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All Journal JURNAL HUKUM Lex Publica
Yohanes I Wayan Suryadi
Universitas Warmadewa, Indonesia
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Reinforcing the Ultimum Remedium Principle in Environmental Law Enforcement: A Three-Layered Approach Under Law No. 32 of 2009 I Gusti Bagus Suryawan; I Putu Ngurah Aryana; Yohanes I Wayan Suryadi; M. Ngurah Arya Yogie Krsna; Mirela Maria Ribeiro Guterres
Jurnal Hukum Vol 41, No 2 (2025): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jh.v41i2.43298

Abstract

Environmental law enforcement in Indonesia, particularly under Law No. 32 of 2009 on Environmental Protection and Management, faces persistent challenges in applying the principle of ultimum remedium—treating criminal sanctions as a last resort. This study aims to evaluate the effectiveness of non-criminal sanctions, namely administrative and civil measures, as prerequisites to criminal enforcement in environmental cases. Using a normative juridical method and descriptive-analytical approach, the research analyzes statutory regulations, judicial decisions, and enforcement practices in pollution cases, including hazardous and toxic waste violations. The findings reveal that administrative and civil sanctions remain weak due to limited supervision, lengthy civil procedures, and inadequate compensation mechanisms. Additionally, poor institutional coordination and limited enforcement capacity hinder the transition to criminal sanctions. Community involvement is also underutilized in supporting legal accountability. The study concludes that a more structured three-layered enforcement approach—integrating administrative, civil, and criminal mechanisms—is needed to uphold environmental justice. Strengthening institutional capacity and aligning reparative and retributive principles are essential to ensure the ultimum remedium principle operates effectively. These findings contribute to legal reform efforts and the development of sustainable environmental governance in Indonesia.
The Legality of the Surrogate Mother Agreement Reviewed from Indonesian Civil Law Yohanes I Wayan Suryadi; Ni Luh Made Mahendra Wati; I Wayan Wesna Astara; I Gusti Bagus Suryawan; Johannes Ibrahim Kosasih
Lex Publica Vol. 12 No. 1 (2025)
Publisher : APPTHI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58829/lp.12.1.2025.279

Abstract

This research explores the legality of surrogate mother (uterus rental) agreements under Indonesian civil law, particularly given the absence of clear regulations governing such arrangements. The study aims to examine both the legal status of surrogate mother agreements and the legal status of children born through surrogacy, based on the provisions of the Indonesian Civil Code. This is a normative legal study employing a statutory approach, with secondary data collected through literature review and analyzed using descriptive-analytical methods. The findings indicate surrogate mother agreements are not legally valid under Indonesian civil law, as they fail to meet the essential requirements for a valid contract. The legal status of children born from such agreements depends on specific conditions. If the intended (biological) parents wish to establish a legal relationship with the child, they must go through an adoption process. Furthermore, the marital status of the surrogate mother determines the child’s legal status: (a) if the surrogate mother is legally married, the child is presumed to be the legitimate child of the surrogate and her spouse; (b) if the surrogate mother is unmarried or widowed, the child is considered to be born out of wedlock.
Co-Authors I Gusti Bagus Suryawan I Putu Ngurah Aryana I Wayan Wesna Astara Johannes Ibrahim Kosasih M. Ngurah Arya Yogie Krsna Mirela Maria Ribeiro Guterres Ni Luh Made Mahendra Wati