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All Journal Legal Opinion AKTUALITA FIAT JUSTISIA: Jurnal Ilmu Hukum Plano Madani : Jurnal Perencanaan Wilayah dan Kota Diponegoro Law Review Sriwijaya Law Review Jurnal Akta International Journal of Supply Chain Management Pena Justisia: Media Komunikasi dan Kajian Hukum Cepalo El-Iqtishady IBLAM Law Review Administrative and Environmental Law Review Journal Evidence Of Law Jurnal Penyuuhan dan Pemberdayaan Masyarakat (JPPM) Indonesia Law Review (ILREV) SASI Tadulako Social Science and Humaniora Journal
Sulbadana Sulbadana
Program Studi Ilmu Hukum Jurusan Ilmu Hukum Fakultas Hukum Universitas Tadulako Palu
Religion Agriculture, Biological Sciences & Forestry Arts Humanities Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Engineering Environmental Science Industrial & Manufacturing Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Transportation Other

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PRESERVING LAKE POSO THROUGH THE INTEGRATED AND COMPREHENSIVE LEGAL POLICIES Lembang Palipadang; Sulbadana Sulbadana; Andi Intan Purnamasari; Supriyadi Supriyadi
Cepalo Vol 9 No 1 (2025)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/cepalo.v9no1.3704

Abstract

Lake Poso, Indonesia's third-largest lake, faces severe ecological threats that endanger its biodiversity and the livelihoods of local communities. Despite its ecological significance, legal and policy responses remain fragmented, hindering effective conservation. This research employs a normative research method, integrating doctrinal and statutory approaches with qualitative analysis of relevant regulations and scientific literature. Findings highlight critical challenges, including endemic species decline, water quality degradation, climate change impacts, and socio-economic pressures from fisheries decline and unregulated tourism. Governance fragmentation emerges as a central issue, with national laws lacking ecosystem-specific provisions and regional regulations suffering from weak enforcement, limited institutional capacity, and inadequate funding. Drawing on successful conservation models from other Indonesian lakes, this research proposes a framework for integrated legal policies. Key recommendations include watershed management, sustainable fisheries practices, targeted pollution control, climate adaptation measures, and community-based conservation incorporating traditional ecological knowledge. By addressing regulatory gaps and enhancing policy coherence, this research provides a roadmap for Lake Poso’s long-term preservation and sustainable development.
Does International Law Acknowledge Restorative Justice? Sulbadana Sulbadana; Haniyatul Husna binti Md Mohtar; Andi Intan Purnamasari; Supriyadi Supriyadi
Sriwijaya Law Review Volume 7, Issue 1 January 2023
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol7.Iss1.2130.pp121-134

Abstract

Global criminal political considerations are strengthening national laws to realise Restorative Justice for the achievement of recovery for victims, perpetrators and the social order of society. The perspective of Restorative Justice can not only be seen from the concept of national law but of course, it can also be seen from the perspective of International Law. One form of Restorative Justice includes Diversi in the Juvenile Criminal Justice System, where Diversi is the result of International Conventions, one of which is the United Nations Rules for The Protection of Juvenile Deprived of Their Liberty (UNRPJ). This paper focuses on the principle that the purpose of criminalising and rectifying criminals is not only a national problem by a particular state but also a general problem by all countries. The research uses a Normative Juridical method with a statute approach, concept and doctrine approach. This research specifically how the contribution of international law in strengthening the ideas and values of Restorative Justice, and its conclusion, restorative justice in the development of criminal policy needs to be given a special space, namely given space for the implementation of restorative justice through policy modify which of course puts forward the idea of recovery for victims, perpetrators and also the community. Restorative justice is familiar in international law, even via the UN congress greater than as soon as it has issued thoughts of struggle by promoting restorative justice. An extra humanist purpose is to be the primary character of international law, as is the precept of worldwide law that each conflict that arises requires a decision that has to be primarily based on humanity.
Legal Reform on Rock Mining Governance: the Dual Liability Model For Protecting Environmental Rights in Palu–Donggala Rosdian Rosdian; Sulbadana Sulbadana; Agus Lanini; Suardi Suardi; Supriyadi Supriyadi
Administrative and Environtmental Law Review Vol 6 No 2 (2025)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/aelr.v6i2.4472

