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The Protection of Ecological Rights of Peatland Communities in Indonesia’s National Legal Policy: A Legal and Human Rights Perspective Analysis Hanafi Hanafi; Adwin Tista; Muhammad Ghazali Rahman; Noor Azizah
International Journal of Law, Environment, and Natural Resources Vol. 5 No. 2 (2025): October Issue
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v5i2.139

The peatland ecosystem in Indonesia, covering an area of 33.4 million hectares, plays a strategic role as a carbon sink, a water regulator, a habitat for biodiversity, and a foundation of community livelihood in economic, social, and cultural dimensions. However, its sustainability is increasingly threatened by land conversion, natural resource exploitation, and infrastructure development that neglects ecological principles. Weak governance, development policies prioritizing investment, and limited community participation have resulted in environmental degradation, agrarian conflicts, and the erosion of local communities’ ecological rights. Constitutionally, the right to a good and healthy environment is guaranteed under Article 28H paragraph (1) and Article 33 paragraph (3) of the 1945 Constitution, as well as Law No. 32 of 2009 on Environmental Protection and Management. This recognition is further reinforced by international instruments such as the 1972 Stockholm Declaration, the 1992 Rio Declaration, the 2015 Paris Agreement, and the Sustainable Development Goals (SDGs), which affirm environmental rights as part of third-generation human rights. Nevertheless, the implementation of ecological rights protection continues to face challenges, including weak law enforcement, limited access to justice, and the dominance of economic paradigms. This study examines the protection of ecological rights of peatland communities within Indonesia’s national legal policy through a human rights perspective, while also analyzing its harmonization with international law. The study is expected to contribute to strengthening regulation, advancing conservation strategies, and formulating policies grounded in ecological justice and human rights.

Integration of the rights to health and food as human rights in the national policy of indonesia’s free nutritious meal program Noor Azizah; Hanafi Hanafi; Sri Herlina
International Journal of Law, Environment, and Natural Resources Vol. 6 No. 1 (2026): April Issue
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v6i1.155

Health development in Indonesia continues to face major challenges, particularly in fulfilling community nutrition needs, as reflected in the high prevalence of stunting, wasting, and malnutrition. From a human rights perspective, the rights to health and food are interrelated and require integrated policy implementation. Through the Free Nutritious Meal Program (MBG), the government seeks to fulfill nutritional needs while carrying out its responsibility to guarantee the rights to health and food. This study aims to analyze the regulation of the rights to health and food within the Indonesian legal system and examine the integration of both rights into the Free Nutritious Meal Program as a human rights–based policy using normative legal research methods with statutory, conceptual, and human rights approaches. The findings show that the rights to health and food already have a strong normative basis in the 1945 Constitution and related legislation; however, existing regulations remain sectoral and lack an integrated framework. The study also identifies potential conflicts between fulfilling the rights to health and food and the right to education, particularly regarding state budget allocation, as the Free Nutritious Meal Program may create budgetary pressure on the education sector, thereby requiring regulatory harmonization to ensure balanced fulfillment of all human rights.

AKSESIBILITAS JAMINAN KESEHATAN BAGI PEKERJA INFORMAL DI INDONESIA: ANALISIS KEBIJAKAN JAMINAN KESEHATAN NASIONAL BERDASARKAN PRINSIP HAK ASASI MANUSIA Hanafi Hanafi; Istiana Heriani
Al-Adl : Jurnal Hukum Vol 18 No 1 (2026)
Publisher : Fakultas Hukum, Universitas Islam Kalimantan Muhammad Arsyad Al Banjari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31602/al-adl.v18i1.20563

The right to health is a fundamental right guaranteed under Article 28H of the 1945 Constitution of the Republic of Indonesia and various international human rights instruments, which obligate the state to provide health services that are available, affordable, accessible, and of adequate quality. In pursuit of this obligation, the Indonesian government launched the National Health Insurance Program (Jaminan Kesehatan Nasional/JKN), administered by BPJS Kesehatan, as part of the mandate of the National Social Security System Law. The program aims to deliver comprehensive health protection to all citizens, including informal workers, who account for more than 59% of the total working population in Indonesia. However, from a normative perspective, JKN policies have not fully accommodated the characteristics and needs of informal workers. The existing legal framework remains general in nature and has yet to provide specific regulations that are adaptive to the conditions of workers with unstable incomes, high mobility, and limited access to information. This situation has implications for low participation rates, the potential discontinuity of membership during income fluctuations, and disparities in access to health services. These conditions indicate a misalignment between the principle of universality mandated by regulation and the realities on the ground, resulting in unequal protection between formal and informal workers, as well as between urban and rural populations. Through a normative legal approach employing statutory and conceptual analyses, this study finds that strategic measures are required, including more flexible JKN financing schemes, the expansion of Contribution Assistance Recipients (Penerima Bantuan Iuran/PBI), the integration of participant data, the strengthening of primary healthcare facilities in remote areas, and the involvement of informal workers in the policy formulation process. These measures are expected to enhance the protection of the right to health for informal workers in an inclusive, equitable, and sustainable manner.

