawati
Jurnal Perempuan Vol 25, No 1 (2020): Women and Peatlands
Publisher : Yayasan Jurnal Perempuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34309/jp.v25i1.406

Abstract

Degradation of peatland ecosystems occurs as a result of excessive exploitation leading to peat drainage and fires. This was influenced by a masculinity perspective in resource tenure and utilization. Ecofeminism presents a different perspective on narratives and inter-relationships of human with nature, including the place of women in them. Injustice that befalls women occur due to unequal power relations in the control and utilization of resources in the peatland ecosystem. This paper discusses the Government of Indonesia’s efforts to reduce gender injustice through Peatland Restoration’s policy. Two policies are discussed here, namely the Social Safety Safeguard and Peat Cares Village Program. It is concluded that women's participation must be able to resolve the imbalance of power relations among women as well as between gender. This requires sufficient time and everlasting education. 
Right to Information, Judicial Activism and the Rule of Law: The Case of Indonesia's Mining Litigation Safitri, Myrna Asnawati
Brawijaya Law Journal Vol. 5 No. 2 (2018): The Role of State in Contemporary Legal Development
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2018.005.02.07

Abstract

The right to information is fundamental in environmental protection. Lack of access to information regarding environmental planning and licensing has often lead to public interest environmental litigation. The right to information is also an element in the formation of the rule of law in both its formal and substantive aspects. Mining must be cautionary conducted due to its high potential for environmental damage and pollution. This paper discusses the extent to which is the right to environmental information protected in Indonesia through several cases of mining litigation. Using statutory and court cases methods, it discusses laws on the rights to information in general and in the field of environmental protection, how Indonesian courts have interpreted the government obligations to fulfill citizens' access to mining information, and the extent to which that legal interpretation contributes to the rule of law elements. This paper then concludes that the right to mining information is still difficult to attain. Public bodies tend to prioritize formal-procedural aspects in providing information and setting up a public consultation. However, the cases studied indicate that judicial activism has provided corrections to such a procedural approach. More substantive rule of law principles used by the courts to interpret mining zones and environmental permits procedures.
Weak Investment Law Enforcement in Land and Forest Fire Cases in Indonesia Wuryandari, Utji Sri Wulan; Chairani, Anggi Dewinta; Safitri, Myrna Asnawati
Susbtantive Justice International Journal of Law Vol 5 No 2 (2022): Substantive Justice International Journal of Law
Publisher : Faculty of Law, Universitas Muslim Indonesia, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56087/substantivejustice.v5i2.204

Abstract

This article aims to analyze the formulation of sanctions in Indonesian investment law against foreign investors who commit environmental damage and pollution in the case of forest and land fires. This paper uses a legislative approach by analyzing the quality of legal norms on regulating sanctions for foreign investors involved in forest and land fires. The results show that the current development of global investment law requires companies, including transnational companies, to carry out environmental responsibilities in addition to social responsibility and good governance. The need to build pro-environmental investment law is important to strengthen environmental law enforcement with a multi-door approach. This is not followed by the investment law in Indonesia. The country's Investment Law does not strictly regulate sanctions against investors who violate their obligations and responsibilities to maintain the environment. The aspect of government supervision of the implementatio of investor obligations is also weak. These weaknesses in legal substance show that investment law is not in line with today's investment objectives that require support for environmental preservation or better known as green investment. This paper concludes that investment law will not be effective in supporting law enforcement in forest and land fire cases due to the lack of sanction formulation and weak supervision. Because of this, the existing investment law is still far from the goal of realizing green investment in Indonesia.
Peasant Rights and the Struggle for Climate Justice in Indonesian Degraded Peatland Safitri, Myrna Asnawati; Sihite, Dermawati; Yusuf, Muhammad
Journal of Southeast Asian Human Rights Vol. 9 No. 1 (2025): June 2025
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jseahr.v9i1.50756

Abstract

The United Nations Declaration on the Rights of Peasants and Other Peoples Working in Rural Areas (UNDROP) recognizes and protects the dignity of peasants for their contributions to food production and climate change mitigation and adaptation. For Indonesia, signing UNDROP complements its international commitments to human rights and environmental protection, particularly climate change. Indonesia has ratified the Paris Agreement, which includes climate change mitigation in peat ecosystems as one of its agendas. At the regional level, Indonesia supports the ASEAN Human Rights Declaration and the ASEAN Transboundary Haze Agreement. The Indonesian government has established a zero-tolerance policy towards peatland burning. This policy has resulted in legal vulnerability for peasants who have a tradition of burning peatlands for agriculture. This article examines the influence of laws and policies to control forest and land fires as a form of climate change mitigation in protecting peasants' rights to food and a better environment. In particular, it discusses community-based and participatory approaches to peatland ecosystem restoration implementation in Indonesia and how they relate to the provisions of UNDROP. The research underpinning this article used a participatory legal research method involving the authors in policy making. The authors collected data and analysed laws and policies concerning peatland restoration and peasants' protection. The participatory observation was carried out on agricultural innovation practices and the legal empowerment of the peasants. This article concludes that although UNDROP is not used as a reference in forming peatland restoration policies, some activities have demonstrated the fulfilment of several UNDROP provisions Keywords: Climate change, peatland, peasants, right to food, UNDROP
Co-Authors Chairani, Anggi Dewinta Dermawati Sihite, Dermawati Muhammad Yusuf RR Utji Sri Wulan Wuryandari