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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 80 Documents
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Legal Reform on Rock Mining Governance: the Dual Liability Model For Protecting Environmental Rights in Palu–Donggala Rosdian Rosdian; Sulbadana Sulbadana; Agus Lanini; Suardi Suardi; Supriyadi Supriyadi
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.v6i2.4472

Abstract

Addresses the urgent need for a legal framework to regulate rock mining in the geologically fragile Palu–Donggala coastal region, where exploitation often conflicts with the constitutional Right to a Good and Healthy Environment (Article 28H of the 1945 Constitution). It examines the failure of local governments to fulfill their obligation to protect citizens’ rights and the ineffectiveness of existing sanctions. Using a normative legal (juridical-normative) method with constitutional, progressive human rights, and conceptual approaches, the research analyzes ius constitutum and ius constituendum through doctrinal interpretation. The research formulates the Dual Liability Model, which holds corporations financially accountable for ecological losses and local governments legally responsible for rights violations. This model promotes the use of Environmental Carrying Capacity (ECC) as an absolute veto in licensing, ensuring stronger environmental governance and effective restoration of citizens’ rights in disaster-prone regions..
The Urgency of Precautionary Principle in EIA Following the Enactment Omnibus Law on Job Creation Ramlan Ramlan; Tri Hardyanthi; Suhermi Suhermi; Sasmiar Sasmiar; Mardhatillah Mardhatillah
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.v6i2.4580

Abstract

Environmental Impact Assessment (EIA) serves as a legal instrument to evaluate the major effects of proposed businesses or activities and implement preventive measures to mitigate potential environmental impacts. Beyond being a prerequisite for environmental permits, EIA provides decision-makers with a basis for approval while incorporating the precautionary principle. Following the enactment of Law No. 6 of 2023, which formalizes Government Regulation in Lieu of Law No. 2 of 2022 on Job Creation, the precautionary principle is applied only to high-risk activities, limiting its broader role in environmental protection. This study employs a normative juridical approach to assess whether current Indonesian legislation aligns with environmental law principles. Findings indicate that post-Job Creation Law, the precautionary principle is restricted to activities with significant risks and uncertain scientific outcomes, highlighting the need for its wider application across all business activities to support sustainable development that balances economic, ecological, and socio-cultural interests.
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.
Capitalization and Commercialization of Accreditation in the Higher Education Services Industry Firdaus Firdaus; Ferry Fathurokhman; Zulkarnain Ridlwan; Abdul Rahman Abdul Latip; Muh Farhan Arfandy
Administrative and Environtmental Law Review Vol 7 No 2 (2026)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/aelr.v7i2.4626

Abstract

This article critically examines the capitalization and commercialization of higher education accreditation in Indonesia. It argues that the transfer of accreditation responsibilities to Independent Accreditation Agencies (LAMs) has shifted quality assurance from a constitutional public function toward a market-oriented model. Using normative legal research with a comparative approach, the study analyzes the implications of Law No. 20 of 2003 and Law No. 12 of 2012 for the state's constitutional responsibility to guarantee the right to education. It finds that the current regulatory framework weakens state accountability and increases the financial burden on higher education institutions through accreditation fees, costs that may ultimately be passed on to students, thereby limiting equitable access to quality education. This approach contrasts with the accreditation systems in Malaysia, Thailand, Vietnam, and Singapore, where quality assurance is primarily funded by the state as a public responsibility. The article concludes that Indonesia should restore accreditation as a transparent, non-profit, and publicly financed quality assurance mechanism to strengthen the state's constitutional obligation to provide equitable and accessible higher education.
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.
State Responsibility for Climate-Harmful Development: China's Governance Gap in Coal Policy Implementation Yordan Gunawan; Safira Ayu Tri Ariyani; M. Fabian Akbar; Manuel Beltrán Genovés
Administrative and Environtmental Law Review Vol 7 No 2 (2026)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/aelr.v7i2.5189

Abstract

China's continued expansion of coal projects has intensified tensions between national development priorities and international climate commitments. Although China has pledged to mitigate climate change under the UNFCCC and the Paris Agreement, the persistence of coal-based development raises important questions regarding the implementation of these commitments through domestic governance. This study examines China's coal policy from the perspective of state responsibility under international environmental law, focusing on the principles of no-harm, due diligence, precaution, and the normative framework of the Paris Agreement. Using a normative legal research approach, the study analyzes the relationship between international legal obligations and domestic policy implementation. The findings show that the principal challenge lies not in the absence of international legal standards but in the governance gap between central climate commitments and provincial implementation of coal policies, resulting in inconsistent enforcement of environmental obligations.

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