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Ganesha Law Review
Published by Universitas Pendidikan Ganesha
ISSN : 26569744     EISSN : 26849038     DOI : https://doi.org/10.23887/glr.v1i1
Core Subject :
GANESHA LAW REVIEW is a peer-reviewed journal that publishes scientific articles in the field of law. The published articles are the results of original scientific research and review of legal interactions. GANESHA LAW REVIEW is published by Faculty of Law and Social Sciences of Universitas Pendidikan Ganesha Singaraja. GANESHA LAW REVIEW accepts any manuscripts or articles in the field of law or legal studies from both national and international academicians and researchers. GANESHA LAW REVIEW is published two times a year (in May and November).
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Articles 151 Documents
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LEGAL PROTECTION OF CHILDREN AS VICTIMS OF CRIME ACTIONS AND SEXUAL VIOLENCE Ikama Dewi Setia Triana; Eti Mul Erowati
Ganesha Law Review Vol. 6 No. 1 (2024): May
Publisher : Program Studi Ilmu Hukum, Jurusan Hukum dan Kewarganegaraan, Fakultas Hukum dan Ilmu Sosial, Universitas Pendidikan Ganesha

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23887/glr.v6i1.3412

Abstract

This article aims to analyze legal protection for children as victims of moral crimes. This research uses a normative juridical research method with a type of approach, namely a statutory approach and a conceptual approach. The legal materials used are primary, secondary and tertiary legal materials, obtained by conducting literature studies. The research results show that the implementation of protection for children who are victims of violence is still not optimal. This is because victims' rights, such as the right to receive rehabilitation, compensation and restitution, make it difficult to manage the release of funds, because there is confusion from law enforcement officials regarding where the funds should be used from. A very fundamental obstacle to implementing the protection of children as witnesses and victims is that there are no funds provided to maximize the implementation of this protection. And in general, protection for child victims of immoral crimes can be carried out in 3 (three) ways, namely: (1) Punishing perpetrators of immoral crimes against children with heavy criminal sanctions so that the objectives of the punishment can be achieved based on the provisions of the Law (2) By provide compensation to child victims of immoral crimes by providing restitution charged to the perpetrator of the immoral crime. (3) By carrying out rehabilitation for child victims of immoral crimes.
JURIDICAL REVIEW OF LEGAL PROVISIONS FOR THE IMPLEMENTATION AND UTILIZATION OF THE CONVERSION OF FOREST LAND INTO CAPITALISTS-ORIENTED PLANTATIONS Elly Kristiani Purwendah; Daniel Joko Wahyono
Ganesha Law Review Vol. 6 No. 2 (2024): November
Publisher : Program Studi Ilmu Hukum, Jurusan Hukum dan Kewarganegaraan, Fakultas Hukum dan Ilmu Sosial, Universitas Pendidikan Ganesha

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23887/glr.v6i2.4166

Abstract

This research aims to find out how the legal provisions for the implementation and use of land conversion into plantation forests are capitalistic oriented. This research uses a normative juridical research method with a type of approach, namely a statutory and regulatory approach and a conceptual approach. The legal materials used are primary, secondary and tertiary legal materials, obtained by conducting literature studies. The results of the research show that the conversion of forest land into plantation land is stated in Government Regulation Number 64 of 1957 concerning Forestry Deregulation, Law Number 5 of 1967 concerning Forestry and was later replaced by Law Number 41 of 1999. In its implementation the existing regulations It turns out that this has not been rooted in the legal ideology, social system and political system of the constitution, and the Basic Agrarian Principles regulations. It seems that the use of forests that is managed and oriented towards capitalists cannot be used as a measure of the government's success in economic development, considering that there are still many inequalities and problems that have occurred so far. Considering the negative impacts rather than the function of land which is increasingly expanding and wasted.
EFFECTIVENESS OF CRIMINAL LAW ENFORCEMENT ON HAZARDOUS AND TOXIC WASTE POLLUTION (B3) Ikama Dewi Setia Triana; Eti Mul Erowati
Ganesha Law Review Vol. 6 No. 2 (2024): November
Publisher : Program Studi Ilmu Hukum, Jurusan Hukum dan Kewarganegaraan, Fakultas Hukum dan Ilmu Sosial, Universitas Pendidikan Ganesha

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23887/glr.v6i2.4167

Abstract

This study aims to determine how the implementing legal provisions and utilization of forest land conversion into plantations are oriented towards capitalism. This study uses a normative legal research method with the types of approaches, namely the legislative approach and the conceptual approach. The legal materials used are primary, secondary, and tertiary legal materials, obtained by conducting a literature study. The results of the study indicate that law enforcement against violations related to B3 waste still faces various significant obstacles. One of the main obstacles is the weak supervision by the responsible authorities, such as the Ministry of Environment and Forestry and related agencies at the regional level. Suboptimal supervision is often caused by limited human resources and technology that supports the monitoring process of companies or industries that produce B3 waste. This causes some violations to go undetected or not followed up properly. In addition, limited law enforcement facilities and infrastructure are also inhibiting factors. The lack of adequate laboratories to test waste samples, obsolete environmental quality monitoring equipment, and minimal budget to support supervision and investigation operations causes the effectiveness of law enforcement to be low. Law enforcers such as police, prosecutors, and judges who handle environmental cases often do not have sufficient knowledge or technical expertise about the impacts and characteristics of B3 waste, so that the case handling process does not run optimally.The sanctions given to perpetrators of pollution have also not provided a sufficient deterrent effect.
LEGAL REVIEW OF JUSTICE IN OCCUPATIONAL SAFETY AND HEALTH PROTECTION Agoes Djatmiko; Elisabeth Pudyastiwi
Ganesha Law Review Vol. 6 No. 2 (2024): November
Publisher : Program Studi Ilmu Hukum, Jurusan Hukum dan Kewarganegaraan, Fakultas Hukum dan Ilmu Sosial, Universitas Pendidikan Ganesha

