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All Journal Pembaharuan Hukum JURNAL ILMIAH ADVOKASI Journal of Law and Policy Transformation
Febiola, Cahya Putri
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Law, Crime, Criminology & Criminal Justice Social Sciences Other

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NICKEL ORE EXPORT PROHIBITION IN THE FRAMEWORK WORLD TRADE ORGANIZATION AS AN EFFORT TO PROTECT NATURAL RESOURCES (WTO Case Study DS592: Indonesia Measures Relating to Raw Materials) Febiola, Cahya Putri; Pratiwi, Charine Alya; Salsabila, Ratna Atiqah; Bramantyo, Adimas
Jurnal Ilmiah Advokasi Vol 12, No 3 (2024): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v12i3.6223

Abstract

Indonesia issued a policy prohibiting the export of nickel ore with a grade <1.7% in Minister of Energy and Mineral Resources Regulation Number 11/2019, but this policy gave rise to a lawsuit from the European Union at the WTO. The aim of this research is to find the implementation of the adoption of the WTO concept in the Indonesian legal system and answer dispute resolution between Indonesia and the European Union regarding the policy of banning Indonesian nickel ore exports as an effort to protect natural resources based on GATT/WTO rules and principles. This research uses a normative method using a case approach, statutory approach and conceptual approach. The research results show that the ban on nickel ore exports is Indonesia's effort to protect its natural resources, despite legal challenges from the European Union. The implementation of the GATT/WTO concept in Indonesian policy shows a balance between international obligations and national interests in managing natural resources. This dispute also highlights the importance of appropriate legal strategies in safeguarding state sovereignty within the WTO framework.
Corporate Social Responsibility in Limited Liability Companies in National Mining Law Febiola, Cahya Putri; Susanti, Susi; Pratiwi, Charine Alya; Rumelawanto, Fajar Putra Prastina
Journal of Law and Policy Transformation Vol 9 No 2 (2024)
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jlpt.v9i2.10109

Abstract

Corporate Social Responsibility (CSR) is a social and environmental responsibility that must be implemented by companies in the natural resources sector, including mining, in accordance with Law Number 40 of 2007. This research aims to analyze CSR regulations in Indonesia, especially in the mining industry, and evaluate CSR regulations in the Limited Liability Company Law and Mineral and Coal Law and their derivative regulations. This research also highlights provisions regarding reclamation, post-mining activities, and community empowerment as a form of CSR in the Minerba Law. Using the normative analysis method, it was found that there was a regulatory gap between Minerba Law with PP 78/2010 related to occupational health, which is an important part of social responsibility. Therefore, the implementation of CSR in the mining sector still faces challenges, especially in ensuring that mining companies carry out their obligations consistently. This research recommends harmonization of regulations to strengthen legal certainty and ensure companies implement CSR in a sustainable manner to achieve environmentally sound development and social welfare.  
Retribution for Social Capital Based Household Waste Handling Services Triono, Agus; Putri, Ria Wierma; Febiola, Cahya Putri
Jurnal Pembaharuan Hukum Vol 12, No 1 (2025): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v12i1.44064

Abstract

The issue of hygiene and household waste management in Indonesia is becoming increasingly urgent. A public culture that does not care about cleanliness and the environment is the main challenge. Ironically, while 65 million tons of waste are generated each day, a mere 7% of it is recycled. This research utilizes normative methods, focusing on both statutory and conceptual approaches, to explore relevant legislation and legal concepts related to waste management. This research highlights the lack of research that emphasizes the social capital aspect of waste management and proposes a social capital-based waste service levy model as a solution. The research results show that low public awareness, lack of infrastructure, and weak implementation of regulations are the main problems in waste management in Indonesia. The social capital-based retribution model, which involves the use of special plastic bags and active community participation, is expected to increase the effectiveness and efficiency of waste management. This approach utilizes existing social networks and norms, encourages communities to be more responsible in managing their household waste, and creates a fairer and more transparent retribution mechanism. Thus, this research provides a new contribution in efforts to create a cleaner and healthier environment in Indonesia.
Co-Authors Agus Triono Bramantyo, Adimas Pratiwi, Charine Alya Ria Wierma Putri, Ria Wierma Rumelawanto, Fajar Putra Prastina Salsabila, Ratna Atiqah Susi Susanti