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Alternative Dispute Resolution in Marine Pollution: Advancing Ecological Justice through the Polluter Pays Principle Triana, Nita; Turistiati, Ade Tuti; Monk, Lincoln James Faikar
Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Vol. 7 Issue 1 (2024) Volksgeist: Jurnal Ilmu Hukum Dan Konstitusi
Publisher : Faculty of Sharia, Universitas Islam Negeri (UIN) Profesor Kiai Haji Saifuddin Zuhri Purwokerto, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/volksgeist.v7i1.10047

Abstract

This study seeks to elucidate the challenges associated with compensation in marine pollution disputes through the lens of the Alternative Dispute Resolution (ADR) model. Governed by UUPPLH Number 32 of 2009, polluters are mandated to provide compensation for both affected parties and environmental restoration. However, the implementation of the ADR model in practice has seen polluters compensating only the affected communities, notably fishermen. This research endeavors to develop an ADR legal framework that encapsulates ecological justice, ensuring fairness for both society and the environment. The methodology employed in this study is non-doctrinal legal research, which involves analyzing legal phenomena within their social and cultural context. Findings from this research indicate that pollution disputes in the waters in Cilacap were resolved using the ADR model, with a disproportionate focus on compensating fishing communities. This results in environmental damage due to minimal environmental ADR legal framework grounded in the Polluter Pays principle. Such a framework should encompass legal provisions for environmental prevention, mitigation, and restoration. From a structural perspective, it is imperative to foster integration and connectivity between the community and ministries responsible for addressing marine environmental pollution, to facilitate effective environmental mitigation and restoration efforts. Additionally, in the realm of legal culture, there is a crucial need to cultivate legal awareness among the public regarding environmental conservation and management. This awareness should permeate all levels of society, including business entities, legislative bodies, the government, and law enforcement agencies. A robust legal system is essential for making ADR an equitable mechanism for resolving disputes, benefiting both victims of pollution and the environment.
Application of the Precautionary Principle in Judge's Legal Considerations for Pollution Cases in Islamic Law Perspectives Triana, Nita; Khashogi, Luqman Rico; Turistiati, Ade Tuti; Monk, Lincoln James Faikar
al-'adalah Vol 20 No 1 (2023): AL-'ADALAH
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/adalah.v20i1.16660

Abstract

In industrial activities, the precautionary principle in protecting the environment is very important. This research examines how judges use the precautionary principle in making legal decisions in cases of environmental pollution. This research is a doctrinal qualitative with a normative juridical approach. Based on the research findings, the Panel of Judges in the decision of the North Jakarta District Court Number: 735/PDT.G-LH/2018/PN.Jkt.Utr determined that PT. HAYI has carelessly disposed of B3 waste from textile industry activities. In that decision, the Panel of Judges expanded the understanding of the Precautionary Principle, from the level of management and preventive policies to the level of repressive dispute resolution. The judge has also changed the Rio Declaration which is only morally binding to a hard law which is directly used as a source of law in deciding a case. This development is a paradigm shift in environmental justice from homocentric to ecocentric. In Islamic Law, the precautionary principle is related to the concept of ihtiyāth(prudence) and correlates with sadd al-dzarī'ah, namely the maximum effort to suppress everything that can be a means of prohibited things to avoid the amount of damage. Within the framework of Usul Fiqh, avoiding damage is a priority step rather than reaping benefits.
Legal System of Community Participation in Environmentally Friendly Power Plants: A Socio-Legal Study of Micro-Hydro Projects in Central Java Triana, Nita; Mukhtar, Naqiyah; MD Rasip, Osman; Ramadhan, Hafizh Faikar Agung; Monk, Lincoln James Faikar
Jurnal Hukum Vol 41, No 3 (2025): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jh.41.3.567-587