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23887/glr.v6i2.4168

Abstract

This study aims to determine how the implementing legal provisions and utilization of forest land conversion into plantations are oriented towards capitalism. This study uses a normative legal research method with the types of approaches, namely the legislative approach and the conceptual approach. The legal materials used are primary, secondary, and tertiary legal materials, obtained by conducting a literature study. The results of the study indicate that Occupational Safety and Health (OHS) is an integral part of the protection of workers' rights, aims to create a safe and healthy work environment, and prevent work accidents and occupational diseases. In the Indonesian context, OHS is regulated through various legal instruments such as Law Number 1 of 1970 concerning Occupational Safety, Law Number 13 of 2003 concerning Manpower, and other derivative regulations that explain the standards and guidelines for the implementation of OHS. In addition, Indonesia has also ratified a number of international conventions from the International Labor Organization (ILO) which emphasize the importance of OHS protection for every worker. However, in its implementation, OHS regulations in Indonesia still face various challenges that lead to injustice in the protection of workers. Workers in the formal sector, especially those working in large companies, tend to get better OSH protection because the companies have sufficient resources to comply with existing regulations. In contrast, workers in the informal sector and small and medium enterprises (SMEs) often face more vulnerable situations, where OSH protection is minimal or even non-existent.
PENEGAKAN DISIPLIN PELAKU PELANGGARAN KODE ETIK KEPOLISIAN NASIONAL TIMUR LESTE SEBAGAI WUJUD PEMBINAAN APARATUR KEPOLISIAN NEGARA YANG TAAT HUKUM Sabino Freitas; Seguito Monteiro; Jose Agostinho D.B.P; Elly Kristiani Purwendah
Ganesha Law Review Vol. 6 No. 2 (2024): November
Publisher : Program Studi Ilmu Hukum, Jurusan Hukum dan Kewarganegaraan, Fakultas Hukum dan Ilmu Sosial, Universitas Pendidikan Ganesha

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23887/glr.v6i2.4210

Abstract

The enforcement of law carried out by the National Police of Timor-Leste in performing its state duties encompasses maintaining public security and order as a form of providing protection, guidance, and service to the community. This research aims to identify the factors causing members of the National Police of Timor-Leste in Baucau Municipality to abandon their duties and violate the code of ethics. The study employs an empirical juridical approach. The findings indicate that the application of sanctions for violations of the code of ethics within the National Police of Timor-Leste is based on prevailing laws and regulations. Over five years, punishments included verbal reprimands for 32 officers, written reprimands for 21 officers, and suspension from duty for 12 officers.
DISPENSASI PEMBUKAAN LAHAN PERTANIAN SECARA DIBAKAR BERDASARKAN KEARIFAN LOKAL Salfius Seko; Yanuar Rachmatul Ridha; Hadiryaman Laowo; Markus Peri Anggara; Ryanto Hartono; Sudarso
Ganesha Law Review Vol. 6 No. 2 (2024): November
Publisher : Program Studi Ilmu Hukum, Jurusan Hukum dan Kewarganegaraan, Fakultas Hukum dan Ilmu Sosial, Universitas Pendidikan Ganesha

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23887/glr.v6i2.4941

Abstract

This study aims to understand the practice of Land Opening Dispensation through Burning Based on the Local Wisdom of the Dayak Tobag community in West Kalimantan. In this context, the research seeks to comprehend the culture, values, and perspectives of the local community regarding land clearing through burning. The study's findings are expected to provide deeper insights into this practice, inform more inclusive policies and regulations, and formulate sustainable land management approaches. Thus, this research can make a significant contribution to environmental protection and the preservation of the Dayak Tobag community's culture while maintaining a balance between economic development and nature conservation.
PERTANGGUNGAN HUKUM ATAS PENCEMARAN LINGKUNGAN AKIBAT TUMPAHAN MINYAK PADA KILANG DI KABUPATEN CILACAP DALAM PERSPEKTIF HUKUM LINGKUP Bangkit Wahyu Indra Gunawan; Eti Mul Erowati; Wiwin Muchtar Wiyono; Elly Kritiani Purwendah
Ganesha Law Review Vol. 8 No. 2 (2026): November
Publisher : Program Studi Ilmu Hukum, Jurusan Hukum dan Kewarganegaraan, Fakultas Hukum dan Ilmu Sosial, Universitas Pendidikan Ganesha

