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H.S. Tisnanta
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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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Omnibus Law In The Dynamics Of Constitutional Law: A Comparative Research Of Indonesia, The United States, The Philippines, And Canada Kaharuddin, Kaharuddin; Karunia, Dinar; Moechthar, Oemar; Maria Frisa Katherina, Ave
Administrative and Environtmental Law Review Vol 6 No 1 (2025)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/aelr.v6i1.4054

Abstract

The omnibus law is a legislative technique designed to streamline regulations by consolidating diverse legal norms into a single statute. In Indonesia, this method has been adopted through the Job Creation Law to enhance legislative efficiency and stimulate economic growth. However, its implementation has raised concerns regarding constitutional democracy, public participation, and adherence to the rule of law as articulated in the 1945 Constitution. This article explores the tension between regulatory efficiency and democratic principles within Indonesia’s constitutional framework. Key issues include limited public engagement, potential infringements of constitutional rights, and the erosion of checks and balances in the legislative process. Using a normative and comparative approach, the research concludes that while the omnibus law offers potential for regulatory reform, its application must be grounded in democratic values, transparency, and social justice to uphold the rule of law.
The State’s Right to Control and Local Government Authority in the Mining Sector: A Legal-Policy Research Ananda, Adhe Ismail; Dedihasriadi, La Ode; Haerani, Yeni
Administrative and Environtmental Law Review Vol 6 No 1 (2025)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/aelr.v6i1.4079

Abstract

The management the mining sector is under the state’s authority as mandated by the Indonesian Constitution. The principle of Hak Menguasai Negara (State’s Right to Control) grants the state comprehensive authority over mining activities, including policy-making, licensing, and supervision. However, decentralization policies have shifted the balance of power between central and regional governments. This paper analyzes the legal and policy frameworks governing this division of authority, focusing on the role of local governments. Employing normative legal research through the examination of statutes and legal principles, the research finds that the centralization of mining permits under Law No. 3 of 2020 has significantly diminished local governments’ authority, resulting in governance inefficiencies and economic imbalances. The paper further explores asymmetric decentralization as a potential approach to harmonize state control with meaningful local government participation.
A Pancasila Perspective On The Clarity Of Legal Formulation Regarding The Single Bar Advocate Organization In Indonesia Selly, Grees; Ridwan, Ridwan; Setiawan, Arief
Administrative and Environtmental Law Review Vol 6 No 1 (2025)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/aelr.v6i1.4113

Abstract

The ongoing debate over the single bar system for advocate organizations in Indonesia, which remains unresolved in the Draft Law on Amendments to the Advocate Law. Using a normative juridical method with philosophical, comparative, and conceptual approaches, the research analyzes the single bar concept through the lens of Pancasila as the foundation of the rule of law and legal objectives. Findings reveal legal uncertainty and disharmony in implementing the single bar model. While a single bar can strengthen advocates’ roles through standardized ethics and competence, challenges include resistance from existing organizations, maintaining advocate independence, and defining state supervisory roles. The research argues for inclusive, transformative regulations aligned with Pancasila values to balance professionalism and freedom within the legal profession. It concludes that responsive legal politics is essential to clarify the single bar framework in the Advocate Law revision..
Challenges in Indonesian Environmental Law Enforcement: Handling Individual Culpa Mistake (Negligence) Cases Mulyono, Andreas Tedy; Sudargo, Evelina
Administrative and Environtmental Law Review Vol 6 No 1 (2025)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/aelr.v6i1.3903

Abstract

This article examines the shortcomings of environmental law enforcement in Indonesia concerning culpa (negligence) by individual offenders. Criminal sanctions in such cases often produce superficial “greenwashing” verdicts, where penalties appear strict yet fail to deliver substantive justice or environmental restoration. Although based on ecological damage assessments, these calculations rarely serve a practical function, as proving negligence becomes secondary and compensation remains unused. As a result, rulings reveal a disconnect between environmental harm and sanctions imposed, with imprisonment and fines disproportionately burdening negligent individuals while offering little ecological benefit. Using a normative juridical approach combining statutory, conceptual, and case analyses, this study finds that the system fosters inefficiency, with costly assessments underutilized and appeals largely abandoned, leaving clemency as the only viable remedy. It argues that community service sanctions focused on ecological rehabilitation would provide a fairer, more feasible, and future-oriented alternative that aligns accountability with environmental recovery.
Overlapping Authorities In Maritime Law Enforcement: A Case Study Of Ternate City Mufti, Ahmad; Malik, Faissal; Fathurrahim, Fathurrahim
Administrative and Environtmental Law Review Vol 6 No 2 (2025)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/aelr.v6i2.4192

