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Reconstructing Environmental Criminal Law in Indonesia Through a Comparative Zemiological Legal Study Fernando, Zico Junius; Sueni, Annisa Sabilla; Arifin, Firdaus; Ramadhani, Susi; Zulaika, Almira Novia
TRUNOJOYO LAW REVIEW Vol 8, No 1 (2026): February
Publisher : Faculty of Law Universitas Trunojoyo Madura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/tlr.v8i1.31912

Abstract

Environmental crimes in Indonesia are increasingly recognized not only as violations of legal norms but also as social and ecological harms affecting communities and ecosystems. However, the existing framework of environmental criminal law remains largely formalistic, emphasizing administrative violations and statutory illegality while insufficiently addressing the broader dimension of socio-ecological harm. This research examines how a zemiological perspective can contribute to the reconstruction of environmental criminal law in Indonesia through a comparative legal study. Using a normative juridical method with statute, conceptual, and comparative approaches, this study analyzes Indonesian environmental criminal law alongside developments in Belgium, the European Union, Argentina, Scotland, and the Philippines. The findings demonstrate that Indonesian law continues to rely on formal legality and weak corporate accountability, whereas comparative jurisdictions increasingly recognize severe environmental harm, ecocide, and collective victimization as bases for criminal responsibility. The contribution of this research lies in three main aspects. First, it develops a zemiological framework as a new theoretical basis for evaluating environmental criminal law beyond formal statutory violations, emphasizing social and ecological harm as the central criterion for criminalization. Second, it provides a systematic comparative legal analysis that identifies normative gaps between Indonesian law and emerging global models of harm-based environmental criminal law. Third, it proposes a conceptual model for reconstructing environmental criminal law in Indonesia by integrating the principles of social harm, the recognition of ecocide, and strengthened corporate liability.
State Asset Management in the Framework of Good Governance and International Law for Sustainable Development Syamsir, Syamsir; Nuriyatman, Eko; Saraya, Sitta; Arifin, Firdaus; Qutieshat, Enas
Jambura Law Review VOLUME 8 NO. 1 JANUARY 2026
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jlr.v1i1.30817

Abstract

State asset management is a core function of public law through which the State exercises authority over public resources to support sustainable development. In modern international legal discourse, state assets are no longer viewed merely as economic tools but as legal objects governed by international obligations and good governance principles. This article examines the international legal framework on state asset management and its relevance to strengthening asset governance in Indonesia using a normative legal research approach that analyzes both international and national legal instruments, with particular attention to the interaction between soft law and hard law. It reviews key frameworks such as the Sustainable Development Goals, the Paris Agreement, the International Covenant on Economic, Social and Cultural Rights, and the United Nations Convention against Corruption, and evaluates their alignment with Indonesia’s domestic regulations through library research and qualitative analysis using systematic and teleological interpretation. The study finds that while soft law provides important normative guidance for sustainability-oriented governance, excessive reliance on non-binding mechanisms risks weakening legal certainty and accountability; therefore, binding regulations grounded in good governance principles transparency, accountability, public participation, and the rule of law are essential to ensure that state assets function effectively as instruments of sustainable development. From an ius constituendum perspective, aligning international commitments with enforceable domestic law is necessary to protect public interests, ensure intergenerational equity, and promote sustainable national development.
State Responsibility and Food Safety Supervision in the Free Nutritious Meal Program: A Constitutional and Health Law Analysis Sugiarti, Taty; Arifin, Firdaus; Maarif, Ihsanul
As-Siyasi: Journal of Constitutional Law Vol. 6 No. 1 (2026): As-Siyasi: Journal of Constitutional Law
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/as-siyasi.v61.30885

Abstract

Food safety is a critical component of public health governance, particularly in large-scale food programs where inadequate hygiene and sanitation can increase the risk of foodborne disease. In Indonesia, the Free Nutritious Meal Program relies on catering services whose compliance with food hygiene standards is essential to protect beneficiaries, especially school-aged children. This study examines the legal and institutional supervision of catering hygiene and sanitation within the program from a constitutional and health law perspective. Using normative juridical research supported by a socio-legal approach, the study operationally analyzes statutory regulations, policy frameworks, and institutional practices through library research and document analysis of national laws, technical regulations, and international food safety standards. Qualitative interpretative analysis was employed to evaluate regulatory effectiveness, supervisory mechanisms, and governance challenges. The findings reveal that Indonesia possesses a relatively comprehensive food safety regulatory framework; however, the effectiveness of supervision remains constrained by limited institutional capacity, fragmented inter-agency coordination, and inconsistent compliance among food service providers. This study identifies a persistent gap between regulatory norms and practical enforcement, emphasizing the need for integrated regulatory enforcement, risk-based supervision, and stronger institutional collaboration. The research contributes to health law scholarship by strengthening the conceptual understanding of food safety governance in public food programs. Limitations include reliance on normative and policy analyses without direct field observation, suggesting the need for future empirical studies of implementation practices at local operational levels