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All Journal Awang Long Law Review LEGAL BRIEF
Harianja, Syahban Alvian Hamonangan
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Law, Crime, Criminology & Criminal Justice

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SUBSTANTIVE ENVIRONMENTAL LAW COMPLIANCE OF OIL PALM LICENSING AND STATE RESPONSIBILITY FOR FLOODS IN SUMATRA Adhika Mahindra Satya; Kenneth; Harianja, Syahban Alvian Hamonangan; Waruwu, Rivaldo William Krisma
Awang Long Law Review Vol. 8 No. 2 (2026): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v8i2.2004

Abstract

Large-scale oil palm plantation development has transformed Sumatra into a strategic economic region while intensifying environmental degradation and recurrent flooding associated with forest conversion. These conditions raise legal questions regarding the substantive compliance of plantation licensing policies with environmental law principles and the scope of state responsibility for ecological disasters. This study examines whether oil palm plantation licensing in Sumatra substantially complies with environmental law and whether recurrent floods justify classification as a national disaster with implications for state responsibility. Using a normative legal research method, this study applies statutory, conceptual, and case-based approaches grounded in constitutional, environmental, forestry, plantation, and disaster management laws. The findings show that although plantation licensing policies largely comply with formal administrative requirements, the government fails to satisfy substantive environmental law principles, including the precautionary principle, prevention, sustainable development, and the polluter-pays principle. Licenses authorising forest conversion have contributed to structural environmental degradation and increased flood risks. Under the prevailing fault-based legal framework, state liability for flood disasters resulting from licensing policies remains limited, despite identifiable causal links between administrative decisions and environmental harm. This condition warrants a shift toward a more substantive interpretation of state responsibility to ensure accountability for environmental disasters across Sumatra.
Human Rights Implications of Artificial Intelligence Use in the Indonesian Judicial Process Satya, Adhika Mahindra; Kenneth, Kenneth; Harianja, Syahban Alvian Hamonangan; Krisma Waruwu, Rivaldo William
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.v14i6.1550

Abstract

The integration of artificial intelligence into justice systems offers efficiency and access gains, but raises human rights and constitutional concerns. In Indonesia, judicial institutions have begun piloting AI-supported tools for court administration and limited decision support across civil and criminal cases, yet adjudication remains fully human. The absence of a tailored governance framework poses risks to the rule of law, judicial independence, and equality before the law. This study analyses normative weaknesses in Indonesia’s regulation of judicial AI and formulates a rights-based governance model. The method used is normative legal research employing statutory and conceptual approaches based on secondary legal materials. The results show that unclear boundaries around AI functions can turn decision-support outputs into de facto determinants of procedural direction, weakening fair-trial guarantees when parties cannot know, challenge, or obtain human review. The findings further indicate that governance must mandate human-in-the-loop control, transparency, and contestability, alongside cybersecurity, operational reliability, audit logging, and bias mitigation. Inclusive access requires hybrid service channels, so digitalisation does not exclude communities in areas with limited infrastructure. The conclusion is that Indonesia should strengthen rights-based governance so that AI improves efficiency without eroding constitutional guarantees and the legitimacy of the rule of law
Co-Authors Adhika Mahindra Satya Kenneth Kenneth, Kenneth Krisma Waruwu, Rivaldo William Satya, Adhika Mahindra Waruwu, Rivaldo William Krisma