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This study examines legal liability for environmental pollution caused by oil spills at oil refinery facilities in Cilacap Regency from the perspective of environmental law. Oil spills, as a form of environmental pollution resulting from oil industry activities, have significant impacts on ecosystems, public health, and environmental sustainability. This research employs a normative juridical method with statutory and conceptual approaches to analyze legal regulations governing corporate liability for environmental pollution. The findings indicate that legal liability for oil spills can be imposed through administrative, civil, and criminal mechanisms as regulated under Indonesian environmental law. In addition, the principle of strict liability may be applied to activities that pose high environmental risks, including oil refinery operations. However, in practice, law enforcement still faces challenges in terms of evidence, supervision, and the effectiveness of sanction implementation. Therefore, strengthening regulations and optimizing the role of government in environmental supervision are necessary to ensure environmental protection and sustainability.
TINJAUAN YURIDIS PERTANGGUNGJAWABAN KORPORASI DALAM PENAMBANGAN ILEGAL Ade Budi Brilliant; Aniek Periani; Ikama Dewi Setia Triana; Wiwin Muchtar Wiyono; Elly Kristiani Purwendah
Ganesha Law Review Vol. 8 No. 2 (2026): November
Publisher : Program Studi Ilmu Hukum, Jurusan Hukum dan Kewarganegaraan, Fakultas Hukum dan Ilmu Sosial, Universitas Pendidikan Ganesha

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Illegal mining has become a strategic agenda in achieving legal certainty, environmental protection, and optimizing state revenues, particularly in Indonesia. A study of corporate accountability in illegal mining in Indonesia is essential to ensure that all existing legal instruments are properly implemented. This research is a qualitative study using a normative legal research approach. The results show that most cases that have been legally binding place company directors or managers as defendants, rather than the corporation itself. This may be due to the following factors: it is easier for prosecutors to prove the guilt of management, proving individual guilt is simpler than proving the existence of corporate policies, and law enforcement in the mineral and coal sector is still oriented towards individual perpetrators.
ANALISIS YURIDIS TERHADAP KERUSAKAN KAWASAN RESAPAN AIR DI BATURRADEN KABUPATEN BANYUMAS AKIBAT AKTIVITAS PARIWISATA DAN PEMBANGUNAN Carmo Carmo; Eti Mul Erowati Erowati; Wiwin Muchtar Wiyono; Elly Kristiani Purwendah
Ganesha Law Review Vol. 8 No. 2 (2026): November
Publisher : Program Studi Ilmu Hukum, Jurusan Hukum dan Kewarganegaraan, Fakultas Hukum dan Ilmu Sosial, Universitas Pendidikan Ganesha

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This study provides a juridical analysis of the damage to the water catchment area in Baturraden, Banyumas Regency, caused by tourism activities and development. Water catchment areas play a strategic role in maintaining hydrological balance, particularly in regulating water systems, preventing floods, and preserving groundwater availability. However, the increasing tourism activities and infrastructure development in the area may lead to environmental degradation, which disrupts the ecological function of the water catchment area. This research employs a normative juridical method using statutory and conceptual approaches to examine legal regulations concerning the protection of water catchment areas. The findings indicate that the legal framework governing water catchment protection has been regulated under various legal instruments; however, its implementation still faces challenges in terms of supervision, law enforcement, and consistency in spatial planning policies. Therefore, strengthening legal instruments and optimizing the role of local governments are necessary to ensure the sustainability of the water catchment function in Baturraden.
ANALISIS YURIDIS TERHADAP PENCEMARAN UDARA AKIBAT PEMBAKARAN SAMPAH TERBUKA DI PERMUKIMAN KABUPATEN BANYUMAS DALAM PERSPEKTIF HUKUM LINGKUNGAN Nana Semba Dwi Purwana; Eti Mul Erowati; Wiwin Muchtar Wiyono; Elly Kristiani Purwendah
Ganesha Law Review Vol. 8 No. 2 (2026): November
Publisher : Program Studi Ilmu Hukum, Jurusan Hukum dan Kewarganegaraan, Fakultas Hukum dan Ilmu Sosial, Universitas Pendidikan Ganesha

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Air pollution caused by open burning of waste in residential areas remains a serious environmental issue in Indonesia, including in Banyumas Regency. This practice generates hazardous emissions that not only degrade air quality but also negatively impact public health and the overall environment. This study aims to analyze environmental legal regulations and the effectiveness of law enforcement regarding air pollution caused by open waste burning in residential areas of Banyumas Regency from an environmental law perspective. This research employs a normative legal method with statutory, conceptual, and case approaches. The legal materials consist of primary, secondary, and tertiary sources analyzed through qualitative normative analysis. The findings indicate that regulations prohibiting open waste burning are clearly stipulated in Law No. 32 of 2009 on Environmental Protection and Management and Law No. 18 of 2008 on Waste Management. However, in practice, law enforcement remains ineffective due to weak supervision, low public legal awareness, and limited waste management facilities at the local level. Therefore, stronger law enforcement, improved waste management infrastructure, and continuous environmental legal education for the community are required to minimize air pollution.

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