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H.S. Tisnanta
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B. Building, Faculty of Law Universitas Lampung. Prof. Sumantri Brojonegoro St. No 1, Gedong Meneng, Bandar Lampung. Lampung-35145. Indonesia
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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 68 Documents
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Warehousing Permits Arrangements and Implications for Public Peace and Order in Bandar Lampung City Harrys Bangkit Tanodo
Administrative and Environmental Law Review Vol. 4 No. 1 (2023)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/aelr.v4i1.2944

Abstract

Permits are a legal instrument the government uses to control certain activities. The existence of warehouses in the City of Bandar Lampung that do not yet have permits has resulted in problems with public order and peace. This research will discuss the arrangement of warehousing permits in Bandar Lampung and the implications of issuing warehousing permits for public order and peace. This research uses a normative method by examining Government Regulation Number 29 of 2021 concerning the Implementation of the Trade Sector and an empirical approach using the case study method with a qualitative approach and determining informants based on purposive sampling. The findings obtained in this study were that initially, the warehouse owned by PT YHB (Limited Liability Company Yonatama Harry Bersaudara) did not have a permit. Still, after receiving protests from people who felt disturbed, the warehouse only had a permit. In fact, before the warehouse was used, it should have had a permit. The issuance of the warehouse permit, this justifies the warehouse owner's non-compliance with the licensing regulations. The positive impact on the community is the creation of jobs and an increase in the community's economy and local revenue for the City of Bandar Lampung. In contrast, the negative impact is noise, hampered mobility and damage to roads that disturb the community and changes in regional spatial planning.
Land Management Rights Before and After the Government Regulation in Lieu of Job Creation Law Penta Peturun
Administrative and Environmental Law Review Vol. 4 No. 1 (2023)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/aelr.v4i1.2947

Abstract

There are regulations regarding land management rights (HPL) in Law Number 11 of 2020 concerning Job Creation in Government Regulation in Lieu of Law Number 2 of 2022 concerning Job Creation. The background is the birth of the Investment policy made by President Joko Widodo's Government. HPL is regulated separately as a “right”, whereas in the Basic Regulations on Agrarian Principles (UUPA) which is the source of law, there is no mention of “rights”. Related to the authority of the State's Right to Control (HMN). The Government Regulation transfers HPL as a whole to certain parties. There should be a role for regulators and operators participating in planning, implementation and supervision. Therefore, there must be clarity on the position of the authority “controlled by the state” for HMN constitutionally against HPL in Government Regulations that refer to the constitution. In a normative legal approach, Article 33 of the 1945 Constitution mandates the state to conduct beleid, bestuursdaad, regelendaad, beheersdaad, tezichthoudensdaad. Philosophically, the government functions as a regulator and operator. As an operator, the Government carries out its duties as a coach and supervisor by directly implementing activities. This is confirmed in the Decision of the Constitutional Court of the Republic of Indonesia Number 001-21-22-PUUI 2003 on HMN. Suppose HPL in the Government Regulation is released. In that case, it is not much different from embracing the concept of nachtwachternstaat or night watchman state, not the principle of welvaarstaat which fully utilizes the control of wealth sources for the greatest prosperity of the people. As it should be, HPL in HMN can provide direction for law enforcers and stakeholders with a role and authority in the land acquisition process.
Are The Laws for Us or Against Us? Reinventing Environmental Sanitation Laws in Nigeria Folakemi. O Ajagunna; Opeyemi.A. Gbadegesin
Administrative and Environmental Law Review Vol. 4 No. 2 (2023)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/aelr.v4i2.2972

Abstract

Environmental sanitation has been defined as managing any aspects of a man's physical environment that might harm his physical, cognitive, or social health. Indoctrinating good environmental sanitation practices into its citizenry has been and remains a foremost concern for the Nigerian government, with several laws enacted at levels of government to achieve this target. Although there are many of these laws, compliance with environmental sanitation laws remains at its lowest ebb in Nigeria. Nigeria's current environmental sanitation situation reflects that these laws are obeyed more in abeyance, with many viewing compliances as a fool's errand rather than a necessary evil. The method used in this research is descriptive and doctrinal. This paper discusses the issue of environmental sanitation in Nigeria and examines the existing legal system for achieving a cleaner Nigeria. This paper posits that having a clean Nigeria is achievable and asserts that a bottom-up approach to environmental sanitation lawmaking in Nigeria is needed to achieve this goal. A participatory community module for sanitation lawmaking is recommended to ensure that the people understand the importance of these laws by taking ownership of the process rather than depending on the government for its actualization.
Criminal Sanctions for Unauthorized Transportation of Protected Animals: Perspective of the Purpose of Punishment Achmad Nazir Thaharah
Administrative and Environmental Law Review Vol. 4 No. 2 (2023)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/aelr.v4i2.2980

