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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum JIHAD : Jurnal Ilmu Hukum dan Administrasi
Alvina, Hera
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Law, Crime, Criminology & Criminal Justice

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Legal Regulations for Shrimp Ponds in Coastal Areas in NTB Permata, Nathania; Alvina, Hera
JIHAD : Jurnal Ilmu Hukum dan Administrasi Vol 7, No 3 (2025): JIHAD : Jurnal Ilmu Hukum Dan Administrasi
Publisher : Lembaga Penelitian dan Pendidikan (LPP) Mandala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58258/jihad.v7i3.9449

Abstract

Indonesia's coastal areas hold strategic value as productive areas that support economic activity, one of which is through shrimp farming. West Nusa Tenggara (NTB) is one of the main centers of national shrimp production, contributing significantly to foreign exchange and employment. However, the rapid expansion of shrimp farming has given rise to environmental, social, and legal issues, primarily due to the lack of specific regulations at the regional level governing sustainable shrimp farming management. This lack of regulation has resulted in weak oversight, a high potential for coastal water pollution, mangrove ecosystem degradation, and conflicts over land use. This study aims to analyze the legal regulations regarding shrimp farming in the coastal areas of NTB province and to identify emerging legal challenges. This study uses normative legal methods with a statutory and conceptual approach. The research findings show that while national legal frameworks such as the Fisheries Law, the Coastal Area and Small Islands Management Law (PWPPK), and their derivative regulations provide a general basis for spatial planning and licensing, their implementation at the regional level still faces regulatory gaps, as evidenced by low compliance with shrimp pond permits in West Nusa Tenggara (NTB). This highlights the urgency of establishing a specific Regional Regulation (Perda) in NTB to ensure alignment between economic development and coastal ecosystem protection. Clear regulations are expected to ensure the sustainability of shrimp farming businesses while maintaining a balance between economic interests, the environment, and the well-being of coastal communities.
Judge's Reasoning in Determining Environmental Restoration Losses in Unlawful Acts in Forest Fire Cases (Examination of Decision Number 108/Pdt.G/2015/PN.Jkt.Utr.) Alvina, Hera; Wahyudi, Ikhsan; Permata S, Nathania; Farhan; Pratama, Yudi
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.v24i2.6451

Abstract

Forest and land fires in Indonesia have become a persistent and complex legal issue, particularly concerning the determination of environmental losses and the effectiveness of compensation mechanisms for restoration. This article examines the legal reasoning employed by judges in determining environmental restoration losses in civil cases concerning forest fires. The main issues addressed in this research are the basis of judicial reasoning in establishing the value of environmental damages and the extent to which environmental restoration methods can be recognized as a form of legal compensation. The objective of this study is to evaluate and critique the legal logic and approaches adopted by judges in case number 108/Pdt.G/2015/PN.Jkt.Utr., as well as to formulate future standards for assessing environmental losses. This research utilizes a normative juridical method with both case and conceptual approaches. Data were collected through literature review and legal documents, and subsequently analyzed qualitatively. The findings indicate that judges still face challenges in determining the value of environmental losses due to the absence of established ecological valuation standards. This research contributes to strengthening the paradigm of restoration-based environmental law and encourages the development of more comprehensive ecological valuation methods.
Co-Authors Farhan Permata S, Nathania Permata, Nathania Wahyudi, Ikhsan Yudi Pratama, Yudi