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All Journal LAW REFORM Hasanuddin Law Review Journal of Law and Legal Reform
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.
Legal Reform on Indonesia’s Carbon Trading Regulation: Implementation and Harmonization of International Law Yoel, Siciliya Mardian; Priyono, F.X. Joko; Samekto, F.X. Adji; Nurbani, Erlis
Journal of Law and Legal Reform Vol. 6 No. 4 (2025): October, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v6i4.20009

Abstract

Carbon trading is a system where companies can buy and sell carbon credits, with each credit allowing the emission of a specific amount of greenhouse gases. The Indonesian government has introduced new regulations to support carbon trading, but these need to fit seamlessly with existing international regulations due to Indonesia’s active participation in the carbon trading agreement. This research has two goals: first, to examine how comprehensive Indonesia’s carbon trading regulations align with international frameworks such as the Paris Agreement and the Kyoto Protocol. And second, to identify and assess challenges and opportunities in harmonizing Indonesian laws with these global standards. This research uses normative legal research by assessing primary, secondary, and tertiary legal materials, such as international agreements, Indonesia’s laws, previously published works in the areas, and other legal documents. This method is combined with case studies from different countries. This approach will help identify successful strategies and pitfalls in carbon trading, offering valuable insights into what works and what does not. The expected outcome is a comprehensive understanding of how Indonesia’s carbon trading regulations align with international standards. It will also assess the efficacy of the current system works and suggest improvements to enhance its effectiveness. Indonesia’s approach to incorporating international treaties into national law is not entirely clear-cut, exhibiting elements of both monism and dualism. However, there is a tendency towards dualism, where international treaties must be transformed into national regulations to be effectively applied and used as a legal basis in judicial decisions. While carbon trading is a key mechanism in international climate agreements, it faces significant criticisms and challenges, particularly regarding environmental justice.
Co-Authors Fatharani, Yasyifa Mahoro, Jean Claude Geofrey Nurbani, Erlis Priyono, F.X. Joko Yoel, Siciliya Mardian