Deny Deny
Universitas Islam Darul 'Ulum

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Constitutional Conflict between Tourism Development and Karst Area Protection in Gunung Kidul: Analysis of Article 33 of the 1945 Constitution of the Republic of Indonesia and the Principles of Sustainable Development Ayik Christina Efata; Deny Deny
Journal of Law, Politic and Humanities Vol. 6 No. 3 (2026): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v6i3.3149

Abstract

Over the past decade, the tourism sector in the karst region of Gunung Kidul has experienced substantial growth, contributing significantly to local revenue generation and expanding employment opportunities for surrounding communities. Nevertheless, the rapid development of tourism infrastructure, land-use conversion, and intensive exploitation of karst landscapes have generated constitutional concerns related to the State’s obligation to safeguard environmental sustainability. Karst ecosystems perform essential ecological functions, including groundwater storage, hydrological regulation, and providing habitats for diverse biological species. Consequently, environmental degradation in these areas may result in long-term ecological consequences. This study aims to examine the tension between tourism-driven economic development and the protection of karst environments from the perspective of Article 33 of the 1945 Constitution of the Republic of Indonesia, as well as the principles of sustainable development. The research employs a socio-legal approach, combining normative analysis of statutory regulations with conceptual examination of the green constitution doctrine and sustainable development framework. The findings indicate that Article 33 of the 1945 Constitution not only emphasizes state control over natural resources for the prosperity of the people but also implicitly incorporates principles of environmental sustainability and ecological responsibility. Accordingly, tourism policies that disregard environmental carrying capacity and ecological limits within karst regions risk contradicting constitutional mandates. The integration of sustainable development principles into spatial planning policies and licensing mechanisms is therefore essential to ensure a balanced relationship between economic advancement and environmental preservation.
Restorative Justice as a Legal Policy on Criminal Punishment: An Integrative Study of Legal Certainty and Substantive Justice Deny Deny; Wolter Junaedi Nurhamidin; Ana Maria Gadi Djou; Yulianis Safrinadiya Rahman; Iwan Rasiwan
Journal of Law, Politic and Humanities Vol. 6 No. 3 (2026): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v6i3.3159

Abstract

The concept of restorative justice has emerged as a contemporary paradigm in modern criminal justice systems, shifting the focus away from mere retribution toward the restoration of social relationships and the reparation of harm suffered by victims. This transformation reflects a broader change in the direction of criminal law policy toward a more humane and justice-oriented approach. This study aims to examine restorative justice within the framework of criminal law policy, with particular emphasis on the integration of legal certainty and substantive justice. The research employs a normative legal method, utilizing conceptual, statutory, and comparative approaches to achieve a comprehensive analysis. The findings indicate that restorative justice holds significant potential in reconciling the tension between formal legal procedures and the evolving sense of justice within society. However, its implementation continues to face several challenges, including inconsistencies in law enforcement practices, limited technical regulations, and the need for a paradigm shift among legal practitioners. Therefore, strengthening policy frameworks and establishing clear operational guidelines are essential to ensure the effective and consistent application of restorative justice.