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All Journal Unifikasi : Jurnal Ilmu Hukum ADHAPER
Ajeng Aditya Listyani
Faculty Of Law, Universitas Jenderal Soedirman, Purwokerto, Indonesia
Environmental Science Law, Crime, Criminology & Criminal Justice

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Green Investment as a Guarantee to Protect the Indigenous People’s Rights Listyani, Ajeng Aditya
Unifikasi : Jurnal Ilmu Hukum Vol. 11 No. 01 (2024)
Publisher : Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/unifikasi.v11i01.764

Abstract

Investment opportunities are opened as widely as possible to achieve community welfare, including land use mechanisms. However, this endangers the existence of Indigenous People's rights. Indigenous people have limited access to their lives and livelihoods through land use. Therefore, measures are needed to ensure the protection of Indigenous People's rights in line with investment implementation. This research aimed to identify and analyse the concept of green investment and the implementation of green investment as an effort to ensure the protection of the rights of Indigenous People. This research was normative juridical research with a statutory approach and a concept approach. The data used was secondary data obtained from a literature study. The results showed that green investment focuses on how environmental balance is maintained amidst the implementation of investments. The concept of green investment in the land sector was realised by the division of land functions, the use of land in line with regional spatial plans, and the application of environmental insight in land use. In addition, the application of green investment could be a method to protect the rights of indigenous people and ensure the sustainability of economic growth.
GRANTED EXCEPTION DUE TO THE NEGATIVE STATEMENT IN PETITION AS AN EFFORT TO ENSURE LEGAL CERTAINTY IN INDONESIA: EKSEPSI SEBAGAI AKIBAT DARI PERNYATAAN NEGATIF DALAM PERMOHONAN SEBAGAI UPAYA UNTUK MENJAMIN KEPASTIAN HUKUM DI INDONESIA Listyani, Ajeng Aditya; Antonius Sidik Maryono; Sanyoto
ADHAPER: Jurnal Hukum Acara Perdata Vol. 11 No. 02 (2025): Desember
Publisher : Asosiasi Dosen Hukum Acara Perdata (ADHAPER)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36913/adhaper.v11i02.12

Abstract

Dispute resolution through the courts is carried out by filing a lawsuit against the party. The lawsuit is filed with the intention of obtaining legal protection for the rights of one party and forcing the other party to fulfill their obligations after the mediation process has failed. The lawsuit has to fulfill the formal and material requirements, including the formulation of the petition. The petition should not have a negative sentences structure and have to meet the formal requirements for the drafting of a petition. A negative petition gives the other party the opportunity to file an exception of lawsuit. This research was normative juridical research with analytical descriptive specifications. This research used a statutory approach and a case approach. The data used was secondary data with primary and secondary legal materials obtained from literature studies. The primary legal material is laws and regulations. Secondary legal materials are in the form of literature. The data was collected by the literature study method. The data was presented with normative text and analyzed with qualitative normative methods to obtain conclusions. The results of the study show that for petition that have negative sentences structure, the defendant can file an exception to the lawsuit and the legal consequence is that the lawsuit is declared Niet Onvankelijke Verklaard.
Co-Authors Antonius Sidik Maryono Sanyoto