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All Journal Jurnal Ilmu Hukum The Juris Awang Long Law Review Journal Indonesia Law and Policy Review (JILPR)
Hasibuan, Imelda
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Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Journal : Awang Long Law Review

 1 
THE EFFECTS OF CRIMINAL LAW ON LEGAL SUBJECTS OF WASTE MANAGEMENT THAT DAMAGES THE ENVIRONMENT Sunariyo; Hasibuan, Imelda
Awang Long Law Review Vol. 6 No. 2 (2024): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v6i2.1183

Abstract

Article 28H of the 1945 Constitution of the Republic of Indonesia establishes constitutional and human rights for all citizens, outlining principles for managing the environment. These principles include state responsibility, justice, and sustainability. Despite the constitutional emphasis on the right to a good and healthy environment, environmental crimes are prevalent in Indonesia, particularly where companies dispose of waste directly into rivers, leading to pollution. While Article 28H, paragraph (1) underscores the right of individuals to live prosperously in a physically and mentally healthy environment, the reality contradicts these rights. Business activities in certain regions, especially along rivers, do not align with these principles. The prevalent criminal acts often involve improper waste disposal into rivers, causing environmental degradation. It is essential to consider Law No. 32 of 2009 on Environmental Protection and Management to tackle these challenges. According to Article 1, 14 of this legislation, environmental pollution is defined as human activities leading to the introduction or involvement of living beings, substances, energy, or other environmental elements, exceeding the quality standards set for environmental conditions. This study employs a normative juridical research method that incorporates three distinct approaches. The first approach is the statutory approach, involving a thorough examination of legal regulations relevant to the central focus of the research. The second approach, the conceptual approach, involves comprehending the legal concepts that underlie the research, including the values ​​inherent in the norms. Lastly, the case approach analyzes legal norms or principles applicable to Environmental Criminal Offenses, encompassing regulations, accountability, and possible legal consequences. Environmental pollution can be explained based on Article 1, number 14 of Law No. 32 of 2009 concerning Environmental Protection and Management.
IMPLEMENTATION OF ENVIRONMENTAL LAW IN SUSTAINABLE NATURAL RESOURCE MANAGEMENT Hasibuan, Imelda; Japri, Muhammad
Awang Long Law Review Vol. 7 No. 1 (2024): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v7i1.1453

Abstract

East Kalimantan Province is endowed with abundant natural resources, including tropical forests, coal, oil, and natural gas. However, excessive exploitation of these resources has led to significant environmental degradation, including deforestation, land degradation, and water pollution. This study aims to assess the implementation of environmental law in supporting sustainable natural resource management in East Kalimantan, focusing on the effectiveness of regulations such as Law No. 32 of 2009 on Environmental Protection and Management, and the Environmental Impact Assessment (AMDAL) mechanism. The findings reveal that, despite the adequacy of the regulatory framework, its implementation remains weak due to insufficient monitoring, poor inter-agency coordination, and lenient enforcement of sanctions. Quantitative data show that approximately 45% of mining companies do not fully comply with AMDAL recommendations, while environmental oversight is minimal, with a critically low number of inspectors. To enhance the effectiveness of environmental law enforcement, steps such as improving government coordination, ensuring transparency in AMDAL processes, educating the public, and strengthening oversight and penalties are necessary. These strategies are expected to foster more sustainable natural resource management in East Kalimantan and mitigate further environmental damage.
THE EFFECTS OF CRIMINAL LAW ON LEGAL SUBJECTS OF WASTE MANAGEMENT THAT DAMAGES THE ENVIRONMENT Sunariyo; Hasibuan, Imelda
Awang Long Law Review Vol. 6 No. 2 (2024): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v6i2.1183

