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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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Crowdsourcing and Public Participation to Advance Global Environmental Protection Ghasemi, Shadi; Tayebi, Sobhan
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.v5i1.3388

Abstract

The principles of international environmental law provide a robust framework for analyzing the legal dynamics of environmental hazards. Central to this framework is the principle of participation, which is pivotal in enhancing environmental protection and mitigating the progression of environmental hazards. By leveraging methods like crowdsourcing, this principle can foster a more engaged public involvement in safeguarding the biosphere. This research explores participatory democracy, access to information, public decision-making, and environmental litigation as fundamental approaches to achieving the objectives of international environmental legislation. It aims to illuminate the two-way interaction between these elements and assess the feasibility of actualizing the participation principle through crowdsourcing. The research examines the effectiveness of crowdsourcing as a tool for implementing this principle in supporting and protecting the environment. By reviewing and analyzing relevant sources, the article posits that increasing stakeholder participation, including civil groups and individuals, can enhance the effectiveness of environmental legislation and advance social and environmental justice. It advocates for the creation of platforms that facilitate information sharing and stakeholder engagement, along with mechanisms to ensure accountability and balance power, as crucial strategies for effective environmental governance.
Sovereignty and Human Rights: Examining Sustainable Plantation Enterprises in Indonesia Hairan, Hairan; Negara, Tunggul Anshari Setia; Koeswahyono, Imam; Sugiri, Bambang
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.v5i1.3415

Abstract

The Sovereignty Principle in the Plantations Law legalizes dynamics that disproportionately empower plantation companies while disenfranchising indigenous peoples. Under this principle, plantation permits are granted to companies, not indigenous communities, limiting the latter's involvement in mandatory deliberations set by the law. Consequently, indigenous peoples are coerced into relinquishing their lands in exchange for compensation, leading to the erosion of their collective land rights. This practice is at odds with the protections intended under Article 28D Paragraph (1) and Article 28H Paragraph (2) of the 1945 Constitution of Indonesia, which safeguard collective rights to property. The lack of political will to recognize and protect these rights suggests a troubling disregard for the existence and sovereignty of indigenous peoples.
Legal Risks in Future Housing Purchase and Sale Contracts: A Case Research in Vietnam Le Thi, Thao; Le Minh , Thanh
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.v5i1.3419

Abstract

A future housing purchase contract stipulates a predetermined sale price between a home buyer and seller, with the transaction set for a future date. This type of contract offers sellers the advantage of price security and continued property use until the sale, mitigating risks associated with market fluctuations and buyer scarcity. Nevertheless, these contracts also present several challenges, particularly the need for clear, transparent terms and careful legal risk management to safeguard the interests of all parties involved. This article uses the method pf analyzing the written law, the method of analyzing the situation trough the researching on secondary sources to analyze anticipated legal challenges in future housing purchase contracts and reviews relevant Vietnamese legal frameworks. It proposes essential contract terms and preventive measures aimed at minimizing risks and protecting the rights of the parties, focusing particularly on the buyer. These insights are intended to guide stakeholders in crafting more secure and equitable future housing purchase agreements.
Agricultural Land Pawning as a Social Institution in Wono Agung Village Tulang Bawang District Raswanto, Raswanto; Sumarja, FX; Yuniati, Ati
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.v5i1.3437

Abstract

Agricultural land pawning, as outlined in Law No. 56/1960 on the Determination of Agricultural Land Area, is characterized as a collateral transaction where agricultural land is mortgaged or pledged. Social institutions can play a key role in this process, acting as facilitators for loan provisions against land collateral and helping to evaluate and understand the motivations behind agricultural land pawning. This research adopts an empirical normative approach to assess the practice. The findings reveal that agricultural land pawning in Wono Agung Village is conducted in two principal manners: verbally and in writing, aligning with the stipulations of Article 7 of Law Number 5 of 1960. The residents of Wono Agung Village typically engage in pawning their agricultural land for several reasons, including the need for capital, education expenses, expansion of agricultural land, general economic difficulties, and other urgent necessities. Challenges in the implementation of agricultural land pawning arise from issues involving both the pawn recipients and the landowners. Despite these obstacles, agricultural land pawning functions effectively as a social institution, offering a viable solution to the economic struggles faced by the villagers. These social institutions play a pivotal role in enhancing the welfare and economic conditions of the agricultural community in Wono Agung Village.
A Comparative Research on the Effectiveness of Progressive versus Proportional Tax Systems in Enhancing Social Justice Syahril, Muh. Akbar Fhad; Hasan, Hamida
Administrative and Environtmental Law Review Vol 5 No 2 (2024)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/aelr.v5i2.3479

