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All Journal JHCLS Journal of Sustainable Development and Regulatory Issues
Sobirov, Bobur Baxtishodovich
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Environmental Science Health Professions Law, Crime, Criminology & Criminal Justice Public Health

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Legal Protection in Land Acquisition for Public Interest: A Dilemma Between State Regulation and Social Welfare Irawan, Armalia Berlinda; Subekti, Rahayu; Sobirov, Bobur Baxtishodovich
Journal of Sustainable Development and Regulatory Issues (JSDERI) Vol. 2 No. 2 (2024): Journal of Sustainable Development and Regulatory Issues
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jsderi.v2i2.38

Abstract

The development of infrastructure for the general interest in Indonesia continues to be encouraged by the Government to improve the general well-being, but it has to deal with public ownership by acquiring land for such development. This study determines the forms of legal protection for landowners affected by land acquisition. The study uses normative legal research, which compares legal issues in two countries, Indonesia and the Netherlands. This research is descriptive, using statute, conceptual, and case approaches. The results of this study show that legal protection for landowners affected by land acquisition in Indonesia, based on some cases in the investigated judgment, needs to protect and provide legal certainty for landowners fully. The case is based on unilaterally granting compensation, and the court has not filed a lawsuit for such compensation. The courts in Indonesia, in settling the land acquisition damages dispute, are more subject to existing rules that do not look at the situation on the ground. The implementation of the acquisition process carried out by the Evaluation Team must comply with the procedures in the land acquisition regulations. Secondly, legal protection for landowners affected by land acquisition in the Netherlands; based on several cases in the ruling under investigation, the Netherlands has provided legal protection in the form of high compensation for the cost of landowner losses. The Supreme Court is working hard for a reasonable outcome by providing high-value compensation. Both states have the same obstacle in implementing land acquisition: a dispute with landowners about compensation.
Environmental Justice at the Environmental Regulation in Indonesia and Uzbekistan Mukti, Hudali; Sobirov, Bobur Baxtishodovich
Journal of Human Rights, Culture and Legal System Vol. 3 No. 3 (2023): Journal of Human Rights, Culture and Legal System
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jhcls.v3i3.171

Abstract

Justice theory, which emphasizes the fair and equitable allocation of risks and benefits, has significantly influenced the idea of environmental justice. Indonesia and Uzbekistan have made it mandatory for laws and regulations to implement the concept of environmental justice. Still, in practice, the rules created give birth to social-environmental conflict dimensions that are increasingly prevalent and far removed from environmental justice. This research aims to understand and analyze environmental justice regulation in Indonesia and Uzbekistan. This research uses a normative juridical approach with a literature review involving primary and secondary legal sources. The results show that the provisions of the Job Creation Bill in the forestry and environmental sectors negate access to justice via litigation at the State Administrative Court (PTUN) so that there is no public space to continue an AMDAL decision or environmental approval as part of an environmental licensing instrument in the realm of administrative law.  Regulatory problems that co-occur and are followed by implementation problems at a later date relating to the legitimacy and protection of people's constitutional rights will harm the community's sense of justice. At the same time, the issue of environmental injustice in Uzbekistan arises from the ecological crisis beginning with green space, waste management, and the water crisis that has afflicted the nation, as indicated by the preceding explanation. The government must establish national policies, institutional instruments, and central and regional environmental management authorities to facilitate development with an eye toward environmental justice.
Is the Master Civil Liable Based on Sea Freight Arrangements in Indonesia? Ratnawati, Elfrida; Wijaya, Vience Ratna Multi; Budhianti, Meta Indah; Sobirov, Bobur Baxtishodovich
Journal of Human Rights, Culture and Legal System Vol. 4 No. 1 (2024): Journal of Human Rights, Culture and Legal System
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jhcls.v4i1.194

Abstract

This research aims to analyze the regulations regarding the civil liability of the master based on the Maritime Transport Regulations in Indonesia. This research is normative legal research using secondary data and a statutory regulatory approach. The research results show that, first, if the captain, in carrying out his duties and authority, causes losses to shippers or passengers, including other material losses, due to his negligence, mistake, or error, then the master is not civilly responsible; however, if the master is due to negligence, mistake, or mistake, causing damage or destruction to the goods being transported or passengers suffering minor injuries, serious injuries, permanent disability, or death. Second, the weaknesses in the current regulation of ship worker responsibilities consist of legal weaknesses in terms of legal substance, where the responsibilities of ship workers have not been regulated strictly in the shipping law, and weaknesses in terms of legal structure, namely the legal understanding of law enforcement officials, which is still lacking in action. Shipping Crimes: There is no Special Court for Shipping Crimes, and Human Resources for Law Enforcement Officers for Shipping Crimes still needs to be improved.
Co-Authors Elfrida Ratnawati Indah Budhianti, Meta Irawan, Armalia Berlinda Mukti, Hudali Rahayu Subekti Wijaya, Vience Ratna Multi