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Who Shapes the Green Future? Public Inclusion in National Climate Projects Aprila Niravita; Satrio Sakti Nugroho; Suhadi Suhadi
Indonesian Climate Justice Review Vol. 1 No. 4 (2024): October, 2024
Publisher : COLLEGIUM JUSTICIA INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65815/98766293

Abstract

This paper explores the role of public inclusion in shaping national climate projects in Indonesia, focusing on the ways in which citizens, local communities, and civil society organizations influence climate policy and action. As the global climate crisis intensifies, the effectiveness of national climate initiatives increasingly depends on broad public engagement, especially in nations like Indonesia, where diverse populations face varying levels of climate vulnerability. This study examines the extent to which public participation is integrated into the planning, implementation, and evaluation of key national climate projects, such as renewable energy transitions, deforestation reduction programs, and climate adaptation strategies. Using a combination of policy analysis, interviews with policymakers, and surveys of affected communities, the paper assesses how inclusive these projects are, particularly in terms of involving marginalized groups such as indigenous peoples, women, and low-income communities. Findings suggest that while public inclusion is often emphasized in climate rhetoric, actual participation is limited, with top-down approaches dominating many national projects. The study highlights the risks of excluding local knowledge and community priorities, particularly in areas where climate impacts are most acute. This research contributes to the growing discourse on climate justice by illustrating the importance of inclusive decision-making in ensuring that climate policies are both equitable and effective. The paper calls for stronger mechanisms for public participation in national climate planning to ensure that the green future envisioned in climate policies is truly inclusive and reflective of diverse societal needs.
Ecological Justice or Environmental Exclusion? The Impact of Renewable Energy Development on Indigenous Rights in Sulawesi Aprila Niravita; Ria Wulansarie; Liyana Nabila
Indonesian Climate Justice Review Vol. 2 No. 3 (2025): July, 2025
Publisher : COLLEGIUM JUSTICIA INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65815/mrgw9r28

Abstract

This research critically examines the tension between ecological justice and environmental exclusion in the context of renewable energy development in Sulawesi, Indonesia. As the global push for clean energy intensifies, indigenous communities in Sulawesi have increasingly found their ancestral lands repurposed for renewable energy projects, such as hydroelectric dams, wind farms, and geothermal plants. This study explores the implications of these developments on indigenous land rights, environmental justice, and socio-economic equity. Using a mixed-methods approach, the research combines legal analysis, interviews with indigenous leaders, and field observations to assess the broader impacts of renewable energy policies on local communities. The findings reveal a significant gap between the state’s green energy agenda and the protection of indigenous rights, with many projects advancing without meaningful consultation or compensation. While renewable energy offers ecological benefits, its development has led to the displacement of indigenous peoples, loss of traditional livelihoods, and the erosion of cultural heritage. The study argues that without integrating indigenous rights into the renewable energy framework, these projects risk perpetuating environmental exclusion rather than promoting ecological justice. This research contributes to the growing discourse on the intersections of energy policy, indigenous rights, and environmental justice, offering policy recommendations for more inclusive and just approaches to renewable energy development.
Justice in Environmental Disputes: Evaluating the Performance of the Administrative Court Aprila Niravita; Bayangsari Wedhatami; Julien Lemoine; Giulia Rossi
Indonesian Court and Justice Review Vol. 1 No. 2 (2024): May, 2024
Publisher : COLLEGIUM JUSTICIA INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65815/f1qr0x56

Abstract

Environmental disputes in Indonesia often involve complex issues related to land use, natural resource management, and environmental degradation, with significant consequences for both public health and biodiversity. The Administrative Court, as a specialized judicial body, plays a central role in resolving such disputes, yet its effectiveness in delivering justice remains a topic of debate. This study evaluates the performance of the Administrative Court in handling environmental cases, focusing on the court's ability to ensure fair and timely resolution, protect environmental rights, and hold government entities accountable for their actions. Using a mixed-methods approach, the research combines an analysis of case law, court rulings, and interviews with legal professionals, environmental activists, and affected stakeholders to assess the strengths and weaknesses of the Administrative Court in addressing environmental disputes. The findings indicate that while the court has made significant contributions to environmental justice, challenges such as inconsistent rulings, limited legal resources, and the lack of specialized environmental expertise hinder its full potential. Moreover, the relationship between government agencies and the judiciary often leads to tensions that affect the court's independence and its ability to deliver impartial rulings. The novelty of this study lies in its in-depth examination of the Administrative Court's performance in the context of environmental disputes, offering both critical insights and practical recommendations for improving its effectiveness. As environmental issues become increasingly urgent, this research contributes to the ongoing dialogue on judicial reform and the role of the judiciary in promoting sustainable development and environmental protection in Indonesia.
Between Justice and Development: How the Indonesian Courts Are Handling Land Disputes in the Face of Industrial Expansion Asmarani Ramli; Aprila Niravita; Suhadi Suhadi
Indonesian Court and Justice Review Vol. 2 No. 3 (2025): August, 2025
Publisher : COLLEGIUM JUSTICIA INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65815/56wg3592

