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Administrative and Environmental Law Review
Published by Universitas Lampung
ISSN : 27232484     EISSN : 27459330     DOI : https://doi.org/10.25041/aelr
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
The Administrative and Environmental Law Review is a journal published by the Faculty of Law, Universitas Lampung. Established in, the Administrative and Environmental Law Review aims to distribute scientific research and discusses in state administration law and environmental law in Indonesia, specifically in fields of legal environment of business, international environmental law, regulation of air pollution, regulation of water pollution, regulation of oil and gas industries. The Administrative and Environmental Law Review publishes two issues in a year. In 2021, the Administrative and Environmental Law Review Journal requires English as its main language, and therefore accepts journals only in English.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 6 Documents
 1 
Search results for , issue "vol 7 no 1 (2026)" : 6 Documents clear
An Administrative Law Dilemma from Taxing the Economic Presence in Cloud Computing Post-Constitutional Court Decision in Indonesia Andi Firyani Syabina; Ahmad Masum; Ahsan Yunus; Achmad Ruslan
Administrative and Environtmental Law Review Vol 7 No 1 (2026)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/aelr.v7i1.4586

Abstract

The expansion of the digital economy, particularly cloud computing, has exposed structural limitations in Indonesia’s Income Tax framework, which remains based on physical presence. In response, the government introduced the concept of significant economic presence as a new taxation basis, yet this reform was undermined when the Constitutional Court annulled its statutory foundation. Using a normative conceptual approach, this research moves beyond problem identification by proposing a concrete legislative solution to the resulting regulatory vacuum. Its contribution lies in offering a legal reconstruction model that reinstates the significant economic presence nexus within the permanent Income Tax Law by redefining the digital economy and Permanent Establishment to include quantitative indicators such as revenue thresholds and user participation. The study concludes that harmonizing Income Tax regulations with constitutional principles would strengthen legal certainty and improve Indonesia’s capacity to tax digital services such as cloud computing.
Environmental Management Strategy in the Golden Era of the Poboya Village Mining Area, Mantikulore District, Palu City Ikbal Ikbal; Gabriela Almasari Datuan; Abdullah Abdullah; Nursiah Moh. Yunus; Widyatmi Anandy
Administrative and Environtmental Law Review Vol 7 No 1 (2026)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/aelr.v7i1.4592

Abstract

Artisanal gold mining in Poboya Village, Mantikulore District, Palu City, poses significant environmental risks due to the continued use of mercury in gold processing. Mercury contamination has degraded land and water quality and threatens public health, revealing weaknesses in both mining practices and the legal framework governing artisanal mining. This study analyzes deficiencies in artisanal mining regulations and examines the normative conflict between community and corporate mining permits within Indonesia's licensing system. It employs normative legal research using statutory, conceptual, and case approaches, drawing on mining and environmental legislation, including regulations on People's Mining Areas (WPR), supported by secondary legal sources. The findings reveal regulatory weaknesses, including unclear provisions, poor legal harmonization, and ineffective oversight. Conflicts between community and corporate mining permits create legal uncertainty and undermine environmental protection. Strengthening the legal framework through regulatory harmonization, improved WPR regulations, and more effective oversight and law enforcement is therefore essential to promote equitable, sustainable mining governance and legal certainty.
Management of Confiscated Assets by the Prosecutor's Office: A Comparative Study between Indonesia and the United States Adi Tyogunawan; Mohd. Din; Rizanizarli Rizanizarli; Darmawan Darmawan; Jalal Johari
Administrative and Environtmental Law Review Vol 7 No 1 (2026)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/aelr.v7i1.4955

Abstract

The management of confiscated assets is an important aspect of governance in law enforcement and public financial administration. Confiscated assets function not only as consequences of criminal sanctions but also as state assets that must be managed in an orderly and accountable manner consistent with good governance principles. In Indonesia, the Indonesian Attorney General’s Office holds authority to execute final court decisions, including the management of confiscated and forfeited assets. In practice, administrative challenges persist, including limited technical regulations, weak asset governance, and the underutilization of economically valuable assets. This study analyzes the management of confiscated assets by the Indonesian Attorney General’s Office and compares it with the system in the United States using normative legal research with statutory and comparative approaches. The findings show that asset management in Indonesia remains focused on executing court decisions and is not fully integrated with productive state asset governance, while the United States has developed a more comprehensive model through criminal, civil, and administrative forfeiture supported by specialized institutions and stronger accountability. The study highlights the need to strengthen Indonesia’s regulatory framework and institutional capacity to ensure legal certainty and optimize public financial benefits through improved coordination, adequate storage facilities, stronger security standards, trained personnel, and more efficient auction mechanisms for valuable assets.
Environmental Genocide and the Urgency to Criminalize Ecocide in Modern Criminal Law Reform Zico Junius Fernando; Firdaus Arifin; Muhamad Adystia Sunggara; Chairul Huda; Fardana Kusumah
Administrative and Environtmental Law Review Vol 7 No 1 (2026)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/aelr.v7i1.5010