Abstract

The trade of protected wildlife has a detrimental impact on the sustainability of endangered wildlife populations in Indonesia. Criminal punishment against the perpetrators of the crime of transportation of animals for the purpose of trade must be able to provide a deterrent effect and benefits for the protection of animals. The imposition of punishment in the criminal act of transportation of protected wildlife needs to be examined further from the aspect of the purpose of punishment, which is to prevent criminal acts by enforcing legal norms for the protection of society. This article will discuss the basic considerations of judges in punishing perpetrators of criminal acts without the right to transport protected animals alive. And the imposition of punishment by the judge against the perpetrator of the crime is in accordance with the purpose of punishment or not. The research method uses normative research methods, with literature studies in the form of laws and regulations related to the issues discussed. Based on the results of the research, as in Decision Number: 77/Pid.B/LH/2020/PN.Tjk, the punishment of the perpetrators of the criminal act of transporting protected wildlife in a live state is based on juridical, sociological, and philosophical considerations. The author recommends that perpetrators of protected wildlife trade be sentenced to heavy fines because their actions are economically motivated. In addition, it is necessary to regulate social work sanctions for convicted poachers and protected wildlife traffickers to restore the consequences of the criminal acts that have been committed.
The Role of Environmental Legal Instruments and Government Policies in Realizing Sustainable Development in Indonesia Muhammad Rahjay Pelengkahu; Najib Satria
Administrative and Environmental Law Review Vol. 4 No. 2 (2023)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/aelr.v4i2.2971

Abstract

The increasing human needs have encouraged massive development in various countries, both developing and developed countries. in its progress, a development that is often carried out intersects with the environment. Also, various cases of pollution and environmental destruction due to development have been rampant. Therefore, a new paradigm in development is needed, which is contained in the concept of sustainable development. However, this requires the role of environmental law and government policies so that the goals of sustainable development can be realized. Sustainable development has the aim of balancing economic interests and environmental conservation so that the current development does not have a negative impact on future generations of humans. In general, the government has three types of policies in the environmental sector, namely, policies that are preemptive, preventive, and proactive. The writing of this law refers to a qualitative approach with a qualitative descriptive type of research. Through this research method, it is hoped that this legal writing will explain the role of law and government policy in realizing sustainable development in Indonesia. research results show The goal of sustainable development is to realize the development and utilization of natural resources to improve the quality of human life, without compromising the welfare of future human generations.
The Authority of Lampung Provincial Government in Managing Fisheries Resources in Era of Regional Autonomy Dheni Irawan
Administrative and Environmental Law Review Vol. 4 No. 2 (2023)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/aelr.v4i2.2977

Abstract

The global COVID-19 outbreak has had a major impact on the marine and fisheries industry in Indonesia. This is also felt by fishermen in Lampung Province with the decline in demand for fishery products in the domestic and international markets in Lampung Province. The overall decline in the fisheries production cycle is influenced by the decline in demand from consumers. The local government has an important role to help restore the condition. The problem in this research is how the authority of the local government of Lampung Province in the management of fisheries resources in the era of regional autonomy and how the efforts of the marine and fisheries office of Lampung Province in an effort to achieve fisheries production in the era of regional autonomy. The research method used is normative research with statute approach. The results of this study are in accordance with the Governor's Regulation on the determination of the main tasks and functions of the Lampung Province Maritime and Fisheries Service as an implementing element of local government in the field of marine and fisheries led by a Head of Service who is responsible to the Governor. he goal is to implement the commitment of the Governor and Deputy Governor elected in 2019-2024 on marine and the Berjaya Fishermen Program to prioritize the welfare of the fishing industry, especially fishermen and their families. The Lampung Provincial Maritime and Fisheries Service provides solutions in the form of feed assistance in collaboration with Lampung University, fish nurseries and distribution in four districts and cities as well as Mobilizing registration and licensing to increase the capacity of fishermen and facilitate licensing and shipping documentation.
What are the Forms and Obstacles of Community Participation in Environmental Damage Prevention? Siti Mariyam; Adhi Putra Satria; M. Samsudin
Administrative and Environmental Law Review Vol. 4 No. 2 (2023)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/aelr.v4i2.2992