Abstract

This research investigates the effectiveness of progressive and proportional tax systems in promoting social justice from the perspectives of tax law and accounting. Each system presents its own advantages and disadvantages. While progressive taxation is considered more vertically equitable, it may induce economic distortions—inefficiencies that disrupt market dynamics and prevent economic agents from maximizing social welfare. In contrast, proportional taxes are simpler and more efficient but are less equitable in their distribution of the tax burden. This study identifies critical challenges, including weak law enforcement characterized by inconsistent application of laws and a tendency for those in power to evade accountability, as well as low taxpayer compliance and discrepancies between tax law and accounting standards. To achieve optimal social justice, this research advocates for a hybrid approach that integrates elements from both tax systems, harmonizes regulations, and enhances taxpayer compliance through improved law enforcement and public education initiatives.
Comparative Legal Responses to Illicit Wildlife Trade in Bangladesh and India: Indigenous vs. Extraneous Approaches Nower suvra , Anika; Ontar, Morshed Hossain
Administrative and Environtmental Law Review Vol 5 No 2 (2024)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/aelr.v5i2.3482

Abstract

This research examined the legal responses to illicit wildlife trade in Bangladesh and India, focusing on how these countries harmonized their domestic laws with international obligations under the Convention on International Trade in Endangered Species (CITES). It assessed the effectiveness of Bangladesh's legal framework against wildlife trafficking and compared it to India’s advancements, particularly the Indian Wildlife Protection Amendment Act of 2022. Utilizing qualitative and doctrinal methods, the research reviewed primary and secondary sources, including statutes and international agreements. While Bangladesh faced significant challenges in enforcement and effectiveness, India strengthened its wildlife protection through stricter penalties and enhanced compliance with CITES. The research advocated for Bangladesh to adopt similar legislative reforms and improve enforcement mechanisms to better protect biodiversity and fulfill international obligations.
The Urgency of Green Banking Regulations in Indonesia in the Implementation of Sustainable Development Kartiko, Nafis Dwi; Indradewi, Astrid Athina; Sugianto, Fajar
Administrative and Environtmental Law Review Vol 5 No 2 (2024)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/aelr.v5i2.3604

Abstract

This research highlights significant gaps in Indonesia's green banking regulations, particularly the lack of stringent sanctions and clear enforcement frameworks for sustainable finance principles. While the Financial Services Authority Regulation No. 51/POJK.03/2017 addresses environmental sustainability, it fails to impose effective penalties on banks that contribute to environmental degradation. As a result, green banking in Indonesia remains largely a voluntary initiative due to insufficient regulatory measures. This research employs a normative legal research design, utilizing both conceptual and statutory approaches. It advocates for the implementation of stricter penalties and enhanced oversight to ensure compliance with sustainability standards among financial institutions, thereby facilitating the transition to a green economy. Furthermore, the Sustainable Development Goals (SDGs) underscore the importance of indicators related to economic, social, and environmental sustainability, which green banking can help achieve. The proposed revised regulatory framework should include stringent sanctions for violations by both banks and customers, ensuring that financial institutions actively contribute to environmental protection.
Can the Tenure of the Government of National Unity Enhance Public Accountability in the South African Government? (2024-2029) Thusi, Xolani
Administrative and Environtmental Law Review Vol 5 No 2 (2024)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/aelr.v5i2.3607

