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All Journal Al-'Adl Jurnal Kajian Pembaruan Hukum Priviet Social Sciences Journal Jurnal Darussalam : Pemikiran Hukum Tata Negara dan Perbandingan Mazhab JLAS: Journal of Law and Administrative Science
Rizaldy, Wahyu Fahmi
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Economics, Econometrics & Finance Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Dilemma of Legal Transplantation in CCS Regulations: Between Harmonization and Adaptation to Local Context Rizaldy, Wahyu Fahmi; Lilleh, Elbouche Chems Sadjda
Jurnal Kajian Pembaruan Hukum Vol. 4 No. 2 (2024): July-December 2024
Publisher : University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jkph.v4i2.51726

Abstract

Climate change necessitates innovative solutions like Carbon Capture and Storage (CCS) to reduce CO2 emissions. CCS involves capturing and storing CO2 in underground geological formations. Implementing CCS in Indonesia requires a comprehensive regulatory framework addressing technical standards, permits, monitoring, and financing, while also considering environmental and social risks. This research analyzes the dilemma of "legal transplantation" in Indonesian CCS regulations, balancing harmonization with international standards and adaptation to local contexts. Legal transplantation involves adopting legal rules from one jurisdiction to another. In this context, it might involve incorporating international best practices into Indonesian law. This raises questions about reconciling foreign legal elements with existing Indonesian legal frameworks and the country's unique context. This research employs normative legal methods with a qualitative approach. Data was gathered through literature reviews, comparative analysis, case studies, and comprehensive interviews. This study examines the impact of legal transplantation on developing CCS regulations in Indonesia, analyzing the challenges and opportunities in adapting regulations from other countries. It explores achieving a balance between global harmonization and local adaptation. Utilizing normative legal research methods with a qualitative approach, this research aims to contribute to developing effective and sustainable CCS regulations in Indonesia. With a suitable regulatory framework, CCS can be a crucial tool in mitigating climate change.
Tinjauan Kritis Pemberlakuan Restorative Justice dalam Sistem Peradilan Pidana Kasus Perkosaan Anak di Indonesia Novi Enjelina Putri; Annisa Firdhausy; Rizaldy, Wahyu Fahmi
Journal of Law and Administrative Science Vol. 3 No. 1 (2025): JLAS : Journal of Law and Administrative Science (April)
Publisher : Universitas Teknologi Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33478/jlas.v3i1.34

Abstract

Restorative justice, originally designed to protect the future of the offender's child, in practice creates new inequalities by failing to ensure justice and protection for victims, particularly in the context of sexual crimes with severe physical and psychological consequences. This research emphasizes the need to critically evaluate the application of restorative justice in child rape cases, so that it does not become a shortcut to solving cases without comprehensively considering the rights of victims and the principles of substantive justice. This research criticizes the application of restorative justice in the juvenile criminal justice system, particularly in rape cases involving children as both perpetrators and victims. Using a normative legal approach, this research analyzes how restorative justice is prioritized as a form of peaceful resolution, but may ignore the rights and overall recovery of victims.
DINAMIKA IZIN LINGKUNGAN INDUSTRI DAN PENANGANAN PENCEMARAN DAERAH ALIRAN SUNGAI (DAS) CITARUM Rizaldy, Wahyu Fahmi
JURNAL DARUSSALAM: Pemikiran Hukum Tata Negara dan Perbandingan Mazhab Vol. 4 No. 1 (2024): Jurnal Darussalam: Pemikiran Hukum Ketatanegaraan dan Perbandingan Mazhab
Publisher : STIS Darussalam Bermi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59259/jd.v4i1.118

Abstract

This study explores the multidimensional dynamics of the prohibition of polyandry, a marital practice where a woman has more than one husband. Methodologically, the research is grounded in a qualitative approach, drawing on a diverse range of literature, including books, journals, and websites, which are analyzed descriptively and analytically based on the theory of Maslahah. The study aims to provide a deeper understanding and analysis of the dynamics surrounding the prohibition of polyandry and its relevance to the concept of Maslahah. The exploration reveals that the prohibition of polyandry is influenced by social, legal, cultural, economic, and health dimensions. From a social perspective, polyandry disrupts patriarchal structures and complicates issues of lineage and inheritance. Legally, the practice challenges administrative regulations and civil status, reflecting dominant religious and moral norms that support monogamy or controlled polygamy. Economically, while polyandry may address financial constraints in specific settings, it generally reduces economic efficiency and household financial management in the broader societal context. In terms of health, the practice poses risks related to sexual and reproductive health, potentially increasing the spread of sexually transmitted diseases and complicating reproductive management. Additionally, through the lens of Maslahah in Islamic law, the prohibition of polyandry is considered an effort to protect the public welfare, minimize harm (mudharat), and enhance social and familial stability. It indicates that the prohibition policy is not only a manifestation of traditional or religious values but also the result of pragmatic and comprehensive consideration of its long-term impacts on the structure and function of society. Overall, the study provides a critical explanation of how the concept of Maslahah justifies the prohibition, ultimately aiming to preserve societal order and overall well-being.
BUILDING TRUST IN THE DIGITAL WORLD: STRENGTHENING CYBER REGULATIONS, ADDRESSING THE CHALLENGES OF SURVEILLANCE TECHNOLOGY FROM AN ISLAMIC PERSPECTIVE: MEMBANGUN KEPERCAYAAN DI DUNIA DIGITAL: MEMPERKUAT REGULASI SIBER, MENGATASI TANTANGAN TEKNOLOGI PENGAWASAN DARI PERSPEKTIF ISLAM Rizaldy, Wahyu Fahmi; Sopalo, Justino Ximenes Sopalo
Journal of Law and Administrative Science Vol. 3 No. 2 (2025): JLAS : Journal of Law and Administrative Science (Oktober)
Publisher : Universitas Teknologi Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33478/jlas.v3i2.45

