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All Journal Masalah-Masalah Hukum NOTARIUS Jurnal Hukum Progresif Diponegoro Law Journal Jurnal Komunikasi Hukum JURNAL CENDEKIA HUKUM JURNAL HUKUM MEDIA BHAKTI PROGRESIF: Jurnal Hukum JURNAL PEMBANGUNAN HUKUM INDONESIA Jurnal CREPIDO: Jurnal Mengenai Dasar-Dasar Pemikiran Hukum Filsafat dan Ilmu Hukum Journal of Law, Poliitic and Humanities Law and Justice Research Journal
Amalia Diamantina
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Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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ENVIRONMENTAL CONSTITUTIONAL REGRESSION IN RISK-BASED INVESTMENT GOVERNANCE: RECONFIGURING ENVIRONMENTAL PROTECTION STRUCTURE IN INDONESIA Amir, Irfan; Setyawanta, Lazarus Tri; Diamantina, Amalia; Ansar, Lukman; Adelvia, Adelvia
Jurnal Hukum Progresif Vol 14, No 1 (2026): April 2026
Publisher : Doctoral of Law Program, Faculty of Law, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/jhp.14.1.167-200

Abstract

The reform of the risk-based licensing system implemented through the Job Creation Law in Indonesia has had a significant impact on environmental protection. This shift, which replaces the precautionary-based preventive approach with risk management, has the potential to reduce ecological protection without explicitly changing constitutional norms. From a constitutional perspective, this change is considered environmental constitutional regression, referring to the decline in the legal system’s ability to ensure the environmental protection that was previously achieved. This article analyzes the impact of this transformation on the legal structure and investment governance in Indonesia. Environmental protection, which previously functioned as a constitutional instrument limiting the rationality of economic development, is now repositioned as an administrative component within the risk-based licensing framework. This shift occurs amid efforts to deregulate and simplify licensing to accelerate investment, but at the expense of the state’s obligation to ensure ecological sustainability. This reform affects various regulatory dimensions, including institutional structure, the role of law, public participation procedures, and environmental protection standards. The integration of environmental approval into the risk-based licensing system changes the paradigm from preventive control to administrative risk management. As a result, environmental protection mechanisms become dependent on risk assessments that do not always encompass the broader potential ecological damage. This study proposes the need for a progressive legal approach that reaffirms the state's obligation to uphold constitutional rights to a healthy and sustainable environment, while mitigating the negative impacts of regulatory reform on ecological justice and environmental sustainability. Thus, this research contributes to the understanding of the constitutional implications of risk-based regulatory restructuring, emphasizing the importance of ensuring that environmental protection remains a priority in development policy.
Legal Responsibility of the Village Head in Village Asset Management: A Constitutional Study on the Implementation of the Village Law Re Hatmapradipta Anbiyaa; Amalia Diamantina
Law and Justice research journal Vol. 2 No. 3 (2026): July: Law and Justice research journal
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70062/ljrj.v2i3.156

Abstract

Village assets constitute vital economic resources for village autonomy and community welfare. However, legal responsibilities of Village Heads in managing these assets often encounter obstacles, ranging from lack of administrative compliance to misuse of authority. This study aims to analyze the construction of legal responsibility of Village Heads in managing village assets according to Law No. 6 of 2014 concerning Villages and its implementing regulations, and to examine the implementation of these responsibilities in practice along with constitutional implications. The research employs a doctrinal legal approach with conceptual orientation, placing legal doctrines and expert opinions as primary materials and legislation as secondary materials. The analysis uses four theoretical frameworks: Decentralization Theory, Authority Theory, Legal Responsibility Theory, and Constitutional Theory. The findings indicate that Village Heads possess attributive authority as holders of village asset management power, but this authority is accompanied by strict legal responsibilities, both administratively and civilly-criminally. Implementation faces challenges including regulatory comprehension gaps, weak supervision, and lack of public participation. Constitutional analysis reveals that irresponsible management contradicts the mandate of Article 18 of the 1945 Constitution and the welfare goals in the Preamble. Strengthening supervision mechanisms, increasing human resource capacity, and enhancing public participation are necessary to ensure village asset management aligns with constitutional principles.
Co-Authors Adelvia, Adelvia Alvianto, Andika Bagus Amiek Soemarmi Amir, Irfan Ansar, Lukman Atyanto, Fiqo Kurniawan Edy Kurniawan, Erwin Hidayat Hardiyanti, Marzellina Hardjanto, Untung Sri Indarja, Indarja Isnaini, Syamsudin Kadek Cahya Susila Wibawa Karomi, M. Paiton Abi Mu'ammar, Thoyyib Ninage, Mega Bintang Nufus, Ahmad Fahriza Ilun Nur Fasha, Moch Gandi Nurhadi, Amalia Prayitno, Immanuella Christin Ratna Herawati Re Hatmapradipta Anbiyaa Rinaldo, Ilham Sekar Anggun Gading Pinilih, Sekar Anggun Setyawanta, Lazarus Tri Syamsudin Isnaini W. Lesnussa, Andreas Manuel Zia, Nur Khaleda