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All Journal Journal of Innovative and Creativity JICL
Amirullah Amirullah
Universitas Nusa Cendana
Education Languange, Linguistic, Communication & Media Mathematics Social Sciences Other

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The Constitutionality of Forest Protection in the Era of Decentralization: A Juridical Analysis of the Weaknesses in Anti-Illegal Logging Enforcement Amirullah Amirullah; Sri Rahayu; Jenny Ermalinda; Mardiana Hasbullah
Journal of Innovative and Creativity Vol. 5 No. 3 (2025)
Publisher : Fakultas Ilmu Pendidikan Universitas Pahlawan Tuanku Tambusai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31004/joecy.v5i3.3905

Abstract

This study analyzes the constitutionality of Indonesia’s forest protection within the decentralization regime by combining normative and empirical approaches. Article 28H paragraph (1) of the 1945 Constitution guarantees every person the right to a good and healthy environment; however, data from 2019-2025 reveal a significant gap between constitutional norms and practice: 2,133 cases of illegal logging in Sulawesi, 22,000 hectares of forest fires in Riau, Sonokeling logging in TTU valued at IDR 600 million, and the smuggling of 55 containers of illegal timber through sea routes. The study finds that fragmented authority due to decentralization, weak inter-agency coordination, and limited enforcement capacity have created an enforcement gap that results in violations of citizens’ constitutional rights. Using the frameworks of environmental constitutionalism, multi-level governance, and the rule of law, this research argues that the state’s failure to fulfill its obligations in forest management under Articles 28H and 33 of the 1945 Constitution constitutes a denial of the public trust doctrine. The main recommendations include establishing a “Green Constitutional Authority,” creating cross-provincial task forces, harmonizing central–regional regulations, and implementing a model of constitutional-based forest governance to ensure forest protection as a constitutional commons that is ecologically just and sustainable.
THE DILEMMA OF DUAL OVERSIGHT BETWEEN THE KPK AND SOES IN HARMONIZING ACCOUNTABLE AND TRANSPARENT STATE CORPORATE GOVERNANCE Amirullah Amirullah; Sri Rahayu; Afifulloh Afifulloh; Ayu Febi Febrianti; Mutmainnah Mutmainnah
Journal of Indonesian Comparative of Syari'ah Law Vol. 8 No. 3 (2025): Journal of Indonesian Comparative of Syari'ah Law (JICL): Jurnal Perbandingan H
Publisher : Journal of Indonesian Comparative of Syari'ah Law

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Abstract

This study aims to analyze the dilemma of dual oversight between the Corruption Eradication Commission and State-Owned Enterprises within Indonesia’s positive legal framework. The core issue arises from overlapping authorities following the amendment of Law No. 19 of 2019 concerning the Corruption Eradication Commission, which created disharmony between public oversight functions and corporate autonomy. The research employs a normative juridical method with statutoryand conceptual approaches. The findings reveal that the intersection between the Corruption Eradication Commission Law and the State-Owned Enterprises Law has caused authority fragmentation and normative confusion in the state financial supervision system. This condition weakens Corruption Eradication Commission independence and increases the risk of impunity in state corporate management. The study recommends legal reform through the establishment of an integrated legal framework that strengthens inter-agency coordination and regulatory harmonization across sectors. In conclusion, aligning the legal frameworks governing Corruption Eradication Commission and State-Owned Enterprises oversight is essential to reinforce anti-corruption effectiveness and to realize a transparent, accountable, and equitable governance system for state enterprises.
Co-Authors Afifulloh Afifulloh Ayu Febi Febrianti Jenny Ermalinda Mardiana Hasbullah Mutmainnah Mutmainnah Sri Rahayu Sri Rahayu