Abstract

Environmental genocide refers to systematic ecological destruction that threatens the survival, identity, and dignity of particular communities, especially Indigenous and marginalized groups. This article argues that ecocide should be constructed as the legal offense capable of responding to such destruction within modern criminal law. Using a descriptive-prescriptive normative legal method, this study applies statutory, conceptual, and comparative approaches to examine the limits of existing environmental criminal law and to formulate a more precise model for criminalizing ecocide. The comparison focuses on the European Union, France, Ecuador, and Bolivia by assessing four variables: the definition of ecological harm, the threshold of severity, corporate and state accountability, and enforcement mechanisms. The study finds that Indonesian environmental law already recognizes serious environmental crimes and corporate liability, but it remains oriented toward pollution, administrative violation, and damage-based liability rather than systematic ecological destruction with cultural, intergenerational, and community-based consequences. This article proposes that ecocide be formulated as a distinct offense based on four core elements: unlawful or wanton conduct; severe, widespread, or long-term ecological damage; knowledge or intent regarding the risk of such damage; and aggravated liability where the destruction affects vulnerable communities or Indigenous peoples. The article contributes a doctrinal model for integrating ecocide into Indonesian criminal law reform through amendment of environmental legislation or the creation of a lex specialis on serious ecological crimes.
Strengthening the Ombudsman’s Authority in Overseeing Government Non-Compliance with Environmental Court Decisions Lintang Ario Pambudi
Administrative and Environtmental Law Review Vol 7 No 1 (2026)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/aelr.v7i1.5068

Abstract

The persistent non-compliance of government officials with final and binding Administrative Court (PTUN) decisions in environmental cases has created a pattern of administrative impunity in Indonesia, weakening legal certainty and judicial authority while worsening environmental harm and undermining public welfare. This article examines the structural causes of non-compliance and proposes a normative framework to strengthen the Ombudsman of the Republic of Indonesia (ORI) as an autonomous external oversight institution in enforcing environmental judgments. Using normative legal research with statutory, conceptual, case study, and comparative approaches, it identifies three key weaknesses in the enforcement regime: the absence of effective coercive mechanisms, limited effectiveness of administrative sanctions, and political interference in oversight processes. These factors create a systemic enforcement gap that enables officials to evade legal obligations with minimal accountability. The article argues that ORI should be repositioned as a stronger compliance-enforcement actor through enhanced supervisory authority, improved complaint mechanisms, systematic monitoring, and proactive investigation of maladministration in executing court decisions, in order to close the enforcement gap, uphold the rule of law, and promote ecological justice.
Balancing Environmental Protection and Administrative Fairness: A Critical Analysis of Indonesia’s Anti Eco-SLAPP Policy Ilham Dwi Rafiqi; Elsa Diana; Ridwan Arifin
Administrative and Environtmental Law Review Vol 7 No 1 (2026)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/aelr.v7i1.5075

Abstract

The Anti-Eco-SLAPP provision in Article 66 of Law No. 32 of 2009 on Environmental Protection and Management is designed to protect environmental defenders from retaliatory lawsuits and criminalization; however, its implementation continues to face significant technical and administrative challenges. This study critically assesses the effectiveness of Anti-Eco-SLAPP regulation, with particular focus on Regulation of the Minister of Environment and Forestry Number 10 of 2024, through the perspective of the General Principles of Good Governance. Employing a normative juridical approach, it analyzes relevant legal norms and policy frameworks and finds that, despite the promise of the regulatory design, its practical impact is weakened by complex administrative procedures and legal uncertainty. The study therefore recommends stronger inter-institutional integration, simplification of procedural requirements, and broader public participation to ensure effective protection for environmental defenders.

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