Lestari, Putu Ulandari Sri
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Harmonization of Levy System in Customary Village Referred to Mineral Mining Transporting Activity Lestari, Putu Ulandari Sri; Kartika, I Gusti Ayu Putri
SASI Volume 29 Issue 3, September 2023
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v29i3.1395

Abstract

Introduction: The uncertainty surrounding levies on mineral mining transportation activities requires an observation of the legal concepts that have conceptualized the levies and the system that is being used. Therefore, there is a need for harmonization of the levy concept related to indigenous villages.Purposes of the Research: This study is aimed to determine the boundaries of authority of the Customary Village towards the implementation of state authority and the levy category for the mineral mining transportation.Methods of the Research: This study uses a normative research method because the legal issues discussed are related to the implementation of statutory norms, namely the Regional Regulations on Traditional Villages in Bali with higher statutory regulations, through a conceptual approach, as well as the snowball technique used in collecting legal materials with the technique such as descriptions, comparisons, evaluations, and arguments in analyzing legal materials.Results of the Research: The authority of the indigenous village to regulate the levies collected by the indigenous village as long as they do not conflict with higher regulations is considered valid. The concept of levies regulated in legislation classified as specific levies, as the object is the transportation of mineral mining, is not collected by force but voluntarily regarding the tariff amount, and has been agreed upon in the form of awig-awig (a social norm regulation of Balinese society) and can be categorized as a valid levy, as the levies imposed are not separated from the elements of Tri Hita Karana.
Ecological Crime as An International Crime: A Study on The Prospects of Implementing the Principle of Ecocide Within Indonesian Criminal Law Lestari, Putu Ulandari Sri; Negara, I Putu Endra Wijaya
TATOHI: Jurnal Ilmu Hukum Volume 6 Issue 4, June 2026
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v6i4.3877

Abstract

Introduction: Environmental damage in Indonesia has reached alarming levels, with ecological, social, economic, and transboundary impacts. The existing environmental criminal law system, particularly through the Environmental Management Act and other sectoral regulations, still faces fundamental weaknesses in the form of disharmonious regulations, weak law enforcement, and limited implementation of corporate criminal liability. This situation indicates a normative and practical gap that prevents ecological crimes from being treated as extraordinary crimes. Meanwhile, international developments through the concept of ecocide emphasize the urgency of placing massive environmental destruction on a par with genocide, crimes against humanity, war crimes, and aggression. Purposes of the Research: The purpose of this study is to analyze the normative and practical gaps in Indonesian environmental criminal law on the concept of ecocide, as well as provide specific recommendations for regulatory harmonization and strengthening the capacity of law enforcement to respond to these challenges. Methods of the Research: This study uses a normative juridical method with conceptual, legislative, and comparative legal approaches. Findings of the Research: The results show that the application of ecocide principles in Indonesia faces challenges, such as the lack of an official definition, overlapping regulations, weak coordination between institutions, and the low technical capacity of law enforcement officials. Nevertheless, the opportunity for ecocide recognition is wide open, supported by international precedent, academic pressure, and the urgency of large-scale environmental cases in Indonesia. Therefore, environmental criminal law reform is crucial to integrate ecocide into national law, in order to strengthen ecological protection and affirm Indonesia's commitment to sustainable development and global environmental diplomacy.