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All Journal JURNAL LITIGASI (e-Journal) FIAT JUSTISIA: Jurnal Ilmu Hukum Jurnal Hukum dan Pembangunan Ekonomi Syntax Literate: Jurnal Ilmiah Indonesia Jurnal Pro Hukum : Jurnal Penelitian Bidang Hukum Universitas Gresik Jurnal Ilmu Hukum The Juris PALAR (Pakuan Law review) KRTHA BHAYANGKARA Jurnal Ilmiah Publika Jurnal Kewarganegaraan Batulis Civil Law Review Al-Mazaahib: Jurnal Perbandingan Hukum Jurnal Nasional Pengabdian Masyarakat Abdi Bhara: Jurnal Pengabdian Kepada Masyarakat Jurnal Hukum dan Pembangunan Journal of Law and Legal Reform Pandecta : Jurnal Penelitian Ilmu Hukum (Research Law Journal) Jurnal Pengabdian Hukum Indonesia Publication of the International Journal and Academic Research (PIJAR) Ipso Jure
Syahruddin, Erwin
Faculty Of Law, Universitas Bhayangkara Jakarta Raya
Religion Humanities Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Environmental Science Law, Crime, Criminology & Criminal Justice Public Health Social Sciences Other

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Carbon Trading as a New Paradigm for Indonesia's Polluter Pays Principle Syahruddin, Erwin; Saputra, Rahmat; Cardenas, Andre; Ali, Alizah
Journal of Law and Legal Reform Vol. 5 No. 1 (2024): Contemporary Global Issues on Law Reform, Legal Certainty, and Justice
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.vol5i1.2090

Abstract

Climate change is driven by a combination of natural fluctuations and human activities, particularly the widespread use of fossil fuels (such as coal, oil, and natural gas) and alterations in land use practices such as logging, farming, and clearing land for agriculture. This global phenomenon encompasses various end-of-use activities, including agriculture, forestry, and consumerism. An inherent challenge in the global carbon dioxide (CO2) trading landscape lies in the competition between developed and developing countries, stemming from inconsistent CO2 prices. This competition manifests in three primary areas. Firstly, in the context of internationally transmitted mitigation outcomes, involving international trade aimed at surpassing Nationally Determined Contributions (NDC) targets. Secondly, it pertains to sustainable development mechanisms, specifically the use of carbon offsets derived from projects implemented by both public and private entities worldwide. The third aspect revolves around non-market approaches, encompassing emission reduction through mitigation and adaptation efforts, financial support, technology transfer, and capacity building, which may involve tools like carbon taxes and Carbon Border Adjustment Mechanism (CBAM). This research adopts a legal norm perspective, delving into methods that investigate, describe, synthesize, interpret, evaluate, and analyze positive approaches. The findings signify a paradigm shift aligning with the "polluter pays principle," recognizing that entities and individuals responsible for environmental pollution should bear the associated costs. In the quest for a new paradigm of sustainable development, a carbon market ecosystem assumes a pivotal role. This ecosystem contributes to enhancing sustainability by curbing greenhouse gas emissions and offering economic incentives to address climate change. It acts as a cornerstone in constructing a fresh paradigm for potential development.
The Role of Environmental Easement Rights in Building Environmental, Social, and Governance (ESG) Principles Syahruddin, Erwin; Sugeng, Sugeng; Liu, Yaoping
Fiat Justisia: Jurnal Ilmu Hukum Vol. 19 No. 3 (2025)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v19no3.4190

Abstract

This article critically explores the potential of environmental use rights as a legal mechanism to advance a more inclusive and sustainable Environmental, Social, and Governance (ESG) framework. Traditionally limited to physical access or utility purposes, use rights have yet to realize their ecological and social functions within environmental governance. Using a normative legal and conceptual approach, this study argues that environmental use rights can enhance landowner accountability for ecological integrity while institutionalizing ESG principles of stewardship, transparency, and responsibility. Positioned as a hybrid construct between private property rights and public environmental interests, these rights offer a transformative legal pathway toward ecological justice and participatory land governance. Recognizing their normative and ecological value can empower communities to monitor land use, mitigate spatial conflicts, and embed environmental considerations into ESG assessment structures.
Playing a Role as a Mediator in Resolving Child Disputes Erwin Syahruddin; Sugeng, Sugeng; Adi Nur Rohman; Diana Fitriana; Andre Cardenas; Alizah Ali
Indonesian Journal of Legal Community Engagement Vol. 8 No. 2 (2025): July-December, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jphi.v8i2.19272

Abstract

Sekolah Indonesia Davao (SID) in Mindanao, Philippines, was established in 1985 to provide education for Indonesian children. However, the main challenge faced is conflicts among students and between students and teachers, which are also influenced by family and social dynamics. The lack of knowledge about conflict resolution methods, such as mediation, has become a significant obstacle in creating a conducive learning environment. This activity aims to introduce mediation as a conflict resolution solution through socialization and training for students at Sekolah Indonesia Davao. The methodology used includes initial observation, interviews with teachers and students, problem mapping, the formation of a training team, and the implementation of socialization and training activities using role-playing as mediators. The results of the activity showed an increased understanding of mediation concepts and the ability to practice simple conflict resolution among students. The role-playing method proved to be effective in engaging students, although the limitation of students' proficiency in the Indonesian language was identified as one of the challenges. In conclusion, the introduction of mediation can help create more effective conflict resolution solutions in the school environment. It is recommended that similar activities be continued with a focus on improving students' Indonesian language skills and involving more stakeholders, such as parents and the local community, to broaden the program's impact. Thus, the results of this program can serve as a foundation for developing conflict resolution methods in similar schools.
PHILIPPINES-THAILANDINDONESIA EXPLORATION: Recontextualizing Anti-SLAPP in Protecting Access to Ecological Justice Syahruddin, Erwin; Andre Cardenas Jr.; Akbar Sarif; Rahmat Saputra
Pandecta Research Law Journal Vol. 20 No. 2 (2025): December, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/pandecta.v20i2.29495

