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Integration of Forest Management Policy and Environmental Law Enforcement in Efforts to Prevent Illegal Logging in Indonesia Ahmad Syahird; Samsul Arifin; Andi Firmansyah; Andi Muhammad Alqadri Syarif
Rechtenstudent Vol. 7 No. 1 (2026): Rechtenstudent April 2026
Publisher : Sharia Faculty, Kiai Haji Achmad Siddiq State Islamic University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/rch.v7i1.373

Law enforcement against illegal logging in various forest areas in Indonesia remains a persistent challenge in achieving sustainable forest governance. Although Indonesia has enacted Law No. 18 of 2013 concerning the Prevention and Eradication of Forest Destruction, prior studies largely focus on regulatory substance and criminalization, while limited attention has been given to the structural effectiveness of its enforcement mechanisms. This study aims to analyze the effectiveness of environmental law enforcement in preventing illegal logging and to identify the institutional and normative gaps that hinder its implementation. This research employs normative juridical legal research with a statutory, conceptual, and case approach. The analysis is based on legislation, court decisions related to illegal logging, and relevant scholarly literature to evaluate the coherence between regulatory design and enforcement practice. The findings indicate that despite a relatively comprehensive legal framework, enforcement remains suboptimal due to fragmented inter-agency coordination, limited institutional capacity, and systemic corruption risks within forestry governance. Moreover, the existing regulatory framework has not been fully supported by integrated monitoring and accountability mechanisms. This study contributes to the discourse on environmental law enforcement by proposing the strengthening of cross-sectoral supervision, institutional integration, and community-based monitoring as key reform directions for improving the effectiveness of illegal logging prevention in Indonesia.

Constitutional Court's Limitation on the Resubmission Ofindictments Ahmad Syahird; Rahmad Masturi; Muhammad Kamran
LEGAL BRIEF Vol. 13 No. 5 (2024): December: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v13i5.1132

This study aims to determine the legal consequences of limiting the resubmission of indictments by the constitutional court and the legal certainty of limiting the resubmission of indictments by the constitutional court. This type of research is normative with data collection techniques carried out through library research, namely laws and regulations, a case approach, namely the Constitutional Court Decision, and a conceptual approach. In addition, the author also conducts library research through data and books related to the research topic. Furthermore, the data obtained was analyzed qualitatively which was then presented descriptively. The results of the study show that: 1) The legal consequences of limiting the re-submission of indictments that have been canceled make the decision in the form of a final decision because it has been examined and considered the subject matter of the case and will be nebis in idem if filed again afterwards. The form of legal action that can be taken by the public prosecutor is an appeal or cassation and not resistance (verzet). In order to harmonize this form of legal action with the Constitutional Court's decision, additional arrangements are needed which contain new norms in criminal procedural law; and 2) The Constitutional Court's decision which limits the re-submission of indictments is a form of legal certainty. Thus, in order to prevent repeated cancellation of the indictment, the prosecutor's accuracy is required in preparing the indictment because at the second examination, there is a potential for the indictment to still not meet the material requirements so that the case is considered finished without any examination of the main case, and there is a potential for an indictment still does not meet the material requirements, while the subject matter of the case is proven. This resulted in no settlement and clarity of the status of the case for the accused and victims to obtain a guarantee of fair legal certainty as mandated in Article 28D paragraph (1) of the 1945 Constitution

Integration of Forest Management Policy and Environmental Law Enforcement in Efforts to Prevent Illegal Logging in Indonesia Ahmad Syahird; Samsul Arifin; Andi Firmansyah; Andi Muhammad Alqadri Syarif
Rechtenstudent Vol. 7 No. 1 (2026): Rechtenstudent April 2026
Publisher : Sharia Faculty, Kiai Haji Achmad Siddiq State Islamic University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/rch.v7i1.373

Law enforcement against illegal logging in various forest areas in Indonesia remains a persistent challenge in achieving sustainable forest governance. Although Indonesia has enacted Law No. 18 of 2013 concerning the Prevention and Eradication of Forest Destruction, prior studies largely focus on regulatory substance and criminalization, while limited attention has been given to the structural effectiveness of its enforcement mechanisms. This study aims to analyze the effectiveness of environmental law enforcement in preventing illegal logging and to identify the institutional and normative gaps that hinder its implementation. This research employs normative juridical legal research with a statutory, conceptual, and case approach. The analysis is based on legislation, court decisions related to illegal logging, and relevant scholarly literature to evaluate the coherence between regulatory design and enforcement practice. The findings indicate that despite a relatively comprehensive legal framework, enforcement remains suboptimal due to fragmented inter-agency coordination, limited institutional capacity, and systemic corruption risks within forestry governance. Moreover, the existing regulatory framework has not been fully supported by integrated monitoring and accountability mechanisms. This study contributes to the discourse on environmental law enforcement by proposing the strengthening of cross-sectoral supervision, institutional integration, and community-based monitoring as key reform directions for improving the effectiveness of illegal logging prevention in Indonesia.

Judicial Control over Prolonged Criminal Investigations: Pretrial Remedies in the Light of Progressive Law Andi Muhammad Alqadri Syarif; Ahmad Syahird; Besse Sari Angraeni
LEGAL BRIEF Vol. 14 No. 6 (2026): February: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v14i6.1547

The absence of a clear time limit for criminal investigations under the Indonesian Criminal Procedure Code (KUHAP) has frequently resulted in protracted investigations, effectively keeping individuals in a state of perpetual suspecthood. Textually, Article 77 of KUHAP limits the scope of pretrial review (praperadilan) to a closed list, without explicitly including investigation delays as a reviewable matter. This limitation generates legal uncertainty for suspects and impedes the protection of fundamental human rights guaranteed in criminal proceedings. This study examines the urgency of expanding the scope of pretrial review to encompass unduly prolonged investigations. Using a qualitative method with a normative-juridical approach, it analyzes primary, secondary, and tertiary legal materials to identify legal gaps and propose normative solutions. The findings indicate that investigations prolonged without reasonable justification violate human rights and undermine the principles of prompt, simple, and low-cost justice. From a progressive law perspective, pretrial applications challenging undue delay should be admissible to prevent abuse of authority by investigators. Consequently, unreasonably prolonged investigations lacking active and genuine investigative measures should be construed as a form of material termination of investigation. The study recommends that pretrial judges apply progressive legal reasoning (rechtsvinding) to accept such applications, thereby ensuring legal certainty and restoring the rights of suspects affected by defective judicial administration

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