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Progressive Law Review
Published by Universitas Bandar Lampung
ISSN : -     EISSN : 27162141     DOI : https://doi.org/10.36448/plr
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Progressive Law Review (PROLREV) is an journal Faculty of Law University of Bandar Lampung. The aims of this journal is to provide a venue for academicians, researchers and practitioners for publishing the original research articles or review articles. The Review basically contains any topics concerning Indonesian laws and legal system. Novelty and recency of issues, however, is a priority in publishing. The range of contents covered by the Review spans from established legal scholarships and fields of law such as private laws and public laws which include constitutional and administrative law as well as criminal law, international laws concerning Indonesia, to various approaches to legal studies such as comparative law, law and economics, sociology of law and legal anthropology, and many others. Specialized legal studies concerning various aspects of life such as commercial and business laws, technology law, natural resources law and the like are also welcomed. A recommendation by the Editors on specific research issues to be covered in each volume may be made available to prospective contributors prior to publication of the volume in April and November.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 76 Documents
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THE VALIDITY OF CONTRACTS IN THE DUAL POSITION OF DIRECTOR IN A LIMITED LIABILITY COMPANY Humaira Audrey, Adeline
Progressive Law Review Vol. 7 No. 2 (2025): NOVEMBER 2025
Publisher : Faculty of Law-Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/prolev.v7i2.288

Abstract

The phenomenon of directors holding dual positions in two or more related limited liability companies raises legal issues regarding the validity of contracts signed by the same party for two different entities. This study aims to analyze the legal consequences of the validity of contracts made by directors with dual positions. The purpose of this study is to determine the validity of contracts in the case of directors with dual positions in limited liability companies and the legal consequences of the validity of such contracts. The method used is normative juridical with a legislative and conceptual approach. The results of the study show that contracts made by directors in dual positions have the potential to be legally flawed if they do not meet the principles of good faith, fiduciary duty, and Good Corporate Governance. These contracts can be canceled if there is evidence of a conflict of interest or misuse of internal information that violates the doctrines of self-dealing and insider trading. Therefore, transparency and supervision through the approval of the Board of Commissioners or the General Meeting of Shareholders are important mechanisms to ensure the validity of contracts in modern corporate practice.
Legal Framework for Integrating Crop and Livestock Farming with Sus-tainable Development in Indonesian Laws isharyanto; Deva Mahendra Caesar Bimantya
Progressive Law Review Vol. 7 No. 1 (2025): APRIL 2025
Publisher : Faculty of Law-Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/prolev.v7i1.289

Abstract

This article analyzes the legal framework governing crop-livestock integration in Indonesia and it’s alignment with sustainable development principles. Although the Food Law, the Livestock and Animal Health Law, and the Evironmental Protection and Management Law recognize sustainability and the use of local resources, they don’t provide operational guidance for integrating crops and livestock. The research finds regulatory fragmentation: livestock manure is legally treated as waste rather than a soil nutrient, forage production is not mandated within livestock enterprises, and extension services operate under separate sectoral structures. Comparative analysis of Malaysia, Thailand, and India demonstrates that successful integration that support nutrient cycling and smallholder autonomy. This research purposes three core elements for legal reform: recognizing livestock manure as an agricultural resource, requiring forage production plans, and unifying agricultural extension under a single village-level farming plan. Strengthening these provisions would create a cohesive legal basis for sustainable crop-livestock systems and reinforce food security for smallholder farmers.
CRIMINAL LIABILITY FOR FRAUDULENT PRACTICES IN THE SELECTION EXAMINATION FOR CIVIL SERVICE CANDIDATES (CASN) Syahrani, Dhiva; Deni Achmad; Firganefi; Tri Andrisman
Progressive Law Review Vol. 7 No. 1 (2025): APRIL 2025
Publisher : Faculty of Law-Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/prolev.v7i1.293

Abstract

Cheating on the Civil Service Candidate (CASN) test is an unlawful act committed by an individual or group of individuals that can damage the integrity of the civil service selection process. This act is carried out by manipulating electronic documents in the Civil Service Candidate selection test to make it appear as if the applicant's data is authentic in order to take the test (CASN). Perpetrators may be held criminally liable, either individually or jointly, according to their role in the crime. Therefore, what form of criminal liability does cheating on the Civil Service Candidate (CASN) selection test take. This study uses a normative legal approach supported by empirical legal evidence using the applicable laws and regulations as well as literature studies and interviews with sources in this study consisting of judges at the Tanjung Karang District Court and lecturers from the Criminal Law Department of the Faculty of Law at the University of Lampung. Descriptive qualitative data analysis The results of the research and discussion show that the defendant's criminal liability for manipulating personal data in the Civil Service Candidate Selection System (SSCASN) based on Decision Number 510/Pid.Sus/2024/PN TJK is based on two main elements, namely unlawful acts and intentional mistakes. The defendant was proven legally and convincingly to have falsified the identity photos on the ID cards of selection participants for personal gain as a proxy in the CPNS test, thereby fulfilling the elements of Article 35 in conjunction with Article 51 Paragraph (1) of the ITE Law. The Panel of Judges found no justifiable or exculpatory reasons that would eliminate criminal liability and assessed that the defendant was capable of being held responsible, thus declaring him guilty and imposing a criminal penalty.
LAW ENFORCEMENT FOR THE DESTRUCTION OF THE CULTURAL HERITAGE BUILDING EMA IDHAM’S HOUSE IN WEST SUMATRA Nurlinda Yenti; Netra Meldi
Progressive Law Review Vol. 7 No. 2 (2025): NOVEMBER 2025
Publisher : Faculty of Law-Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/prolev.v7i2.294

