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All Journal JUSTITIA JURNAL HUKUM Hasanuddin Law Review
I Gusti Ayu Ketut Rachmi Handayani
Faculty of Law, Universitas Sebelas Maret, Surakarta
Law, Crime, Criminology & Criminal Justice

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The Principle of Social Justice As a Solution in Illegal Mining Activities in The Old Wells Oil Management Lego Karjoko; I Gusti Ayu Ketut Rachmi Handayani; Abdul Kadir Jaelani; Willy Naresta Hanum
Justitia Jurnal Hukum Vol 5, No 2 (2021): Justitia Jurnal Hukum
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justitia.v6i02.9390

Abstract

The old wells oil management is petroleum management which accentuates the empowerment of local communities in the producing region. The goal of this oil management is to provide maximum prosperity for the people as mandated by Article 33 of the 1945 Constitution. This paper aims to formulate the model of old wells oil management based on the social justice principle. This paper has a normative legal study method that uses a term of old wells management in Wonocolo oil fields, Bojonegoro regency. The result is because old wells oil management in Wonocolo oil field does not fully reflect the social justice principle, then it causes illegal mining activities. Therefore, it is necessary to formulate a model of old wells management based on the principle of social justice with two indicators i.e. 1) The equal distribution of benefits and 2) Participation.Keywords: Oil, Old Wells, Illegal Mining, Benefit Distribution, Participation, Social Justice
The Policy on Illegal Oil Palm Plantation Reform in Forest Area during Jokowi’s Presidency Albertus Sentot Sudarwanto; Lego Karjoko; I Gusti Ayu Ketut Rachmi Handayani; Arifin Ma’aruf; Henning Glaser
Hasanuddin Law Review VOLUME 8 ISSUE 2, AUGUST 2022
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v8i2.3566

Abstract

Indonesia is the largest oil palm producer. The area of oil palm plantations is approximately 3.4 million. However, this large potential is not part away from legal issues such as illegal oil palm plantations. It is also implied by overlapping regulations and permits. This study aims to examine the policy of illegal oil palm plantations reform and the rooted regulation problem in forest areas during Joko Widodo era. This research relies on a normative legal approach. Data was collected through the investigation of legal material regarding oil palm policies. The results of this study indicate that the overlapping regulation contributes negatively to the reformation attempt. Yet, there are no legal products and policies regarding the dispute settlement of illegal oil palm in forest areas. Repressive implementation of criminal law does not solve the problem at the grassroots. The establishment of Job Creation Law provides new hope for the settlement of oil palm plantations problem by mainstreaming the nonlitigation mechanism, namely administrative sanctions.
Co-Authors Abdul Kadir Jaelani Abdul Kadir Jaelani Albertus Sentot Sudarwanto Arifin Ma’aruf Henning Glaser Jelang Fajar Putra Perdana Lego Karjoko Oky Shiang Pradana Willy Naresta Hanum