Abstract

This study examines the strategic challenges faced by environmental rights defenders in Indonesia, the Philippines, and Thailand, including the abuse of the law through the practice of Strategic Lawsuits Against Public Participation (SLAPPs) used by corporations or authorities to silence public criticism of environmental damage. Although all three countries have legal instruments for protection, their implementation is still limited and does not comprehensively cover aspects of procedural law. This study uses a normative legal approach with a comparative legal method to analyze the form of anti-SLAPP legal protection and its potential integration into the criminal procedural system. The results show that Indonesia and the Philippines still limit legal protection to environmental issues, while Thailand has more advanced normative provisions but has not been effective in preventing SLAPPs at the early stages of the legal process. A legal mechanism is needed that allows for the termination of SLAPP cases at the investigation or prosecution stage through clear legal indicators and strengthening prosecutorial discretion based on the principle of public interest. The novelty of this study lies in the proposed integration of Anti-SLAPP principles into criminal procedural law as a preventive measure against the criminalization of environmental activists and as a recognition of ecological justice, where protection of public participation and freedom of expression is an integral part of social justice in the context of environmental protection. 
The Antinomy Of Corporate Criminal Law Enforcement In The Environment Syahruddin, Erwin
Ipso Jure Vol. 1 No. 12 (2025): Ipso Jure - January
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/gcm88z65

Abstract

A corporation whose business activities are suspected of polluting and damaging the environment and having a major and important impact on the environment. Corporations in carrying out their business activities can cause environmental crimes, one of which is the Lapindo mud case. Article 116 of UUPPLH has regulated law enforcement on environmental criminal cases committed by corporations where criminal charges and criminal sanctions are imposed on business entities and/or people who give orders to commit such criminal acts or people who act as leaders of activities in such criminal acts. This research is a doctrinal legal research, in which this research examines the enforcement of criminal law for corporations that commit environmental crimes with a focus on the Lapindo mud case. The results of this study found that there are several obstacles in law enforcement of the Lapindo mud case, namely in terms of legal factors / laws, law enforcement factors, facilities or facilities, and cultural factors.
Board Of Directors Accountability In Good Business Practice Syahruddin, Erwin
Ipso Jure Vol. 1 No. 12 (2025): Ipso Jure - January
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/wvyd3x83

Abstract

In a Limited culpability Company (PT), where directors are frequently held responsible for their acts pertaining to the company's administration, this study examines the legal concerns surrounding the board of directors' culpability. This obligation may result in civil liability, criminal liability, or even removal from office. Finding the legal void surrounding acquit et de charge (free from liability) under Law No. 40/2007 on Limited Liability Companies (UUPT), which does not specifically govern the procedure, is the primary goal of this study. This study employs the normative technique, which focuses on examining relevant laws and regulations, specifically the UUPT, as well as jurisprudence and doctrine pertaining to the Board of Directors' liability. Using this method, the study discovered that while the Company Law governs the Board of Directors' power and duty, there are no explicit guidelines governing the acquit et de charge process in PT's Board of Directors' accountability process. This creates ambiguity in the way the Board of Directors' responsibility to the General Meeting of Shareholders (GMS) is implemented and raises the possibility of power abuse that could hurt family members. In order to give the Board of Directors legal certainty and fairness in the performance of their obligations, this conclusion necessitates additional regulation of the absolve et de charge mechanism.
Co-Authors Abdillah Umar Lubis Adhi Inderaputra Adi Nur Rohman Agus Rimawan Akbar Sarif Akhmad Fauzi Aldy Kurniawan Dika Ali Johardi Ali, Alizah Alizah Ali Andika Nur Abdi Andre Cardenas Andre Cardenas Jr. Andre Faschal Neta Nyahu Aris Yulia, Aris Arum Rindani Bestian Adha Bionda Johan Anggara Cardenas, Andre Diana Fitriana Dika, Aldy Kurniawan Dwi Seno Wijanarko Elisa Sugito Emilda Yofita Fahlevi, Muhammad Reza Syah Fahmi Hafid Bachmid Fahririn, Fahririn Gerry Lesmana Gugus Atmoko Gunawan Gunawan Hardian Hardian Hari Purwadi Heru Mahendra Hotma P. Sibuea Husein Tamara Ubay Johan Johan Katrina Siagian Kiki Widya Sari Liu, Yaoping M. Khoerul Anam M. Kholilurrahman Meydi Nabillah Miharja, Marjan Misbahul Huda Misbahul Huda Nainggolan, Indra L Nur Abdi, Andika Nyahu, Andre Faschal Neta Rahmat Saputra Rahmawati Eka Sari Rizal Apriyanto Rohman, Adi Nur Romasindah Aidy, Widya Ronal Saut Rusnandi Rusnandi Saiful Anam Salamat Martua Saparuli Saparuli Saputra, Rahmat Sari, Kiki Widya Sugeng Sugeng Sugeng Supanto , Viktor Agung Pratama Wahyu Nugroho Yana Sukma Permana Zainab, Nina