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All Journal Hakim: Jurnal Ilmu Hukum dan Sosial Perkara: Jurnal Ilmu Hukum Dan Politik
Syarifah, Hanni Naylatus
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Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Peran Hukum Internasional dalam Penanganan Perubahan Iklim: Studi Meta-Analisis terhadap Kesepakatan Paris Musrifah; Syarifah, Hanni Naylatus; Saputra, Adit
Perkara : Jurnal Ilmu Hukum dan Politik Vol. 2 No. 4 (2024): Desember | Perkara: Jurnal Ilmu Hukum Dan Politik
Publisher : Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/perkara.v2i4.2233

Abstract

Climate change poses a significant global challenge requiring robust international legal frameworks to ensure effective mitigation and adaptation. This study examines the role of international law in implementing the Paris Agreement, focusing on the challenges and opportunities of its bottom-up approach to Nationally Determined Contributions (NDCs). Utilizing a meta-analytic methodology, the research synthesizes findings from 30 scholarly articles and policy documents to identify critical patterns and gaps. The findings reveal disparities between developed and developing nations in achieving NDC targets, driven by differences in financial and technological capacities. Developed nations exhibit higher success rates due to better infrastructure and funding, while developing nations struggle with significant barriers such as limited access to climate finance and bureaucratic inefficiencies. Additionally, the study underscores the importance of accountability and transparency mechanisms, such as the Enhanced Transparency Framework (ETF), in fostering international cooperation. The study recommends reforms in global climate finance, enhanced institutional capacity in developing countries, and stronger collaborations for technology transfer. By addressing these gaps, the Paris Agreement can serve as a more effective platform for global climate action. The findings contribute to the broader discourse on climate governance and provide actionable insights for policymakers and international stakeholders.
Legal Authority Crisis in Indigenous Forest Management: The Relationship between Dayak Customary Law and State Law in Kalimantan Musrifah, Musrifah; Syarifah, Hanni Naylatus
Hakim: Jurnal Ilmu Hukum dan Sosial Vol. 3 No. 2 (2025): HAKIM: Jurnal Ilmu Hukum dan Sosial
Publisher : LPPM Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/yt043329

Abstract

The crisis of legal authority in the management of customary forests reflects deep-seated issues in the relationship between customary law and state law in Indonesia, particularly in the context of the Dayak indigenous community in Kalimantan. This research aims to identify and analyze the dynamics of legal conflicts and authority imbalances in forest management recognized as customary areas by local communities, but often claimed as state forest areas by the government. Using a descriptive-analytical qualitative approach and case study method, this research focuses on two strategic areas, namely Lamandau Regency and Gunung Mas. Data were collected through in-depth interviews, field observations, and analysis of legal documents as well as customary territory maps from BRWA and AMAN. The research results indicate that the tension between customary law and state law is evident both structurally and in practice. On one hand, indigenous communities uphold principles of management based on local wisdom, spirituality, and social collectivism; on the other hand, the state imposes a positive law approach and administrative logic on forest areas. This conflict not only creates legal uncertainty but also marginalizes the role of indigenous communities as key stakeholders. The findings also indicate the existence of resistance efforts undertaken by indigenous communities through participatory mapping, strategic litigation, and strengthening local institutions. This research concludes that an approach of legal pluralism and substantial recognition of customary legal authority is a crucial step in creating ecological and social justice for indigenous communities.
Co-Authors Musrifah Musrifah Musrifah, Musrifah Saputra, Adit