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All Journal Jurnal Kajian Pembaruan Hukum Jurnal Darussalam : Pemikiran Hukum Tata Negara dan Perbandingan Mazhab JLAS: Journal of Law and Administrative Science
Rizaldy, Wahyu Fahmi
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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.
Co-Authors Annisa Firdhausy Lilleh, Elbouche Chems Sadjda Novi Enjelina Putri