Abstract

Article 28H of the 1945 Constitution of the Republic of Indonesia establishes constitutional and human rights for all citizens, outlining principles for managing the environment. These principles include state responsibility, justice, and sustainability. Despite the constitutional emphasis on the right to a good and healthy environment, environmental crimes are prevalent in Indonesia, particularly where companies dispose of waste directly into rivers, leading to pollution. While Article 28H, paragraph (1) underscores the right of individuals to live prosperously in a physically and mentally healthy environment, the reality contradicts these rights. Business activities in certain regions, especially along rivers, do not align with these principles. The prevalent criminal acts often involve improper waste disposal into rivers, causing environmental degradation. It is essential to consider Law No. 32 of 2009 on Environmental Protection and Management to tackle these challenges. According to Article 1, 14 of this legislation, environmental pollution is defined as human activities leading to the introduction or involvement of living beings, substances, energy, or other environmental elements, exceeding the quality standards set for environmental conditions. This study employs a normative juridical research method that incorporates three distinct approaches. The first approach is the statutory approach, involving a thorough examination of legal regulations relevant to the central focus of the research. The second approach, the conceptual approach, involves comprehending the legal concepts that underlie the research, including the values ​​inherent in the norms. Lastly, the case approach analyzes legal norms or principles applicable to Environmental Criminal Offenses, encompassing regulations, accountability, and possible legal consequences. Environmental pollution can be explained based on Article 1, number 14 of Law No. 32 of 2009 concerning Environmental Protection and Management.
IMPLEMENTATION OF ENVIRONMENTAL LAW IN SUSTAINABLE NATURAL RESOURCE MANAGEMENT Hasibuan, Imelda; Japri, Muhammad
Awang Long Law Review Vol. 7 No. 1 (2024): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v7i1.1453

Abstract

East Kalimantan Province is endowed with abundant natural resources, including tropical forests, coal, oil, and natural gas. However, excessive exploitation of these resources has led to significant environmental degradation, including deforestation, land degradation, and water pollution. This study aims to assess the implementation of environmental law in supporting sustainable natural resource management in East Kalimantan, focusing on the effectiveness of regulations such as Law No. 32 of 2009 on Environmental Protection and Management, and the Environmental Impact Assessment (AMDAL) mechanism. The findings reveal that, despite the adequacy of the regulatory framework, its implementation remains weak due to insufficient monitoring, poor inter-agency coordination, and lenient enforcement of sanctions. Quantitative data show that approximately 45% of mining companies do not fully comply with AMDAL recommendations, while environmental oversight is minimal, with a critically low number of inspectors. To enhance the effectiveness of environmental law enforcement, steps such as improving government coordination, ensuring transparency in AMDAL processes, educating the public, and strengthening oversight and penalties are necessary. These strategies are expected to foster more sustainable natural resource management in East Kalimantan and mitigate further environmental damage.
CUSTOMARY LAND CONFLICTS BETWEEN DAYAK INDIGENOUS LAW AND STATE LAW IN INDONESIA Anjani, Diva Rafi; Hasibuan, Imelda; Nafhani, Ahmad; Subroto, Aryo
Awang Long Law Review Vol. 8 No. 2 (2026): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v8i2.2045

Abstract

Indonesia’s legal system is characterized by legal pluralism, in which state law coexists with customary law (adat) practiced by indigenous communities. Despite constitutional recognition and supportive judicial decisions, conflicts over customary land persist, particularly among Dayak indigenous communities in Kalimantan. These conflicts largely arise from structural incompatibilities between state land law—centered on administrative legality, formal registration, and written evidence—and customary law, which is grounded in communal ownership, oral traditions, and social legitimacy. This article analyzes conflicts between Dayak customary law and state law in the governance of customary land from a legal anthropology perspective. It examines the operation of Dayak customary law as a living law, identifies the causes and forms of conflict with state legal regimes, and assesses the implications of these conflicts for customary land governance and legal certainty. The research employs a qualitative legal-anthropological approach. Data were collected through in-depth interviews with customary leaders, community members, and relevant stakeholders, complemented by participant observation and document analysis. The data were analyzed using descriptive and interpretative methods, drawing on the concepts of legal pluralism and semi-autonomous social fields. The findings demonstrate that Dayak customary law remains effective in regulating land control, use, and dispute resolution at the community level. However, conflicts persist due to the dominance of formal state legal mechanisms that marginalize customary authority in land administration, licensing, and development processes. Normative recognition of indigenous rights alone has proven insufficient to secure legal protection for customary land. The study argues that substantive integration of customary institutions into state land governance frameworks is essential to reduce conflict, enhance legal effectiveness, and ensure meaningful protection of indigenous land rights.
Co-Authors Ahmad Nafhani Anjani, Diva Rafi Aryo Subroto Desy Ratnasari Japri, Muhammad Sunariyo