Abstract

The extensive legal framework governing maritime law enforcement in Indonesia has inadvertently created a proliferation of institutions with overlapping authorities and divergent jurisdictional interpretations, resulting in institutional silos that undermine coordinated operations and reduce enforcement effectiveness. Focusing on Ternate City’s waters, this research uses empirical legal research and descriptive qualitative analysis to examine these challenges and their implications, including the risk of inter-agency disputes and strained cooperation. It finds that six agencies—the Indonesian Navy, Bakamla, KPLP, the Directorate General of Customs and Excise, Polair, and PSDKP—exercise jurisdiction in the same maritime zones, generating complexity and confusion among stakeholders. Without clear coordination, enforcement becomes inefficient and potentially compromises national maritime security and economic interests. Therefore, a comprehensive strategy to harmonize mandates and strengthen inter-agency coordination is essential to ensure effective and cohesive law enforcement across Indonesian waters..
Reconstructing the Environmental Licensing Law Based on Ecological Justice Muchsin, Achmad; Handayani, I Gusti Ayu Ketut Rachmi; Wartini, Sri; Arifin, Ridwan
Administrative and Environtmental Law Review Vol 6 No 2 (2025)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/aelr.v6i2.4222

Abstract

This research examines the legal implications of changing the nomenclature from “environmental permits” to “environmental approvals” in Indonesia’s environmental licensing law. Moving beyond a conventional public law focus, it highlights the role of private law instruments in advancing climate change mitigation and adaptation. The core question addressed is whether this terminological shift aligns with the principles of ecological justice and how environmental licensing law should be reconstructed to uphold these values. Using a doctrinal legal research method, the analysis integrates statutory, conceptual, and philosophical perspectives, employing techniques of interpretation and construction. The findings indicate that while certain reforms under the Job Creation Law support ecological justice, others undermine it. The research concludes that the current framework requires comprehensive reconstruction to more effectively embody ecological justice and strengthen climate action.
Integration of Absolute Authority of District Courts and State Administrative Courts in Land Disputes through Koneksitas Courts Yuherman, Yuherman; Nugroho, Wahyu; Nuriyatman, Eko; Abd Aziz, Hartinie
Administrative and Environtmental Law Review Vol 6 No 1 (2025)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/aelr.v6i1.4223

Abstract

Land disputes in Indonesia often encounter legal uncertainty due to the rigid separation of judicial authority between district courts, which adjudicate ownership disputes, and state administrative courts (PTUN), which review the legality of land ownership certificates. This jurisdictional divide frequently leads to inconsistent or contradictory rulings over the same land, reflecting a systemic challenge in the Indonesian judicial system. This research examines mechanisms to overcome the impasse of absolute competence between the two courts, focusing on the development of a connectivity court model that integrates their functions. Employing a normative legal method with a statutory approach, the study proposes the modification of procedural law to establish a connectivity court that enables joint adjudication of civil ownership and administrative certificate disputes. Such a mechanism not only ensures legal certainty and coherence in decisions but also promotes justice that is simple, efficient, and affordable, while optimizing existing judicial infrastructure and avoiding the complexities and costs associated with creating a specialized agrarian court.
Comparative Analysis of Environmental Permitting in Indonesia and Malaysia: Implications for National Strategic Projects Fathoni, Fathoni; Febrian, Febrian; Muntaqo, Firman; Nizar, Mohammad
Administrative and Environtmental Law Review Vol 6 No 1 (2025)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/aelr.v6i1.4360

Abstract

This manuscript presents a comparative analysis of environmental permitting frameworks in Indonesia and Malaysia, specifically focusing on their application to large-scale development initiatives, particularly National Strategic Projects (PSN) . As developing economies, both nations grapple with the imperative of balancing economic growth with environmental sustainability. This study employs a comparative juridical–normative approach, drawing on statutory frameworks, secondary literature, and policy documents from Indonesia and Malaysia. Additionally, this study examines the legal and procedural aspects of environmental impact assessment [Analisis Mengenai Dampak Lingkungan (AMDAL) in Indonesia and Environmental Impact Assessment (EIA) in Malaysia], highlighting key similarities and differences in their approaches. While both countries possess established legislative frameworks for environmental protection, Indonesia’s accelerated permitting for the PSN, commonly facilitated by the Online Single Submission system, has drawn criticism for potentially compromising environmental safeguards and exacerbating social and environmental conflicts. Conversely, Malaysia relies on its more standardized EIA process for major projects, although it faces challenges in ensuring effective enforcement and public participation. The analysis demonstrates that despite distinct regulatory evolutions and implementation strategies, both nations share common struggles in mitigating the adverse environmental and social consequences of rapid development. The findings underscore the urgent need to strengthen environmental governance, enhance transparency, and promote meaningful stakeholder engagement to foster genuinely sustainable development pathways in Indonesia and Malaysia.

Page 7 of 7 | Total Record : 68

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