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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum Multidiciplinary Output Research for Actual and International Issue (Morfai Journal)
Imam Syafa’i
Universitas Islam Kalimantan Muhammad Arsyad Al-Banjari
Religion Agriculture, Biological Sciences & Forestry Arts Humanities Chemical Engineering, Chemistry & Bioengineering Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Energy Engineering Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Materials Science & Nanotechnology Social Sciences Other

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Harmonisation of Criminal Provisions on Environmental Protection and Management in The Ordinance of Sustainable Environmental Maintenance Trisna Agus Brata; Imam Syafa’i
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i2.6057

Abstract

This research will discuss the development of environmental problems that from time to time are getting worse as if not balanced with adequate law enforcement, even though all laws and regulations have been made. Criminal law enforcement is closely related to the ability of the apparatus and citizens' compliance with the laws and regulations that govern it. Related to this, as stated in Article 95 paragraph (1) of Law No. 32/2009 on Environmental Protection and Management, in the context of law enforcement against perpetrators of environmental criminal offences, integrated law enforcement can be carried out between Civil Servant Investigators (PPNS), police institutions, and prosecutorial institutions under the coordination of the relevant Minister. Thus, environmental law enforcement is an effort to achieve and realise the adherence to the provisions in generally applicable legal provisions, namely laws and regulations governing the environment.
REVITALIZATION OF WATER RESOURCES LAW ENFORCEMENT: THE ROLE OF LOCAL WISDOM AND PARTICIPATION OF KOTABARU INDIGENOUS COMMUNITIES IN LEGAL ETHNOGRAPHY Trisna Agus Brata; Abdul Halim Barkatullah; Imam Syafa’i
Multidiciplinary Output Research For Actual and International Issue (MORFAI) Vol. 5 No. 5 (2025): Multidiciplinary Output Research For Actual and International Issue
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/morfai.v5i5.3276

Abstract

Indonesia is facing a water resources (SDA) management crisis marked by a moderate Water Quality Index (IKA) and 112 drought-prone areas, exacerbated by environmental degradation and ineffective law enforcement of Law No. 17/2019 concerning Water Resources, 70% of cases are only resolved administratively). This study aims to identify the principles of Huma Betang in water law enforcement in Kotabaru, analyze the effectiveness of indigenous communities as law enforcement agents, and develop an ethnography-based adaptive revitalization model. The method uses a legal ethnography approach with in-depth interviews, participatory observation, and legal document analysis, analyzed thematically with triangulation. The findings show that the principles of Huma Betang (Ulayat Water Rights, Gawi Manuntung Waja, Belom Bahadat) reduce minor violations and resolve water disputes at the customary level, although they are hampered by integration with state law. The "Straight Path" model is proposed as an integrative solution through the Customary-State Consultation Forum, Integrated Reporting System, Certification of Water Caretakers, and Tiered Sanctions. Theoretically, the research enriches ecolegal pluralism with the mechanism of "living law"; practically, it provides a blueprint for revitalization. In conclusion, revitalization requires engineering institutional interactions that accommodate local wisdom, with implications for the revision of Law No. 17/2019, hybrid certification, and integrated escalation protocols. Further research suggestions include model replication tests in other indigenous communities and studies on the transformation of gender roles post-digitalization.
Co-Authors Abdul Halim Barkatullah Trisna Agus Brata