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New and Renewable Energy: Ensuring the Hydropower Development Policy Meets the Community and the Environmental Participation Based on the Paris Agreement Rahayu, Devi; Wartiningsih, Wartiningsih; Yogahastama, Riesta
Brawijaya Law Journal Vol. 9 No. 2 (2022): Energy and Environmental Law
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2022.009.02.01

Abstract

Energy demand is rapidly increasing, following population growth and economic trends, including the demand for electrical energy. Indonesia seeks to transition to the use of new and renewable energy to supply its demand for electricity. The national strategic program to construct 65 dams in 2023 is the fundamental foundation for the government’s ability to bring about this massive development. One of the many essential uses of reservoirs is as a source of hydropower energy. However, have been many cases of rejection by local communities that do not consider themselves to have been fairly consulted for or participating in the development process. Another premise of this rejection is founded on environmental issues related to the Paris Agreement. This article focuses on meeting challenges to community and environmental participation based on the Paris Agreement.  New and renewable energy policies incorporate novel regulations pertaining to the government’s authority to work on the new renewable energy projects. Hydropower development projects fall under the government’s efforts to switch to new sources of renewable energy. Insufficient involvement of the local community in development and activities, to the extent that the information and comprehension on where the hydropower dams are expected to be built are exceptionally lacking but are also, due to the impact of the development toward the environment, the main source of refusal from the local community.  Finally in accordance with the Paris Agreement, insufficient attention toward the landscape will likely impair the ability to create future hydropower development projects.
The Rights-Based Labor Law: A Comparison of Indonesian and Nepal Policies Rahayu, Devi; Munir , Mishbahul; Wartiningsih; Shokhikhah, Zilda Khilmatus; Thapa, Nar Yan
Jurnal Suara Hukum Vol. 7 No. 1 (2025): Jurnal Suara Hukum
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/jsh.v7n1.p156-183

Abstract

Human Rights (HR) serve as a crucial foundation in labor policies to protect workers' rights. However, both Indonesia and Nepal face significant challenges in their implementation, such as rights violations in the informal and formal sectors in Indonesia, and the risk of exploitation of Nepali migrant workers, exacerbated by the pandemic, weak oversight, and a lack of social protection. This study aims to analyze the differences in the implementation of human rights-based labor laws in Indonesia and Nepal and to identify the factors influencing the success or challenges of their enforcement. The study employs a normative legal method with legislative, comparative, conceptual, and historical approaches to analyze the integration of human rights principles into labor policies in Indonesia and Nepal. It relies on qualitative data from library research, including primary, secondary, and tertiary legal materials. The findings reveal that the implementation of human rights-based labor laws in Indonesia and Nepal demonstrates a commitment to international principles through the ratification of ILO conventions. However, both countries face distinct challenges within their social, economic, and implementation capacities. Indonesia focuses on protecting minimum wages, social security, and regulating working hours but struggles with gender discrimination and issues in the informal workforce. Meanwhile, Nepal deals with caste discrimination, migrant worker protection, and inadequate social security schemes. Both countries encounter oversight challenges, but factors such as socio-economic context, pro-investment policies, and commitment to international standards influence the success and challenges of implementing human rights-based labor laws in these two nations.