Abstract

Energy management is closely linked to environmental concerns and community involvement. However, in electrical energy regulations, community participation is frequently overlooked, with the community treated solely as a consumer. This study examines the legal system for community participation in environmentally friendly micro-hydro power plants. The research method used was qualitative, with a socio-legal approach. Data was collected through observation and in-depth interviews with purposefully chosen informants. The findings show that the legal system, in the form of legal substance, such as management rules and legal structures, is implemented in a participatory manner by the residents of Karangtengah and Lebakbarang villages. Community participation is critical to the success of the two villages' micro-hydro power projects, which earned them the provincial award for the best management of micro-hydro projects in Central Java. Community participation in this project is strong because the community has a legal culture characterized by cooperation, environmental friendliness, deliberation, and family values. Based on the level of participation, community involvement in the micro-hydro project is at the highest level, namely partnership, delegation of authority, and citizen control.
Adaptation of Tajikistan International Students to Indonesian Culture Turistiati, Ade Tuti; Narmadi, Hanugrah Banyu; Monk, Lincoln James Faikar
KOMUNIKA: Jurnal Dakwah dan Komunikasi Vol. 18 No. 1 (2024)
Publisher : Fakultas Dakwah UIN Saizu Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/komunika.v18i1.9537

Abstract

The culture of Tajikistan and Indonesia is very different. Some of the differences found include differences in language, traditions, and customs, types of food and how to cook it, and so on This study explored the phenomenological details of Tajik students who study in Purwokerto. The specifics revolved around the adaptation strategy to the Indonesian culture. A qualitative research method with a phenomenological study approach is used in this study. Data was gathered through in-depth interviews, observation, and review of relevant previous research articles and documents. According to the study's findings, the similarity of religious background (Islam) is a medium that allows Tajik students to bridge and make friends with residents or Indonesians. Language skills are essential in intercultural communication with local citizens (classmates, lecturers, and society). Learning national and local languages (Indonesian and Javanese) and English is extremely beneficial in intercultural communication. Tajik students are more likely to engage in low-contact communication, patriarchal systems, collectivism, and value feminism. Food and climate differences can cause culture shock. "Life is only once, so we must enjoy it," is one approach to dealing with cultural issues. The presence of students assigned as companions greatly aids the adaptation process of Tajikistan international students to Indonesian culture.
Estimating Player Market Value in Virtual Leagues: A Clustering Approach Using Player Attributes for Metaverse Applications Turistiati, Ade Tuti; Monk, Lincoln James Faikar; Ramadhan, Hafizh Faikar Agung
International Journal Research on Metaverse Vol. 2 No. 2 (2025): Regular Issue June 2025
Publisher : Bright Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47738/ijrm.v2i2.28

Abstract

The advent of virtual environments, particularly within the Metaverse, has revolutionized the way sports simulations and virtual leagues operate. In these environments, understanding and predicting player market value is essential for optimizing team management, player scouting, and in-game strategies. This paper presents a clustering approach using K-Means to segment players based on their performance attributes and predict their market value in virtual leagues. The dataset includes various player attributes such as age, goals scored, assists, minutes played, and performance metrics like expected goals (xG) and expected assists (xA). The K-Means clustering algorithm was applied to partition players into three distinct groups based on their performance profiles. The results indicated that high-performing players, characterized by high goals scored, assists, and other key metrics, were grouped in one cluster, while lower-performing players were segmented into another. These clusters correspond to different player market values, with higher-performance clusters being associated with higher market value. The clustering analysis reveals significant patterns that can inform virtual league operations, including player trading, recruitment, and team-building strategies. The findings suggest that virtual league developers, managers, and gamers can leverage these clusters to make more informed decisions regarding player acquisitions and team compositions. Furthermore, the clustering results can be used to dynamically adjust player values based on their performance attributes, offering a realistic simulation of real-world sports economics. Future research may explore more advanced clustering techniques, such as hierarchical clustering, and expand the dataset to include additional attributes like player psychology or external factors like fan sentiment. Overall, this paper highlights the potential of clustering algorithms to enhance player market valuation and decision-making within virtual leagues.