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All Journal PROCEEDING ICTESS (Internasional Conference on Technology, Education and Social Sciences) Journal of Law, Environmental and Justice
Gunawan, Matthew Marcellinno
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Computer Science & IT Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Legal Protection of Halal Tourism Stakeholders in The Globalization Era Rustamaji, Muhammad; Gunawan, Matthew Marcellinno
PROCEEDING ICTESS (Internasional Conference on Technology, Education and Social Sciences) Vol 5 No 1 (2023): PROCEEDINGS ICTESS: "Human Security in Multidisciplinary Perspective” (Mainstream
Publisher : Universitas Slamet Riyadi Surakarta

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Abstract

Legal protection is the most important thing in the business world on globalisation era, including in the tourismsector. It is even very urgent if the business field is something that is considered less in accordance with the religiousprovisions adopted by the surrounding community, in this case the Madurese community. An island that has manynatural resources to be used as a tourist attraction. The purpose of this study was to determine the concept or modelof legal protection for tourism stakeholders in Madura. This research is a field research with a descriptive-qualitativeapproach located on the island of Madura which consists of 4 districts, Bangkalan, Sampang, Pamekasan andSumenep. Data collection was done by means of snowball sampling. After the data is collected then it is processedand analyzed by qualitative analysis with inductive logic. The results of this study indicate that the legal protectionof stakeholders in Madura refers to village regulations and cooperation agreements between parties in the tourismbusiness, for example between village-owned enterprises and tourism awareness groups (pokdarwis) as tourism objectmanagers, and between tourism object managers and third party.Keywords: Legal protection; halal tourism; globalisation
The establishment of simple lawsuit rules in business disputes in Indonesia: an challenge to achieve fair legal certainty Gunawan, Matthew Marcellinno; Fathoni, M Yazid
Journal of Law, Environmental and Justice Vol. 1 No. 1 (2023): Journal of Law, Environmental and Justice
Publisher : CV. Ius et Ambientis

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62264/jlej.v1i1.1

Abstract

This study aims to prescribe the importance of rethinking the regulation of the execution of simple lawsuits in the justice system in Indonesia, considering that simple lawsuits have many advantages as an alternative for resolving civil and business disputes. This research is normative legal research with a law approach, a conceptual approach, and a comparative law approach. The countries used for comparison are Singapore, the Netherlands, and the United States. The study results show that legal uncertainty regarding the mechanism of the simple lawsuit court decision is a factor that must be considered if you want a simple lawsuit to be one of the models of dispute resolution in the business and civil disputes that exist in Indonesia. This should be the homework of the government or the Supreme Court in establishing clear rules regarding the procedure for the execution of a simple lawsuit. This is important to do to provide clarity and legal certainty for the parties.
Judicial Perspectives on the Equitable Resolution of Anti-SLAPP Cases: Insights from Indonesia Rachmawaty, Rachmawaty; Gunawan, Matthew Marcellinno; Nurviani, Novi
Journal of Law, Environmental and Justice Vol. 2 No. 1 (2024): Journal of Law, Environmental and Justice
Publisher : CV. Ius et Ambientis

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62264/jlej.v2i1.88

Abstract

This research examines Indonesian judges' views on Anti-SLAPP case settlement and their philosophical approach. This research prescribes doctrine. The research shows that the judge's Pancasila-based Anti-SLAPP judgement needs to be revised. When the community raises environmental concerns, the practice repeats. The community will be punished in whatever way is necessary to eliminate participation. Development that harms the environment but enriches the government and corporations will continue. Based on these facts, it is known that the regulation and application of Anti-Slap in Indonesia are still being made to provide justice for all elements due to limited regulation. The lack of legal protection for environmental fighters in Indonesia shows why judges' rulings are not founded on Pancasila justice. The five Pancasila precepts guide courts' anti-SLAPP dispute resolution. A judge's ruling that exhibits legal certainty helps find the proper law while resolving court matters. Judges must consider customary and unwritten social laws when making decisions because the law may not regulate.
Ecological justice in Indonesia and China post-mining land use? Saputra, Rian; Zaid, M; Gunawan, Matthew Marcellinno; Pei-Chi , Wu
Journal of Law, Environmental and Justice Vol. 2 No. 3 (2024): Journal of Law, Environmental and Justice
Publisher : CV. Ius et Ambientis

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62264/jlej.v2i3.108

Abstract

This paper thoroughly examines the regulation and implementation of post-mining land use in Indonesia and China. This study employs a statutory and comparative legal approach to examine both countries’ regulations and utilization of post-mining land. The research findings indicate that Indonesia lacks legal rules for post-mining land utilization. The Mineral and Coal Mining Law in Indonesia and other legislation solely governs the transfer of post-mining land from companies to eligible parties via the Minister, Governor, or Regent/Mayor. These provisions indicate that post-mining land use in Indonesia continues to adopt an anthropocentric perspective and has not yet embraced ecological justice. In China, the utilization of post-mining land is modified to align with ecological, social, and economic requirements, designating it for agricultural purposes, straw cultivation, and infrastructure, including agricultural land, straw fields, grasslands, forests, wildlife habitats, biofuel crops, and areas designated for industrial, commercial, and residential development. Interestingly, when the decision is made to convert post-mining state land into agricultural land, following feasibility approval by local authorities in China, the transfer is granted to rural communities collectively or to those surrounding the post-mining area for management as agricultural land.
The Rights of Victims of Environmental Crimes in Indonesia: Challenges for Legal Reform Tarigan, Fransisco; Hartiwiningsih, Hartiwiningsih; Rustamaji, Muhammad; Annisa , Intan Baretta Nur; Gunawan, Matthew Marcellinno
Journal of Law, Environmental and Justice Vol. 3 No. 2 (2025): Journal of Law, Environmental and Justice
Publisher : Ius et Ambientis

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62264/jlej.v3i2.130

Abstract

Environmental crimes in Indonesia pose significant risks to both the ecosystem and human welfare. Notwithstanding established legal frameworks, the rights of victims of these offences frequently remain insufficiently addressed. This essay analyzes the current state of victim rights regarding environmental crimes in Indonesia, emphasizing the challenges in their enforcement and suggesting pathways for legal reform. Utilising a green victimology framework, it examines the legislative stipulations for victim compensation, restitution, and rehabilitation, juxtaposing them with international benchmarks. This study employs a normative juridical methodology, complemented by case study analysis and an examination of current regulatory instruments, to identify various structural deficiencies, including normative gaps, ineffective law enforcement mechanisms, and the absence of formal procedures for compensation and substantial victim involvement in legal proceedings. The research identifies key obstacles, including insufficient law enforcement, challenges in establishing causation and quantifying damages, restricted access to justice for marginalized groups, corporate influence, and inadequate support systems for victims. The essay ultimately presents policy proposals aimed at strengthening the legislative framework, enhancing enforcement capabilities, advocating for restorative justice, increasing access to justice, and fostering community empowerment to achieve more sustainable environmental justice in Indonesia.
Co-Authors Annisa , Intan Baretta Nur Fathoni, M. Yazid Hartiwiningsih Hartiwiningsih M Zaid M Zaid Muhammad Rustamaji Nurviani, Novi Pei-Chi , Wu Rachmawaty Rachmawaty, Rachmawaty Rian Saputra Tarigan, Fransisco