Abstract

This research examines the national and international legal frameworks governing community involvement in environmental damage prevention and the challenges and various forms of community participation in environmental damage prevention efforts globally. This study uses a qualitative method to conduct normative legal research, which involves a literature review of various international legal instruments and field cases related to community participation in the prevention of environmental damage and uses Seherly Arnenstein's theory of community participation to examine community participation in environmental conservation. The results show that community participation in preventing environmental damage has a legal position at the national and international levels. At the international level, several agreements, such as the United Nations Framework Convention on Climate Change (UNFCCC), the Convention on Biological Diversity (CBD), and the Basel Convention, have established a legal framework for preventing environmental damage, including community participation. Meanwhile, at the national level, Law No. 32/2009 on Environmental Protection and Management (UU PPLH) has regulated the rights and obligations of the community in protecting the environment. Furthermore, this study found that community participation in preventing environmental damage can be done through various means, such as decision-making processes, access to environmental information, and participation in implementing environmental policies. However, there are still challenges and obstacles in its implementation, such as limited access to information, lack of public awareness, and lack of government and private sector support. Based on this, more significant efforts are needed to strengthen community participation in preventing environmental damage, including increasing access to environmental education and information and establishing more active and effective forums for community participation. The active involvement of the government, civil society organizations, and private institutions is needed to ensure that community participation in preventing environmental damage can be achieved.
Legal Certainty of the Right to Severance Pay for Workers Who Retire in Companies That Undergo Acquisitions Fajar Ramadhan; Agus Mulya Karsona; Holyness N Singadimeja
Administrative and Environmental Law Review Vol. 4 No. 2 (2023)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/aelr.v4i2.3134

Abstract

The ease of transactions in the digital era has resulted in increased competitiveness between companies in the trade sector. To maintain the existence of the company, it is not uncommon for companies to restructure through the acquisition process. However, the acquisition process has an impact on the existence of workers in the previous company, especially on workers entering retirement age. Law Number 6 of 2023 on Job Creation Article 61 paragraph (3) regulates the transfer of responsibility for workers' rights which illustrates that the new employer is responsible for fulfilling workers' rights, but the transfer agreement allowed by this law does not guarantee the fulfillment of workers' rights as a whole. Therefore, it is necessary to know the legal certainty of workers entering retirement age in companies that experience acquisitions and the implementation of severance pay rights for workers entering retirement age in companies that experience acquisitions. The legal approach involves looking at secondary data or library resources. The results showed that Law Number 6 of 2023 on Job Creation concerning Interim Replacement (PHK), employees who have been laid off eligible for severance money, long service pay, and compensatory pay. The rights of workers affected by termination of employment on the grounds of entering retirement age in companies experiencing takeover are calculated based on the length of service of workers in a company, as well as the rights that have not been obtained by workers during their work which can be used as nominal money.
Potential and Legal Challenges of the Metaverse for Environmental Awareness and Sustainability in Nigeria: A Comparative Analysis with Singapore Aidonojie, Paul Atagamen; Majekodunmi, Toyin Afolabi; Obieshi, Eregbuonye; Adeyemi-Balogun, Omolola Janet
Administrative and Environtmental Law Review Vol 5 No 1 (2024)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/aelr.v5i1.3230

Abstract

The Metaverse offered a novel and immersive platform where Nigerian users engaged with virtual environments that mirrored the physical world or even transcended its confines, similar to Singapore's adoption in its economy. This digital realm provided a unique opportunity for individuals and organizations to simulate and visualize the environmental consequences of human activities, thereby deepening awareness of ecological issues. Virtual reality simulations and immersive educational experiences empowered users to witness the ramifications of environmental degradation, motivating them to adopt eco-friendly practices in their daily lives. However, the realization of the Metaverse's potential for promoting environmental awareness and sustainable practices faced various legal challenges. This research employed a hybrid research approach, combining both doctrinal and non-doctrinal methods, to assess the prospects and legal issues surrounding the use of the Metaverse as a catalyst for environmental awareness and sustainability. A total of 304 questionnaires were distributed to Nigerian respondents, and data were analyzed using descriptive and analytical methods. The findings revealed that the burgeoning Metaverse had the potential to play a pivotal role in advancing environmental awareness and sustainable practices, contributing to the mitigation of climate change. Nonetheless, several challenges, such as data privacy, security issues, regulatory concerns related to the Metaverse, digital illiteracy, and insufficient funding for incorporating Metaverse technology, might hinder its effective utilization for promoting environmental awareness and sustainability. It was concluded that the Metaverse possessed transformative power to enhance environmental awareness and sustainable practices in Nigeria. Furthermore, drawing insights from Singapore's experiences in the Metaverse highlighted potential lessons and inspiration for Nigeria as it embarked on this journey of environmental awareness and sustainability through immersive digital experiences.
[RETRACTED] Eco-centric Theory: Environmental Conscious Constitution Hasibuan, Rangga Hotman
Administrative and Environtmental Law Review Vol 5 No 1 (2024)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/aelr.v5i1.3308

Abstract

Many national constitutions incorporate elements of environmental constitutionalism, yet the absence of these provisions in some countries indicates suboptimal implementation. This normative juridical research investigated the key factors that influence a country's decision to embrace environmental constitutionalism based on historical case studies of countries that have amended their constitutions in this area, underscoring the contextual background as a pivotal influence on the constitutional amendment process. This environment inevitably shaped the amendment process, exposing it to a variety of influential factors. The research concluded by emphasizing critical strategies necessary for successful constitutional amendments, including aligning environmental protection with national values, leveraging crises, addressing economic factors thoroughly, and garnering the requisite political support from both the public and politicians.

Page 5 of 7 | Total Record : 68

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