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International Journal of Law and Public Policy (IJLAPP)
ISSN : 27216934     EISSN : 27216942     DOI : https://doi.org/10.36079/lamintang.ijlapp
Core Subject : Social,
The aim of this journal is to publish high-quality articles dedicated to all aspects of the latest outstanding developments in the field of Law and Public policy.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 66 Documents
Offshore Wind Policy in Portugal Balancing Green Growth and Legal Equity Vaz, Ramalho-Santos; Neave, Silveirinha; Branco, Pillinger Castelo
International Journal of Law and Public Policy (IJLAPP) Vol 7 No 2: September 2025
Publisher : Lamintang Education and Training Centre, in collaboration with the International Association of Educators, Scientists, Technologists, and Engineers (IA-ESTE)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36079/lamintang.ijlapp-0702.913

Abstract

Portugal's ambitious plan to expand offshore wind capacity to 10 GW by 2030 positions the country as a frontrunner in Europe’s green energy transition. However, this rapid development raises pressing legal and policy challenges concerning environmental justice, public accountability, and governance. This study critically examines the legal framework and regulatory instruments that govern offshore wind projects in Portugal, particularly focusing on spatial planning, licensing procedures, and mechanisms of public participation. Using a doctrinal legal research method combined with policy analysis, this paper analyzes national legislation, EU directives, and recent regulatory practices, while integrating cases of contestation from coastal communities and environmental organizations. The findings reveal significant procedural gaps in public participation, particularly the exclusion of local fishing communities and municipal stakeholders from the zoning and licensing processes. Moreover, the current auction-based model privileges investment logic over environmental and social equity. The lack of independent environmental assessments and weak grievance mechanisms raise concerns about transparency, legal accountability, and compliance with the Aarhus Convention principles. This study argues that Portugal’s offshore wind transition, while environmentally progressive in ambition, requires stronger legal safeguards to ensure that it is also socially just and participatory. Recommendations are offered to improve the governance architecture toward a more inclusive and equitable energy policy.
The Law Applicable to Damages Resulting from Discriminatory Algorithms Khalifa, Attia Suleiman
International Journal of Law and Public Policy (IJLAPP) Vol 8 No 1: March 2026
Publisher : Lamintang Education and Training Centre, in collaboration with the International Association of Educators, Scientists, Technologists, and Engineers (IA-ESTE)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36079/lamintang.ijlapp-0801.976

Abstract

The growing use of algorithmic and artificial intelligence systems in decision-making process have produced new forms of discrimination that cross borders and which traditional legal means are insufficient to address. This study aims to explore the problem that complicated in case of harm caused by discriminatory algorithms especially from the private international law angle: which law should apply to damages arising therefrom? Applying a doctrinal and comparative legal approach, the study investigates European Union (EU) private international law, certain national legal orders and international soft law instruments in the field of algorithmic discrimination and Artificial Intelligence. The research shows that old connecting factors such as lex loci damni tend to become less applicable in algorithmic harm cases, because they were not written for a globally diffused phenomenon with no humanly perceptible terrestrial extension as is the case of the online sphere. Recent regulatory initiatives (especially in data protection and AI governance) are reinforcing the substantive guarantees against discrimination, but do not respond explicitly to applicable law queries: They concentrate on appropriate measures that should accompany technical AI development. The article suggests that existing conflict-of-laws regimes should be updated to foster more effective victim protection and legal predictability. It proposes the use of victim-oriented connecting factors, the application of fundamental rights as an ius cogens, and explicit conflict-of-law clauses in specific AI regulation. These changes are necessary for closing the accountability gap and providing for meaningful redress of harm from discriminatory algorithms in cross-border situations.
A Comparative Legal Analysis of Chile and Argentina in the Global Energy Transition Rodriguez-Granillo, Guillermo; Brener, Maria Bleichmar; Navarro, Pedro Ortúzar
International Journal of Law and Public Policy (IJLAPP) Vol 8 No 1: March 2026
Publisher : Lamintang Education and Training Centre, in collaboration with the International Association of Educators, Scientists, Technologists, and Engineers (IA-ESTE)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36079/lamintang.ijlapp-0801.986

Abstract

The global transition toward renewable energy has significantly increased the demand for lithium, a critical mineral essential for battery technologies used in electric vehicles and energy storage systems. As two major lithium-producing countries in South America, Chile and Argentina play a strategic role in the global supply chain for energy transition technologies. However, lithium extraction activities have raised growing concerns regarding environmental sustainability, water scarcity, and the rights of indigenous communities living in high-altitude salt flat ecosystems. This study examines how legal frameworks governing lithium extraction incorporate principles of environmental justice and public participation. Using a normative juridical and comparative legal approach, this research analyzes statutory regulations, environmental governance mechanisms, and policy frameworks in Chile and Argentina. The study finds three main issues. First, lithium governance regimes in both countries are primarily oriented toward economic development and strategic resource policy rather than environmental justice considerations. Second, while both countries formally recognize indigenous consultation mechanisms, the implementation of participatory governance remains limited in practice. Third, environmental governance institutions face structural challenges in addressing cumulative ecological impacts in fragile salt flat ecosystems. Comparative analysis shows that Chile has developed stronger institutional oversight and environmental regulatory mechanisms, whereas Argentina adopts a more decentralized governance structure that places greater authority at the provincial level. These differences produce varying degrees of environmental accountability and community participation in lithium governance. This research argues that strengthening environmental justice principles and participatory governance mechanisms is essential to ensure that the global energy transition does not create new forms of environmental inequality in lithium-producing regions.
Legal Challenges and the Strategic Role of PPAT in Inheritance of Uncertified Land with NPOP-Based Tax Obligations in Indonesia Nur Fikri, Mohamad; Maulina, Nia
International Journal of Law and Public Policy (IJLAPP) Vol 8 No 1: March 2026
Publisher : Lamintang Education and Training Centre, in collaboration with the International Association of Educators, Scientists, Technologists, and Engineers (IA-ESTE)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36079/lamintang.ijlapp-0801.1007