Abstract

Addresses the urgent need for a legal framework to regulate rock mining in the geologically fragile Palu–Donggala coastal region, where exploitation often conflicts with the constitutional Right to a Good and Healthy Environment (Article 28H of the 1945 Constitution). It examines the failure of local governments to fulfill their obligation to protect citizens’ rights and the ineffectiveness of existing sanctions. Using a normative legal (juridical-normative) method with constitutional, progressive human rights, and conceptual approaches, the research analyzes ius constitutum and ius constituendum through doctrinal interpretation. The research formulates the Dual Liability Model, which holds corporations financially accountable for ecological losses and local governments legally responsible for rights violations. This model promotes the use of Environmental Carrying Capacity (ECC) as an absolute veto in licensing, ensuring stronger environmental governance and effective restoration of citizens’ rights in disaster-prone regions..
Restorative Justice in The Application of Criminal Acts Through Police Discretion Based on Local Wisdom Widodo Sugiharto; Sutarman Yodo; Sulbadana Sulbadana
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 1 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i1.4484

Abstract

This research aims to: (1) Understand and analyze the application of Discretion by the Police in resolving criminal acts. (2) Understand and analyze whether Police Discretion can be used as a basis for resolving criminal acts based on Restorative Justice. (3) Understand and analyze whether Local Wisdom values can strengthen Discretion in resolving criminal acts based on Restorative Justice. This research uses a normative-empirical research type. The use of this research type is based on the formulation of the problem proposed as a logical consequence of the research legal issue in the background of the problem. This research type is used in accordance with the formulation of the proposed problem. Research results: (1) The application of Discretion by the Police in resolving criminal acts. Criminal law enforcement with the authority of Police Discretion, in its implementation prioritizes the Restorative Justice approach, namely the resolution of criminal cases by involving the perpetrator, victim, perpetrator/victim's family and other related parties to jointly resolve fairly by emphasizing restoration to the original state. (2) Police Discretion can be used as a basis for resolving criminal acts based on Restorative Justice. Discretion based on the Restorative Justice approach is a paradigm that can be used as a framework for handling criminal cases through the conventional criminal justice system in Indonesia. Police Discretion based on Restorative Justice, handling criminal cases based on the National Police Chief Circular Number: SE/8/VII/2018 dated July 27, 2018 concerning the Application of Restorative Justice in the Settlement of Criminal Cases, which serves as a guideline for Investigators in resolving cases through Restorative Justice at the investigation and investigation level. (3) Local Wisdom values can strengthen Discretion in resolving criminal acts based on Restorative Justice. The revitalization of Local Wisdom is a strategy used to revive community traditions and culture so that they can be used as an alternative by the Police in resolving criminal acts. Through Restorative Justice originating from Police Discretion.
Co-Authors Adam Malik Ahmad, Asria Wayuni Ali, Agustina Amar Akbar Ali Aminuddin Kasim Andi Intan Purnamasari Andi Intan Purnamasari Andi Iskandar Artha Perdana, Budi Asri Lasatu Asriyani, Asriyani Awaliyah , Awaliyah Awaliyah, Awaliyah Gunawan Arifin Hamdan Rampadio Hamdan, Hendro Haniyatul Husna binti Md Mohtar Hilda Hilda Insarullah, Insarullah Irwansyah Irwansyah Irwansyah Irwansyah Lanini, Agus Lembang Palipadang Lembang Palipadang Lukman Lukman M. Hatta Roma Tampubolon M. Yasin Nahar Nursiah Moh. Yunus Rahmat Bakri Rosdian Rudy Gosal Saharuddin3, Saharuddin Stenly Christian Tania Suardi Suardi Supriyadi Supriyadi Supriyadi Supriyadi Supriyadi Supriyadi Supriyadi Supriyadi Supriyadi Supriyadi Surahman Surahman Sutarman Yodo Syachdin, Syachdin Syafiuddin, Ikhsan Widodo Sugiharto