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All Journal JUDGE: Jurnal Hukum Jurnal Multidisipliner Kapalamada
Muhammad Amin
Universitas Muhammadiyah Kalimantan Timur
Religion Agriculture, Biological Sciences & Forestry Humanities Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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KEARIFAN LOKAL SEBAGAI INSTRUMEN HUKUM DALAM PENGELOLAAN LINGKUNGAN HIDUP DI ERA INDUSTRIALISASI Muhammad Amin; Nurul Amin; Fernandes Situngkir; Aullia Vivi Yulianingrum
Jurnal Multidisipliner Kapalamada Vol. 5 No. 01 (2026): JURNAL MULTIDISIPLINER KAPALAMADA
Publisher : Pusat Studi Ekonomi, Publikasi Ilmiah dan Pengembangan SDM

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62668/kapalamada.v5i01.1962

Abstract

This study analyzes the role and effectiveness of the local wisdom of Lubuk Larangan as a legal instrument in watershed management amid the expansion of industrial oil palm plantations, and examines strategies for harmonizing positive law with local law to support sustainable environmental governance. The research employs a normative juridical approach, analyzing statutory regulations, court decisions, and academic literature to assess the position of Lubuk Larangan as a living law. The findings indicate that Lubuk Larangan in Sumatra has effective normative binding power in river conservation, as reflected in better water quality and more sustainable fish populations. However, its implementation continues to face obstacles in the form of a gap between social recognition and formal state legal recognition, as well as the dominance of economic interests in oil palm plantation licensing (HGU) that overlap with customary river territories. This study offers a conceptual approach that positions Lubuk Larangan as a functional legal instrument and recommends a co-management model based on legal pluralism in watershed governance.
THE DIALECTIC OF POSITIVISM AND SUBSTANTIVE JUSTICE: THE PANCASILA RULE OF LAW PARADIGM Elviandri; Muhammad Amin; Demitha selvira amellia; Ricky Indrawan safutra; Andi Wibowo
Judge : Jurnal Hukum Vol. 6 No. 04 (2025): Judge : Jurnal Hukum
Publisher : Cattleya Darmaya Fortuna

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54209/judge.v6i04.1777

Abstract

This study examines the dialectic between legal positivism and substantive justice within the framework of the Pancasila legal state paradigm as an effort to find a balance between legal certainty and substantive justice. The background of this study stems from the hegemony of legal positivism in Indonesia, which emphasizes formal and procedural legality, often neglecting the aspect of substantive justice that is at the core of the Pancasila legal ideal. In practice, law tends to stop at normative certainty (law in books), without touching on the values of humanity and justice that exist in society (law in action). The urgency of this study lies in the need to reposition Pancasila as a grundnorm and ethical foundation to return the orientation of Indonesian law to substantive justice, not merely formal justice. The research method used is juridical-normative with a legal philosophy and conceptual hermeneutics approach, which interprets law as das sollen (what should be). The results of the study show that rigid legal positivism has created a gap between legal certainty and substantive justice. The Pancasila legal paradigm presents itself as an integrative model that unites legal certainty and moral justice, positioning law not merely as an instrument of power, but as an ethical and spiritual means to uphold civilized justice. Thus, the Pancasila legal state offers a philosophical foundation for harmonizing positive norms and substantive values of justice in the national legal system.
Co-Authors Andi Wibowo Demitha selvira amellia Elviandri, Elviandri Fernandes Situngkir Nurul Amin Ricky Indrawan safutra