Abstract

Land ownership has a central role in the legal, economic, and social systems of Indonesia. The transfer of land rights through inheritance is a common legal event that often occurs when the owner of land passes away and the property is transferred to heirs according to applicable inheritance law. However, in practice many inherited lands in Indonesia are not yet registered or certified. This situation creates legal uncertainty, particularly when the transfer of rights is associated with taxation obligations related to the acquisition value of the tax object (Nilai Perolehan Objek Pajak/NPOP). In this context, the role of the Land Deed Official (Pejabat Pembuat Akta Tanah/PPAT) becomes crucial in ensuring the legality and validity of the inheritance process. This study aims to analyze the role of PPAT in handling inheritance cases involving uncertified land that has a taxable acquisition value. The research uses a normative legal research method with statutory and conceptual approaches. The findings indicate that PPAT plays an important role in verifying ownership documents, preparing authentic deeds, and ensuring compliance with taxation regulations related to land transfer. However, uncertified land often creates administrative and legal challenges in determining ownership history and calculating the acquisition value of the tax object. Therefore, strengthening legal regulations, improving land registration systems, and increasing public awareness of land certification are necessary to ensure legal certainty and effective land administration.
Criminal Liability for Crimes Committed Using Cryptocurrencies Al-Alili, Ameer Majeed Dahdouh; Abdullah, Zaid Salam
International Journal of Law and Public Policy (IJLAPP) Vol 8 No 1: March 2026
Publisher : Lamintang Education and Training Centre, in collaboration with the International Association of Educators, Scientists, Technologists, and Engineers (IA-ESTE)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36079/lamintang.ijlapp-0801.1014

Abstract

This research aims to clarify the actual works of criminal liability for crimes committed using cryptocurrency and to highlight the flaws of Iraqi legislation about this modern type of crime. Accordingly, an attempt has been made to analyse the elements, kinds, and difficulties of evidence, leading up to determining the legal system in which to protect from and suppress this type of crime, of which cyberspace is a part. This research is descriptive-analytical in nature, where legislation has been examined. The research indicates that the wide scope of risks involving cryptocurrency crimes makes it difficult to subject them to existing laws on movable property, especially since the legislator has omitted the criminalization of certain attacks like wallet hacking, while the sophisticated nature of making inquiries and collecting evidence complicates establishing a definitive link between the perpetrator and the transaction. All in all, this study finishes off with the need to develop or amend legislation to extend the definition of digital assets and criminalise attacks against them, strengthen investigative capacity in electronic tracking, establish units for cryptocurrency crimes, and regulate digital seizures and confiscation mechanisms. This further highlights the importance of modernising legislation in light of the criminal threat’s cryptocurrencies pose to upholding economic and legal security.
Legal Accountability for Sustainable Development: Beyond Voluntary Commitments in Public International Law Bunyan, Shahad; Awad, Raad; Khalifa, Attia; Mohammed, Wisam
International Journal of Law and Public Policy (IJLAPP) Vol 8 No 1: March 2026
Publisher : Lamintang Education and Training Centre, in collaboration with the International Association of Educators, Scientists, Technologists, and Engineers (IA-ESTE)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36079/lamintang.ijlapp-0801.1023

Abstract

Sustainable development has turned into a major normative reference point of world politics, yet, it has not been established as a legal concept since it has traditionally been a programmatic and voluntary concept. Although broad support is achieved by the use of various tools like Rio Declaration and Sustainable Development Goals, the measures of legal accountability are ad hoc and uneven. The article is a response to the doctrinal issue of how international environmental law and international human rights law can turn sustainable development into a precept into a legal system of accountability. It finds a structural disjuncture between normative proliferation and juridical enforceability, that sustainable development has been hampered by the pre-eminence of soft-law, feeble institutionalization and the inadequate articulation of adjudicative processes. The article analyses through a doctrinal legal approach the development of due diligence, extraterritorial human rights duties, climate litigation, and new doctrines of state and corporate responsibility. It shows that there is a growing interpretation of sustainability by courts and treaty bodies which have binding obligations in relation to prevention, precaution, intergenerational equity and the protection of rights. The article suggests that sustainable development is experiencing a process of normative hardening, in which the practices of judicial reasoning and accountability transform political commitments into enforceable obligations. The paper concludes that sustainable development could be used as a legally binding construct when integrated with standards of due diligence, rights-based policies, and responsibility dogmas, and no longer be a voluntary construct, but a structured responsibility. This reconceptualization adds to the scholarship by explaining the doctrinal avenues where sustainability obtains enforceable legal nature.