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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum Jurnal Smart Hukum (JSH)
Evy Harjono
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Law, Crime, Criminology & Criminal Justice Social Sciences

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LEGAL REVIEW OF FOREST CONVERSION FOR PALM OIL PLANTATIONS IN THE INTERESTS OF RENEWABLE ENERGY Evy Harjono
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.v24i2.6182

Abstract

Abstract Forest conversion for oil palm plantations is a complex issue in Indonesia. This sector contributes significantly to the national economy through exports and job creation, but on the other hand causes negative impacts such as deforestation, loss of biodiversity, and agrarian conflicts involving indigenous peoples and small farmers. The government has established various regulations, including Law No. 41 of 1999 concerning Forestry, Law No. 32 of 2009 concerning Environmental Protection and Management, and Law No. 39 of 2014 concerning Plantations to control forest conversion. Unfortunately, the implementation of this policy still faces challenges, especially in terms of law enforcement and licensing transparency. This study uses a normative juridical method by analyzing national regulations and international policies such as the 2015 Paris Agreement and the Convention on Biological Diversity (CBD). The results of the study show that weak supervision, corruption in licensing, and minimal coordination between agencies are the main obstacles in managing forest conversion. Therefore, a stricter strategy is needed in monitoring licensing, increasing transparency in land management, and implementing stricter sanctions for violators of regulations. In addition, sustainability standards such as the Roundtable on Sustainable Palm Oil (RSPO) and Indonesian Sustainable Palm Oil (ISPO) need to be strengthened to ensure that the palm oil industry can develop without damaging the environment. With these steps, it is hoped that the management of natural resources in Indonesia can be more balanced between economic, social, and ecological interests.
The Examination of Government Regulation Number 28 of 2022 From a Pancasila Point of View Evy Harjono; Wartoyo, Franciscus Xaverius; Mulyani, Rita; Maghribi, Genta; Batubara, Aznina Lembayung; Harlingan, David
Jurnal Smart Hukum (JSH) Vol. 2 No. 3 (2024): February-May
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v2i3.843

Abstract

Indonesia as a democratic country that emphasizes the rule of law as the main foundation, makes Pancasila as the moral and philosophical foundation for the constitution and laws and regulations. This research aims to evaluate the consistency of Government Regulation Number 28 Year 2022 on the Management of State Receivables with the principles of Pancasila, as well as to assess the extent to which its practical implementation reflects the moral and philosophical values of Pancasila. The method used in this research is juridical-normative with a conceptual and statutory approach, accompanied by qualitative descriptive analysis of relevant statutory documents and legal doctrine. The results of the analysis highlight the importance that Government Regulation No. 28 Year 2022 must comply with the existing legal hierarchy, as well as consistently reflect the principles of Pancasila as a moral and philosophical foundation in the regulation of state receivables. Nonetheless, the addition of new rules concerning liability for state receivables raises debates about consistency and social justice. Therefore, it is important for the government to ensure that the implementation of the rules not only considers the legal and financial aspects, but also the social and humanitarian impacts on the individuals involved. Success in regulating state receivables should be measured by the extent to which the principles of Pancasila are respected and social justice is realized in the process, which will help strengthen the foundations of democracy and the rule of law in Indonesia.
Co-Authors Batubara, Aznina Lembayung Harlingan, David Maghribi, Genta Mulyani, Rita Wartoyo, Franciscus Xaverius