Abstract

Land disputes in Indonesia have intensified with rapid industrial expansion, infrastructure development, and agribusiness growth, often pitting local communities against state-backed corporate interests. This study analyzes how Indonesian courts adjudicate land conflicts, particularly those involving indigenous communities, smallholders, and rural populations affected by development projects. Employing case analysis, field observation, and interviews with litigants, judges, and legal aid providers, the research assesses the judiciary’s capacity to uphold land rights and environmental justice amid developmental pressures. Findings reveal a systemic bias favoring formal land title holders—typically corporations or state entities—over customary or informal land claims. Procedural barriers, lack of legal recognition for indigenous tenure, and limited judicial expertise on land law further disadvantage vulnerable claimants. While some progressive rulings exist, their impact remains limited due to weak enforcement and institutional fragmentation. This study’s novelty lies in its intersectional analysis of land, law, and development, offering a critical lens on how legal institutions mediate conflicts in resource governance. It argues that unless the judiciary is empowered and reoriented toward distributive justice, courts risk becoming instruments of dispossession rather than protectors of rights. The study contributes to wider debates on sustainable development, legal pluralism, and judicial independence in resource-rich developing countries.
Indigenous Land Rights and the Law: A Case Study of Conflict Between Development and Traditional Communities Aprila Niravita; Suhadi Suhadi
Indonesian Minority Justice Review Vol. 1 No. 2 (2024): April, 2024
Publisher : COLLEGIUM JUSTICIA INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65815/d7tan049

Abstract

This paper investigates the legal conflicts surrounding indigenous land rights in Indonesia, using a case study of a particular conflict between development projects and traditional indigenous communities. Land rights are a central issue for indigenous peoples in Indonesia, who often face displacement due to large-scale infrastructure, mining, and agricultural projects. The study examines the intersection of national laws, such as the Agrarian Law (1960) and the 2001 Law on Forestry, with indigenous customary land practices, focusing on a specific region where indigenous communities have contested development projects. Through interviews with indigenous leaders, local government officials, and legal experts, the paper evaluates the effectiveness of legal protections for indigenous land rights and the role of the state in balancing development with the rights of indigenous peoples. The findings reveal significant legal ambiguities regarding the recognition of indigenous land claims and the absence of adequate mechanisms for resolving conflicts between development and traditional land rights. The paper concludes by advocating for the formal recognition of indigenous land rights within the national legal framework, including the integration of customary laws into state law and greater consultation with indigenous communities in development planning.
Indigenous Land Rights and Environmental Justice in Indonesia: Balancing Development and Minority Protections Aprila Niravita; Suhadi Suhadi
Indonesian Minority Justice Review Vol. 2 No. 4 (2025): October, 2025
Publisher : COLLEGIUM JUSTICIA INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65815/ehgh5h74

Abstract

Indonesia’s rapid economic development has intensified land conflicts involving indigenous communities, raising critical questions about environmental justice and minority rights. This paper examines how indigenous groups assert land claims against corporate and governmental development projects, analyzing the legal frameworks, customary laws (adat), and community strategies employed to safeguard their territories. Fieldwork conducted in Central Kalimantan and West Papua includes interviews with local leaders, NGO workers, and policymakers. The research identifies systemic gaps in the recognition of indigenous land rights and explores the tensions between economic growth imperatives and social justice obligations. By situating the Indonesian case within the global discourse on indigenous rights and environmental sustainability, the study emphasizes the necessity of integrating minority protections into national development planning. The findings advocate for legal reforms, participatory policymaking, and community-based monitoring to ensure that environmental justice aligns with minority rights protection.
Minority Women Between Two Margins: Intersectional Justice in Land and Inheritance Disputes among Indigenous Communities Aprila Niravita
Indonesian Minority Justice Review Vol. 3 No. 2 (2026): April, 2026
Publisher : COLLEGIUM JUSTICIA INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65815/hnx30h75

Abstract

Women belonging to indigenous communities may experience overlapping forms of disadvantage arising from gender, customary status, economic position, and minority identity. This article examines the intersectional dimensions of land and inheritance disputes involving indigenous women in Indonesia. The research seeks to determine whether legal frameworks addressing indigenous rights and gender equality are capable of responding to vulnerabilities that arise simultaneously from multiple identities. Employing an intersectional socio-legal methodology, the study analyzes constitutional provisions, customary law, statutory frameworks, judicial decisions, and selected disputes involving land and inheritance. The article argues that single-axis approaches to discrimination are inadequate because they may recognize either women's rights or indigenous rights while overlooking the interaction between the two. In certain circumstances, indigenous women may face exclusion from customary land while simultaneously experiencing institutional barriers when seeking protection through state law. Conversely, interventions designed exclusively around gender equality may weaken culturally specific forms of community governance without addressing the structural causes of dispossession. The study therefore proposes an intersectional model of minority justice that recognizes women's individual rights alongside collective indigenous rights. It concludes that effective legal protection requires institutions capable of identifying overlapping vulnerabilities and designing remedies that avoid reproducing either gender-based or cultural marginalization. The article contributes to intersectionality scholarship by applying the framework to property, inheritance, and indigenous justice in Indonesia.
Tourism Development and Land Rights: The Case of Bali’s Indigenous Communities and the Struggle for Land Justice Aprila Niravita; Ni Luh Putri Dewi
Indonesian Tourism Justice Review Vol. 2 No. 2 (2025): June, 2025
Publisher : COLLEGIUM JUSTICIA INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65815/0n26xy56

