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All Journal Jurnal Legalitas Yustisia Jurnal Pamator : Jurnal Ilmiah Universitas Trunojoyo Madura Jurnal Al Himayah Jambura Law Review GOVERNANCE: Jurnal Ilmiah Kajian Politik Lokal dan Pembangunan DAS SEIN: Jurnal Pengabdian Hukum dan Humaniora Estudiante Law Journal Al-battar: Jurnal Pamungkas Hukum Jurnal Kajian Hukum dan Sosial Dialogia Iuridica
Amanda Adelina Harun
Faculty Of Law Universitas Negeri Gorontalo
Religion Arts Humanities Economics, Econometrics & Finance Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Aligning Mercury Governance With Livelihoods, Legal Frameworks, and Religious Norms: Evidence from Indonesia’s ASGM Amanda Adelina Harun; Vanessa Veronica; Fenty U. Puluhulawa
Justicia Islamica Vol 23 No 1 (2026)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v23i1.12274

Abstract

This study aims to examine the health impacts of mercury exposure on miners and communities, analyse patterns of regulatory compliance in the context of largely informal mining, and evaluate the effectiveness of policies and legal instruments designed to reduce mercury use and mitigate environmental impacts. This study synthesises toxicological and biomonitoring evidence, community-based qualitative studies on practices and risk perceptions, and regulatory analysis in relation to international obligations. Results show that mercury biomarkers remain persistently high and there are neurological impacts on exposed populations, while informality limits oversight and weakens compliance. Interventions focused on enforcement often trigger displacement of activities (mining), rather than changes to more sustainable extraction practices. Policy effectiveness increases when regulations are combined with livelihood-sensitive supporting factors, including cooperative-based formalisation, access to financing and training, and technological transition through integrated governance. The study proposes a governance-livelihood-Islamic norm model and a compliance architecture aligned with maqasid al-sharia.
Bajo’s Living Law on Environmental Preservation to Support Economic Improvement Amanda Adelina Harun
Dialogia Iuridica Vol. 14 No. 1 (2022): Dialogia Iuridica Journal Vol. 14 No. 1 Year 2022
Publisher : Faculty of Law, Maranatha Christian University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28932/di.v14i1.5359

Abstract

Bajo is a tribe that has a uniqueness, they settled in coastal or shallow water areas. The uniqueness of the settlements and the natural conditions of the Bajo people can be a tourism potential to improve the economic conditions of the Bajo people. Tourism requires preserved environmental conditions. The Bajo has a 'living law' related to the preservation of coastal and marine areas, such as the prohibition of throwing garbage and household waste into the sea, the prohibition of killing turtles, the prohibition of destroying corals, and the prohibition of going to sea during the spawning period of fish. Bajo's 'living law' is in the form of unwritten law, so it has several weaknesses. First, because the unwritten form is feared to shift and could be lost, second, the implementation could not be enforced by the official because it is not official law. A good official law is one that is in accordance with the 'living law', so it would be better to adopt the 'living law' of Bajo in the official law, for the sake of preserving the environment, and support economic improvement through tourism.
Indonesian Mining Regulations Shift as a Potential Sector in Developing the Economy Amanda Adelina Harun; Fenty U Puluhulawa; Nurul Fajri ElFikri; Mohamad Rivaldi Moha
Jurnal Pamator : Jurnal Ilmiah Universitas Trunojoyo Vol 16, No 2: 2023
Publisher : Universitas Trunodjoyo Madura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/pamator.v16i2.20114

