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All Journal Ipso Jure
Mardiana
Fakultas hukum, Universitas Mulawarman
Law, Crime, Criminology & Criminal Justice

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Analysis of Green Constitutions in Environmental Law Related to Spatial Planning and Balance of IKN Development in Indonesia Mardiana; Syabila Saputri
Ipso Jure Vol. 1 No. 9 (2024): Ipso Jure - October
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/z3m1te65

Abstract

This study analyzes the implementation of the green constitution in environmental law concerning spatial planning and the development of the National Capital (IKN) in Indonesia. The Green Constitution emphasizes environmental protection as a human right, as stated in Article 28H of the 1945 Constitution. The research focuses on the challenges of IKN development in East Kalimantan, including the risks of environmental damage such as deforestation and ecosystem disruption. The Indonesian government is committed to maintaining 80% of the IKN area as green space, but effective implementation requires stricter law enforcement and greater involvement of local communities. The methodology used is a normative juridical approach through the analysis of applicable legal regulations. The results highlight the importance of applying environmentally friendly technologies and ecosystem restoration as efforts to maintain environmental sustainability amidst development. Collaboration between stakeholders, including the government, private sector, and community, is essential to achieving a balance between economic growth and environmental preservation. This study recommends strengthening environmental law enforcement, increasing local community involvement in the development process, and the use of technologies that support sustainable development.
Non-Military Preventive Efforts In Handling Human Rights Violations Against Armed Violent Groups in Papua, Indonesia Mardiana; Adji Annisa Rahmadina; Sholihin Bone
Ipso Jure Vol. 1 No. 10 (2024): Ipso Jure - November
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/szrvyx47

Abstract

This research explores the non-military preventive approach as a solution to human rights violations committed by the Armed Violence Group (KKB) in Papua. Using normative juridical methods, this research examines human rights law regulations in Indonesia, literature studies, and analysis of Gus Dur's speeches and writings on the peaceful approach. The conflict in Papua, fueled by a history of discrimination, exploitation of natural resources, and centralized policies, has been exacerbated by an often ineffective military approach. Comprehensive solutions are needed to address the injustice, poverty and human rights violations experienced by Papuans. This research proposes a strategy based on inclusive dialog, local participation, and respect for Papuan identity. This approach is rooted in the principles of justice, equality and human values upheld by Gus Dur. In addition, efforts to empower the economy, education, and infrastructure development in favor of indigenous peoples are considered important for creating sustainable peace. The results show that conflict resolution in Papua requires not only security solutions, but also strategic steps that prioritize social welfare and human rights protection, thus strengthening national cohesion within the framework of the Unitary State of the Republic of Indonesia (NKRI).
Co-Authors Adji Annisa Rahmadina Sholihin Bone Syabila Saputri