Abstract

The rapid expansion of tourism in Bali has placed significant pressure on the island’s indigenous communities, particularly in terms of land rights and local ownership. This paper examines the intersection of tourism development and land justice in Bali, focusing on the challenges faced by indigenous communities in preserving their ancestral lands amid growing commercial interests. Using a legal and social justice framework, the paper investigates how tourism-related land acquisitions, government policies, and corporate land use impact the traditional land tenure systems of Bali’s indigenous peoples. Through a combination of interviews with local community leaders, legal experts, and case studies, the paper highlights the social, cultural, and economic implications of land dispossession, displacement, and the erosion of indigenous rights. The study argues for a rethinking of land development policies that prioritize indigenous land rights and proposes strategies for integrating community-based land management practices into tourism development planning. In conclusion, the paper calls for stronger legal protections and a more equitable approach to tourism that respects the rights of indigenous populations.
Strengthening Legal Rights in Disadvantaged Communities: Addressing Housing Injustice and Homelessness Aprila Niravita; Muhammad Adymas Hikal Fikri; Rayi Kharism Rajib; Asmarani Ramli; Andika Prawira Buana
Lentera Masyarakat Hukum Vol. 1 No. 4 (2024): October, 2024
Publisher : COLLEGIUM JUSTICIA INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65815/rpbbtp73

Abstract

Introduction: Housing injustice and homelessness are significant issues in Indonesia, especially for low-income, marginalized, and urban migrant populations. The lack of affordable housing, coupled with land disputes, eviction threats, and inadequate legal protections, exacerbates social inequalities and economic hardships.Purpose: This paper examines legal interventions designed to address housing injustice and homelessness, focusing on community-based approaches to strengthening legal rights in disadvantaged communities.Method: The research combines case studies of successful legal interventions in housing disputes with interviews from community leaders, legal professionals, and homeless individuals in urban areas.Findings and Results: The study finds that legal services are crucial in helping low-income communities secure affordable housing, challenge evictions, and protect their property rights. However, the lack of affordable housing policies and limited legal aid accessibility remain significant barriers.Urgency: The increasing number of homeless people and housing disputes in urban areas highlights the urgent need for stronger legal protections and policy reforms to address this crisis.Contribution: This paper contributes to the conversation on affordable housing and legal rights by demonstrating how community-driven legal initiatives can help mitigate the effects of housing injustice.Recommendation: The study recommends reforming housing policies, increasing the availability of legal aid services for marginalized communities, and prioritizing affordable housing development.
Strengthening Legal Awareness Among Street Vendors in Surakarta: A Study on Informality and Municipal Regulations Yustina Dhian Novita; Aprila Niravita; Fadhel Arjuna Adinda
Lentera Masyarakat Hukum Vol. 2 No. 4 (2025): October, 2025
Publisher : COLLEGIUM JUSTICIA INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65815/ndzxak23

Abstract

Introduction:Street vendors in urban Indonesia, particularly in Surakarta (Solo), operate within a legal grey zone, often facing regulatory crackdowns, eviction, or relocation without adequate legal understanding or protection. The informal nature of their economic activities makes them vulnerable to policy shifts and enforcement actions under municipal regulations. Purpose:This study aims to examine how legal awareness initiatives can empower street vendors in Surakarta to navigate municipal regulations, assert their rights, and engage more constructively with local authorities. Method:Adopting a qualitative case study approach, the research combined interviews with street vendors, municipal officials, and civil society advocates with participatory observation and analysis of relevant local regulations. Legal literacy workshops and focus group discussions were also assessed as part of the intervention. Findings and Results:The study found that increased legal awareness enabled vendors to better understand licensing processes, dispute resolution mechanisms, and the implications of municipal spatial planning policies. Vendors who participated in legal literacy sessions were more likely to seek negotiation with local authorities and form associations to collectively advocate for their interests. However, challenges remain in reconciling informal economic practices with rigid regulatory frameworks. Urgency:As urban governance in Indonesian cities becomes increasingly formalized, there is an urgent need to ensure that the rights and livelihoods of informal workers are not overlooked. Legal awareness serves as a critical foundation for inclusive and just urban development. Contribution:This research contributes to the discourse on informality and urban justice by showing how legal empowerment can reduce conflict, promote dialogue, and facilitate policy reforms that balance regulation with economic inclusivity. Recommendation:Local governments should institutionalize legal literacy programs for informal workers and create participatory platforms that include street vendors in urban policy planning. Regulatory frameworks must be adapted to reflect the realities of informality and social equity.