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All Journal JUSTITIA JURNAL HUKUM Jurnal Ius Constituendum JUSTISI JURNAL USM LAW REVIEW Journal of Law Justice
Hadi Tuasikal
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Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Journal : Jurnal Ius Constituendum

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Corporate Responsibility for Environmental Damage from The Perspective of Unlawful Acts and Environmental Justice Dahliani Dahliani; Hadi Tuasikal
Jurnal Ius Constituendum Vol. 10 No. 2 (2025): JUNE
Publisher : Magister Hukum Universitas Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26623/jic.v10i2.12020

Abstract

The purpose of this study is to analyze the application of the principles of unlawful acts and environmental justice to companies, obstacles to law enforcement, and the monitoring and enforcement system related to environmental damage in Indonesia. Environmental damage caused by corporate activities is a global issue. Companies often ignore ecological impacts, threaten biodiversity, and harm surrounding communities, requiring strict law enforcement. Law enforcement against companies that damage the environment in Indonesia faces major obstacles, such as a lack of effective supervision, corruption, and political influence, which hinder corporate responsibility for environmental damage. This study offers a novel perspective by focusing on the legal responsibility of perpetrators of land damage, moving beyond previous research that primarily discussed the government's right to sue for unlawful acts. This study uses a normative juridical approach with analysis of legal regulations, principles of corporate responsibility, and environmental justice, using secondary data analyzed qualitatively. The results indicate that corporate responsibility for environmental damage from the perspective of unlawful acts and environmental justice in Indonesia still faces obstacles. Although regulations govern corporate responsibility, applying the principles is ineffective due to political influence, corruption, and weak monitoring. Strengthening regulatory institutions, implementing transparent reporting systems, and imposing stricter sanctions on companies damaging the environment are important steps to ensure justice. Developed countries can serve as models for improving Indonesia’s law enforcement system.
Legal Protection of Customary Forests of the Awyu Tribe in South Papua From a National and International Law Perspective Kristin, Nonce Kristin Gaman; Dwi Pratiwi Markus; Hadi Tuasikal
Jurnal Ius Constituendum Vol. 10 No. 2 (2025): JUNE
Publisher : Magister Hukum Universitas Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26623/jic.v10i2.12042

Abstract

Amid the expansion of extractive industries that threaten ecosystems and marginalize indigenous communities, the Awyu Tribe in South Papua faces increasing pressure over the ownership and protection of their customary forests. This study aims to explore the ownership conflict of Awyu customary forests, assess the effectiveness of national and international legal frameworks, and evaluate the implementation of state policies in securing indigenous rights and ecological justice. The urgency of this issue lies in the persistent neglect of the Awyu people's legal standing, where regulations often fail to reflect their lived realities and cultural values. Using a normative legal method, the research applies statutory, conceptual, comparative, and case-based approaches, relying on secondary data sourced from literature and analyzed through qualitative-descriptive techniques. Findings indicate that although both national and international law recognize indigenous rights, implementation on the ground is obstructed by bureaucratic inefficiencies and competing economic interests. The principle of Free, Prior, and Informed Consent (FPIC) is frequently disregarded, resulting in systemic land dispossession and environmental degradation. This research offers a novel perspective by integrating fragmented legal mechanisms into a cohesive approach to indigenous forest protection. As a normative recommendation, the study calls for stronger enforcement of FPIC, institutional reform to reduce regulatory bias, and the meaningful inclusion of indigenous voices in policy formulation and implementation.
Co-Authors Ananda Nasirah Asmuruf, Johana Dahliani Dahliani Dwi Pratiwi Markus, Dwi Ganen Seknun Hasriyanti Hermanus Way Kristin, Nonce Kristin Gaman Muh Akhdharisa SJ Naim, Sokhib Natalia Putri Dobonsolo Ningsih, Riska Kurnia Nini Nurouzi R.S. Rakia, A. Sakti Rajab Lestaluhu Simanjuntak, Kristi Warista Suparto Suparto