Abstract

The South African government has struggled with public accountability over the past 30 years of democracy. The government has been dominated by the African National Congress (ANC) for 30 years, and this dominance has not enhanced public accountability but has made it worse. It cannot be argued that the government led by ANC has made many strides in advancing the lives of the marginalised people through progressive policies that were designed to address the wrongs made by the apartheid government. Overtime the government led by ANC abandon it principles and values and this is evident as this government high ranking political office bears were mostly caught up in corruption scandals. The state capture masterminds were mostly affiliated with the ANC, and this shows a lack of public accountability, and the bunts are mostly felt by the marginalised people. As the lack of public skyrocketed all spheres and entities of South Africa government this led to poor public service delivery across the public sector. The lack of public service delivery is evident in South African government as service delivery protest takes place more often mostly in the local government sphere which is closer to the people. This paper analysed the prospects of the GNU in enhancing public accountability in South African public sector. The author is of the view that the GNU has the potential to enhance public accountability and service delivery in South Africa, due to diverse political parties working together in cabinet and in the parliament. A desktop approach was used to review recent literature on the phenomenon.
Strengthening International Legal/Institutional Response Towards Tackling Transborder Movement of Hazardous Wastes and Environmental Injustice in Africa: Nigeria in Focus James Nkum, King; Beida, Julius Onivehu
Administrative and Environtmental Law Review Vol 5 No 2 (2024)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/aelr.v5i2.3489

Abstract

This paper discusses the importance of hazardous waste management in Africa, due to high importation of scrap computers and electronic devices. Improper waste management can lead to public health hazards like birth deficiencies, cancers, and infectious diseases. International environmental law's main function is not just to protect and preserve nature and the environment, but to manage waste on a global scale. The Basel Convention was established in the early 1990s seeks to address trans-boundary waste movements, focusing on hazardous waste. However, the trans-boundary movement of all waste, not just hazardous waste, remains a societal challenge globally. This paper critically analyzes the Bamako Convention, highlighting research trends, policy coherence, and sustainability implications. Using the doctrinal or library based research method, the paper found that recent incidents involving the trans-boundary movement of hazardous wastes on the African continent highlight the inadequacies and ineffectiveness of international law in solving this problem. The Bamako Convention's shortcomings are conspicuous, and the ban on trans-boundary movement of hazardous wastes is only one dimension of the bigger problem faced by African countries. The paper therefore recommends additional measures, such as strong laws and policies, mass education, virile civil society, source reduction, recycling, and landfill options. The paper also emphasizes the need for wealth creation, economic sustainability, and energy recovery in hazardous waste management.
Overlapping Land Conflicts: Effective Alternative Dispute Resolution Methods for License to Open State Land Rahmatika, Nur Auliya; Herlindah , Herlindah; Hadiyantina, Shinta
Administrative and Environtmental Law Review Vol 5 No 2 (2024)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/aelr.v5i2.4002

Abstract

This research focuses on an ideal model of mediation implementation that may be applicable as a strategy to increase the success of litigation on the License to Open State Land (LOSL). The research method is normative juridical research with a statutory and conceptual approach, using futuristic interpretation. As a regional government administrator, the Balikpapan Municipality Government has the authority to manage its own land sector. One of these authorities is realized through the implementation of the LOSL, which is organized through the Land and Spatial Planning Agency and the sub-district of Balikpapan Municipality. The implementation of the LOSL program within Balikpapan Municipality is inevitable due to the probability of disputes or disagreements. In accordance with this, the Balikpapan Municipality Regulation of LOSL and the Regulation of LOSL Implementation allow for the possibility of resolving LOSL disputes through mediation and/or litigation. Furthermore, although the settlement of LOSL disputes is expected to be resolved through mediation, its success rate has decreased since 2021. One constraining factor is the parties' low level of trust in the government. As a result, based on the above research, three ideal mediation models can be implemented to improve LOSL dispute resolution. These models are assumed to be a solution to the decreasing success rate of LOSL dispute resolution in Balikpapan Municipality. They are considered to increase society's trust in mediation as an inexpensive, fast, and simple alternative dispute resolution.

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