Abstract

The digital era has significantly transformed human interaction, presenting complex opportunities and challenges. Trust is a crucial pillar in building healthy and productive interactions in the digital world. However, this trust is threatened by various factors, including cybercrime, the spread of misinformation, and increasingly invasive surveillance technology. In this context, the Islamic perspective offers a comprehensive ethical framework for building trust in the digital age. This research aims to explore how Islamic principles can be applied to build trust in the digital world. The study will identify Islamic principles relevant to building trust, develop a cyber regulation framework based on Islamic values, and formulate strategies to address the challenges of surveillance technology while considering Islamic ethics and values. A normative legal approach will be employed, focusing on regulatory studies, analysis of primary and secondary Islamic legal sources, and a comparative study of cyber regulations in Muslim-majority countries. This research is expected to make a significant contribution to formulating effective, ethical, and equitable cyber regulations, as well as addressing the challenges of surveillance technology in the digital age.  
Towards Ecological Justice: Perspectives on Islamic Law and Deep Ecology Environmental Ethics in Overcoming The Environmental Crisis: , Rizaldy, Wahyu Fahmi; Sopalo, Justino Ximenes Sopalo
Al-'Adl Vol. 19 No. 1 (2026): Al-'Adl
Publisher : Institut Agama Islam Negeri Kendari

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The increasingly urgent global environmental crisis demands effective, fair, and equitable solutions. The concept of ecological justice offers a crucial framework to achieve this goal. This framework fundamentally emphasizes the fair distribution of environmental benefits and burdens, secures the recognition of the rights of indigenous and local communities, and mandates inclusive participation in environmental decision-making. In this context, Islamic law presents a robust foundation for achieving this justice. Its principles are rooted in the human responsibility as 'caliphs' (stewards) of the Earth. This perspective is highly compatible with deep ecology's environmental ethics, which radically views nature as possessing intrinsic value, independent of human utility. This paper aims to develop a theoretical framework that integrates these two potent systems—Islamic law and deep ecology ethics—and subsequently applies this synthesized framework to real-world case studies. A normative legal method is employed to systematically analyze Islamic legal principles and doctrines relevant to ecological justice. The research results indicate that this integration provides comprehensive, ethically-grounded guidance for addressing the complex environmental crisis. This approach moves beyond mere conservation to champion true ecological justice. Principles within Islamic jurisprudence, such as the prohibition against destroying nature (fasad), the obligation to maintain ecosystem balance (mizan), and the concept of the rights of all living creatures, align closely with the core values of deep ecology, particularly the emphasis on interconnection and nature's intrinsic worth. Ultimately, the application of this theoretical framework in real case studies demonstrates its significant potential to create tangible, sustainable, and genuinely just environmental solutions that respect both human dignity and ecological integrity.
Deconstructing climate justice in indonesia's climate mitigation legal policy: A theoretical analysis of distributive and procedural justice in the Carbon Economic Value (NEK) regulation Rizaldy, Wahyu Fahmi
Priviet Social Sciences Journal Vol. 6 No. 3 (2026): March 2026
Publisher : Privietlab

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55942/pssj.v6i3.924

Abstract

Presidential Regulation No. 98 of 2021 “Carbon Economic Value” gives the first market-based instrument in the legal politics of Indonesia mitigation of climate change. In relation to this, the regulation hopes to accelerate target emissions. However, it also under climate justice implications in relation to the most vulnerable, specifically Indigenous Peoples (Masyarakat Hukum Adat/MHA). This research aims to dismantle the climate justice within the legal politics of NEK Regulation. This research is based on normative legal research methods where the author employs a statute, a conceptual approach, and a critical approach. This research is concerned with the two pillars of justice: distributive and procedural. The research findings show, first, that the legal politics of NEK distributive justice is to a large degree narrowly defined where the focus is on the ‘money’, ‘distribution’, and ‘rights’, and these ‘rights’ are the corporate permits. Perhaps worse, there are likely neo-disparities in the economic benefit-sharing to the Indigenous Peoples relative to the ecological burden-sharing. Second, in respect to the NEK regulation and procedural justice, particularly around the Free, Prior and Informed Consent (FPIC) concept, procedural justice in its normative assessment sees it as the completion of an administrative ritual. Such representation runs a high risk of becoming tokenism, which co-opts and undermines the real rights of Indigenous Peoples concerning carbon governance. This study finds that the NEK Regulation, as it currently stands, favors the efficiency of markets over justice in a substantive form, which illustrates the need to refocus the legal politics of mitigation on climate justice as a cornerstone.
Co-Authors Annisa Firdhausy Lilleh, Elbouche Chems Sadjda Novi Enjelina Putri Sopalo, Justino Ximenes Sopalo