Abstract

Law/regulation on mining play a significant role, because mining sector is a potential sector for developing the economy of Indonesian. Law on Mining underwent several amendments, namely the era of Law Number 11 of 1967, Law Number 4 of 2009 and Law Number 3 of 2020. This article will analyze shiftss in mining sector regulations from each of these eras. This article uses normative juridical methods, with statutory, contextual, historical, and comparative approaches, and is analyzed qualitatively. The results of the study show that between Law No. 11 of 1967 to Law No. 4 of 2009 and Law no. 3 of 2020 underwent a change, namely from a centralized arrangement, where the mining sector holding power became a matter for the central government to decentralization, handed over to local governments. Another change is in the field of relations between the government and capital or investors, the contract of work model becomes licensing. The impact on the contract of work model is that the state is positioned as a 'party' to the contract, while in terms of licensing the government has a position that tends to be stronger. This Amendment Contract is adapted to Indonesian conditions and the protection of Article 33 of the Indonesian constitution.
Mens Rea and Ultimum Remedium in Distinguishing Breach of Contract from Fraud: Analysis of Indonesian Supreme Court Decision No. 4/Yur/Pid/2018 Chandi Aulia; Amanda Adelina Harun; Nurifana Umar; Ahmad Ridhwan Abd Rani
al-Battar: Jurnal Pamungkas Hukum Vol. 3 No. 2 (2026): Agustus
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/al-battar.v3i2.534

Abstract

The intersection between breach of contract (wanprestasi) and the criminal offense of fraud in contractual relationships creates legal issues in determining the boundary between civil and criminal liability. Previous studies generally discuss elements of fraud, breach of contract, and the principle of good faith separately, resulting in a lack of research that specifically analyzes Supreme Court Decision Number 4/Yur/Pid/2018 by integrating the perspectives of mens rea, the principle of good faith, and civil liability. This study aims to analyze the juridical construction employed by the Supreme Court in distinguishing breach of contract from fraud and to examine civil liability arising from breach of contract containing elements of fraud. This study is normative legal research using statutory, case, and conceptual approaches. The novelty of this study lies in the application of the perspectives of mens rea and the principle of ultimum remedium as instruments to limit the criminalization of contractual disputes in analyzing Supreme Court Decision Number 4/Yur/Pid/2018. The findings show that the existence of mens rea from the initial formation of the agreement serves as the main parameter in distinguishing breach of contract from fraud, while contractual violations without malicious intent remain within the scope of civil law, with remedies in the form of specific performance, compensation, or contract termination. This study also finds that the decision has not provided detailed parameters regarding the limits of mens rea and the principle of good faith, which may lead to differing interpretations in judicial practice. Therefore, further development of jurisprudence and legal doctrine is required to strengthen legal certainty in the settlement of contractual disputes.
Rethinking Coastal Waste: Integrating Green Criminology and Community Engagement for Sustainable Solutions Fenty Puluhulawa; Amanda Adelina Harun; Moh. Rusdiyanto Puluhulawa; Sherly Joice Pangayow; Karlin Z Mamu
Yustisia Vol 14, No 1: April 2025
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v14i1.93825

Abstract

Fisheries, tourism, and transportation depend on coastal habitats, which support diverse wildlife.  Plastic garbage increasingly endangers these areas, which harms marine life and the ecology.  This study examines how coastal garbage management affects legal knowledge, compliance behaviour, and community participation.  The study uses green criminology to show how conventional legal systems prioritise direct crimes over environmental crimes, such as inappropriate plastic and waste disposal.  The study found a large difference between coastal communities' environmental knowledge and compliance.  Despite knowing the rules, many community members break them due to a lack of enforcement, infrastructure, or motivation.  This circumstance emphasises the need for stronger laws, greater enforcement, and more inclusive community-based trash management.  Sustainable coastal management requires community involvement and legal accountability to protect ecosystems and public health
Co-Authors Ahmad Ahmad Ahmad Ridhwan Abd Rani Chandi Aulia Fenty Puluhulawa Fenty U. puluhulawa I Komang Kris Kamisma Iswan Dunggio Malik, Safira Putri H. Mamu, Karlin Z Massie, Fitri Hidayah Moh. Rusdiyanto Puluhulawa Moh. Taufik Zulfikar Sarson Mohamad Rivaldi Moha Mohammad Rifki Daud Mutia Cherawaty Thalib Nadia Dhea Safira Dama Nurifana Umar Nurul Fajri ElFikri Nurul Fazri Elfikri Pakaya, Dudiyanto Rahman Towadi Sherly Joice Pangayow Vanessa Veronica