Edukasi Pada Kalangan Pelajar Tentang Potensi Radikalisme dan Terorisme Serta Cara Pencegahan di Kota Banjarmasin Adwin Tista; Muhammad Ghazali Rahman; Hanafi H
Nanggroe: Jurnal Pengabdian Cendikia Vol 5, No 5 (2026): Agustus 2026
Publisher : Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.22140207

The issue of the state of Radicalism and Terrorism in Indonesia is currently one of national threats. Radical ideologies continue to erode the nationalism of this nation. Radicalism being the embryo birth of the crime of Terrorism, Where the ideology can easily influence the civil society in Indonesia through social media to become perpetrators of terror that can endanger the rest of society. Programs of deradicalization through strengthening Character education of school students can be one of the soft power alternatives in rejecting radical ideologies. Through this character strengthening program students can be directed to prevent early on radical attitudes and understandings. Therefore, it takes dedication to the community to reject radicalism and terrorism through strengthening the character of school students in SMAN 3 Banjarmasin. This devotion is carried out using elements of active, creative, effective and fun education. Presentation of material using dialogue conversational methods and character-based question and answer. Using approach methods social jurisprudence (socio-legal) approach and using interdisciplinary or hybrid approach between normative aspects with sociological approach and using qualitative analysis i.e. by analyzing a data in depth and holistically. Then the expected result of this activity is Understanding and prevention regarding Education Potential Radicalism In The Area As well as Prevention Among Students In Banjarmasin City.

Edukasi Pada Kalangan Pelajar Tentang Potensi Radikalisme dan Terorisme Serta Cara Pencegahan di Kota Banjarmasin Adwin Tista; Muhammad Ghazali Rahman; Hanafi H
Nanggroe: Jurnal Pengabdian Cendikia Vol 5, No 5 (2026): Agustus 2026
Publisher : Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.22140207

The issue of the state of Radicalism and Terrorism in Indonesia is currently one of national threats. Radical ideologies continue to erode the nationalism of this nation. Radicalism being the embryo birth of the crime of Terrorism, Where the ideology can easily influence the civil society in Indonesia through social media to become perpetrators of terror that can endanger the rest of society. Programs of deradicalization through strengthening Character education of school students can be one of the soft power alternatives in rejecting radical ideologies. Through this character strengthening program students can be directed to prevent early on radical attitudes and understandings. Therefore, it takes dedication to the community to reject radicalism and terrorism through strengthening the character of school students in SMAN 3 Banjarmasin. This devotion is carried out using elements of active, creative, effective and fun education. Presentation of material using dialogue conversational methods and character-based question and answer. Using approach methods social jurisprudence (socio-legal) approach and using interdisciplinary or hybrid approach between normative aspects with sociological approach and using qualitative analysis i.e. by analyzing a data in depth and holistically. Then the expected result of this activity is Understanding and prevention regarding Education Potential Radicalism In The Area As well as Prevention Among Students In Banjarmasin City.

PERLINDUNGAN HAK KORBAN TINDAK PIDANA TERORISME DALAM PERSPEKTIF SISTEM HUKUM INDONESIA Adwin Tista; Muhammad Ghazali Rahman; Hanafi
Al-Adl : Jurnal Hukum Vol 18 No 2 (2026)
Publisher : Fakultas Hukum, Universitas Islam Kalimantan Muhammad Arsyad Al Banjari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31602/al-adl.v18i2.20986

This study aims to determine the form of protection of the rights of victims of criminal acts of terrorism in the perspective of the Indonesian legal system based on Law No. 5 of 2018 concerning the Eradication of Criminal Acts of Terrorism and Law No. 31 of 2014 concerning the Protection of Witnesses and Victims. Criminal acts of terrorism are extraordinary crimes that not only threaten state security, but also cause deep physical, psychological, social, and economic suffering for the victims. Victims are no longer considered passive parties in the criminal justice process, but rather as legal subjects who have the right to protection, recovery, and justice. This research uses a normative juridical method with a conceptual and legislative approach. The results of the study show a strong commitment to providing protection to victims through various legal instruments, government policies, and the role of related institutions in victim recovery. There is a paradigm shift from an approach that focuses solely on the perpetrator to a more victim-centered approach. In addition, protection for victims must be more than just temporary assistance; it must include rehabilitation, psychosocial assistance, compensation, recovery, and guarantees of a decent life. Therefore, this paper offers an ideal Indonesian legal system that is not only able to take firm action against perpetrators, but also able to provide a sense of justice, legal certainty, and benefits for victims through comprehensive, humane protection, based on the values of humanity and social justice mandated in Pancasila and the 1945 Constitution of the Republic of Indonesia as well as victim recovery, which must be achieved through the participation of the state, society, and all stakeholders.

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