Abstract

The investigation into the destruction of Ema Idham's heritage building by PPNS at BPK West Sumatra is governed by Article 66 Paragraph (1) of Law No. 11 of 2010 concerning Cultural Heritage. It states that everyone is prohibited from damaging cultural heritage, whether in whole or in part, from the unit, group, or original location. The research questions are: 1) How is the investigation of the criminal act of destroying Ema Idham's cultural heritage building by PPNS at BPK West Sumatra conducted? 2) What are the obstacles faced during the investigation of this crime? 3) What efforts are being made to overcome these obstacles? This study uses a sociological-legal approach and a descriptive method. The findings are: 1) The investigation met the elements of the crime of destroying cultural heritage, but legal proceedings faced challenges because the Padang District Court canceled the suspect’s status through a pre-trial decision. 2) Obstacles include limited witnesses, investigator capabilities, and PPNS officials at BPK West Sumatra. 3) To address these issues, efforts include increasing community awareness to gather witnesses, enhancing cooperation among PPNS officials, and improving capacity through training and discussion forums.
THE COMPARISON OF BLUE CARBON CREDIT REGULATIONS AND IMPLEMENTATION IN INDONESIA, KENYA, MADAGASCAR, AND AUSTRALIA Rahmah Salsabilla; Afanin Fariq Fajriya; Rachma Ananda Sulaiman
Progressive Law Review Vol. 7 No. 2 (2025): NOVEMBER 2025
Publisher : Faculty of Law-Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/prolev.v7i2.296

Abstract

Global climate change has become an increasingly urgent environmental issue, driven in part by the continuous degradation of forest ecosystems worldwide. Forests, which function as major global carbon sinks, are frequently converted for economic and social purposes, resulting in declining forest cover and rising carbon emissions. This situation highlights the necessity of innovative approaches to address climate-related challenges, including the conservation and enhancement of Blue Carbon Ecosystems (BCE). BCEs, particularly mangrove forests and seagrass meadows, hold substantial potential for carbon sequestration and can support environmental, social, and economic objectives when managed effectively. One mechanism developed to utilize this potential is Blue Carbon Credits (BCC). However, despite Indonesia’s vast coastal resources and high blue carbon capacity, the implementation of BCC remains underdeveloped. This study aims to examine the regulatory framework and practical progress of BCC initiatives in Indonesia and compare them with experiences from other countries. A qualitative approach was employed, using descriptive–normative analysis supported by secondary data and case studies. The findings indicate that Indonesia has significant opportunities to advance BCC initiatives, yet institutional fragmentation, overlapping authorities, and limited data integration hinder optimal implementation. Comparative insights from countries with more established blue carbon policies provide recommendations for strengthening Indonesia’s governance, improving data coordination, and enhancing the overall effectiveness of BCC implementation.
Prinsip Hukum Islam dan Tata Kelola Pertambangan Berkelanjutan di Indonesia: Suatu Kerangka Analiti Itishan, Bani Adam; Kurniaty; Musyfikah Ilyas
Progressive Law Review Vol. 7 No. 2 (2025): NOVEMBER 2025
Publisher : Faculty of Law-Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/prolev.v7i2.297

Abstract

Indonesia's considerable mineral resources including coal, nickel, copper, and bauxite are pivotal to economic development and the worldwide green energy supply chain. Nonetheless, expedited extraction has resulted in significant environmental degradation, socio-economic disruption, and legal-ethical issues, especially in areas facing deforestation, water contamination, habitat fragmentation, and community displacement. These effects underscore the urgent necessity for a governance framework that enforces regulatory compliance while incorporating ethical and environmental accountability. This study analyzes the potential of Islamic legal concepts to provide a normative and ethical framework for enhancing sustainable mining governance in Indonesia. This study aims to achieve three objectives: (1) to assess the environmental, social, and economic consequences of mineral extraction; (2) to investigate Islamic legal principles pertinent to resource governance, including maqāṣid al-sharī‘ah, khilāfah, milkiyyah ‘āmmah, ḥifẓ al-bī’ah, and hisbah; and (3) to develop a cohesive analytical framework that harmonizes Islamic jurisprudence with Indonesia’s mining regulatory framework. This article utilizes a qualitative narrative-descriptive methodology, using statutory and regulatory texts, ancient and modern Islamic legal sources, MUI fatwas, environmental reports, and recent academic research. The data were systematically categorized by theme and examined using triangulation to confirm the coherence and validity of the arguments.The results indicate that Islamic law provides a thorough ethical framework that can effectively address governance deficiencies in Indonesia's mining industry. Principles such as lā ḍarar wa lā dirār and dar’ al-mafāsid muqaddam ‘alā jalb al-maṣāliḥ offer robust ethical basis for more stringent environmental regulations, while hisbah legitimizes governmental involvement to avert ecological damage. Incorporating these concepts with national mining rules and ESG standards can improve environmental protection, guarantee equitable benefit sharing, fortify community rights, and advance intergenerational justice. This research finishes by presenting a normative-ethical framework for sustainable mining that aligns positive law with Islamic environmental jurisprudence.

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