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All Journal LAW REFORM Hasanuddin Law Review Jurnal Hukum dan Pembangunan
Samekto, F.X. Adji
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Law, Crime, Criminology & Criminal Justice

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Barriers to the Enforcement of Environmental Law: An Effect of Free Market Domination and Regional Autonomy in Indonesia Mahoro, Jean Claude Geofrey; Samekto, F.X. Adji
Hasanuddin Law Review VOLUME 7 ISSUE 1, APRIL 2021
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v7i1.1896

Abstract

This paper discusses different issues relating to the enforcement of environmental law in Indonesia in the long way of the Indonesian government to sustainable development. To reach reliable conclusion, socio-legal approach was employed in this paper. Throughout the work the researcher analyses environmental philosophies including anthropocentrism, biocentrism and ecocentrism. This phenomenon does not only pose responsibility to the government but also to private individuals or companies in their operations in order not to leave burdens to the shoulders of future generations. This ideology was not well ensured in the free-market economy and regional autonomy as the proliferated regulations were not directed to meet the efficient and equitable environmental principles. Hindrances to the effective implementation of environmental law, inter alia, the non-envisaged licensing system in administrative enforcement; ineffective civil damages towards the environmental losses; and non-reaching environmental criminal liability. Besides that, the persistent corruption is another impediment to the effective implementation of environmental law in Indonesia. 
Avoiding Misunderstandings About the Emergence and Position of Grundnorm as a Source of Law Samekto, F.X. Adji; Fatharani, Yasyifa
LAW REFORM Vol 21, No 1 (2025)
Publisher : PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/lr.v21i1.61875

Abstract

Immanuel Kant's teachings on the stages of human knowledge development regarding the universe became the foundation for Hans Kelsen's renowned legal theory, namely Grundnorm. According to Kelsen, Grundnorm exists at the rational-practical stage of each individual, is a priori, and has never been formalized through a constitutional process. However, law students often have a simplistic understanding of Grundnorm, particularly in constitutional law studies.The discussion below falls within the scope of legal positivism, employing a juridical-philosophical approach. Grundnorm is frequently reduced to a mere issue of consistency, where lower regulations must not contradict higher regulations. No further explanation is provided, apart from the assertion that a legal regulation is effective only if consistency between lower and higher rules is maintained. This oversimplified explanation can be misleading, as it fails to convey the essence of Grundnorm theory to law students. Based on this analysis, it can be concluded that, according to Hans Kelsen’s teachings, Grundnorm is the highest source of legal norms, accepted as a necessity by individuals through their free will. Grundnorm, as an imperative-categorical basic norm, can be transformed into legal principles if it has been widely accepted by society.
Dampak Berlakunya Trips Agreemen Terhadap Pelaksanaan Konvensi Keanekaragaman Hayati Samekto, F.X. Adji
Jurnal Hukum & Pembangunan Vol. 34, No. 1
Publisher : UI Scholars Hub

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Co-Authors Fatharani, Yasyifa Mahoro, Jean Claude Geofrey