International Journal of Law, Environment, and Natural Resources
International Journal of Law, Environment and Natural Resources (INJURLENS) ISSN 2828-9137 (Print) 2776-4974 (Online) is an international, scholarly open access journal on the topic of law, environment, and natural resources. It publishes reviews and regular research papers and there is no restriction on the length of the papers. Our aim is to encourage scientists to publish their research in as much detail as possible, whether theoretical, empirical, or experimental. INJURLENS follows the Committee on Publication Ethics (COPE). Scholar Center takes the responsibility to enforce a rigorous peer-review together with strict ethical policies and standards to ensure adding high-quality scientific works to the field of scholarly publication. Unfortunately, cases of plagiarism, data falsification, inappropriate authorship credit, and the like, do arise. We take such publishing ethics issues very seriously and our editors are trained to proceed in such cases with a zero-tolerance policy. To verify the originality of content submitted to our journals, we use Turnitin and iThenticate to check submissions against previous publications. Subject Areas Jurisprudence, Legal Theory, Philosophy of Law Criminal Law and Criminal Justice System Economic and Business Law Constitutional and Administrative Law Comparative Legal System Alternative Dispute Resolution Environmental Policy and Management Natural Resources Mineral And Geo-Resources Land And Ecological Resources Plant And Animal Resources Water Resources Energy Resources Food And Bio-Resources Resource Conservation, Reuse, And Recycling Sustainable Resource Management Resource Governance And Policy Circular Economy
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Juridical Analysis Of The Legal Standing Of Sharia Financial Institutions – Cash Waqf Recipients Of Sharia Banks Post-Establishment Of Indonesian Sharia Bank
Hidayatullah Hidayatullah;
Muhammad Aini;
Nasrullah Nasrullah
International Journal of Law, Environment, and Natural Resources Vol. 2 No. 2 (2022): October Issue
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DOI: 10.51749/injurlens.v2i2.23
The selection of Sharia banks in accepting cash waqf is because in general Sharia banking has several advantages being expected for optimizing the operations of the cash waqf. However, since the election of Sharia banks in accepting cash waqf, in general, Sharia banking has several advantages which expected for optimizing the operations of the cash waqf. On the one hand, the merger raises questions regarding the legal standing and system of cash waqf Recipient by the Sharia banks themselves as Sharia Financial Institutions-Cash Waqf Recipient (SFI-CWR), which used to stand separately and are now incorporated in one management. This study aims to provide an overview of the legal standing and management system of the SFI-CWR of the Sharia banks post-establishment of Indonesian Sharia Bank which is a combination of the SFI-CWR of sharia banks. This research is a normative legal research, in which the data are secondary data sourced from laws and regulations, books and other references. Analysis method of the data used is content analysis, which analysing the content of the subject matter studied. From this research activity, it will be found how the status, legal standing and management system of SFI-CWR of Sharia Banks after the establishment of ISB.
The Policy Of Preventing And Handling Of Sexual Violence In Universities In Kalimantan
Erlina Erlina;
Tiya Erniyati;
Deva Fadhil Athaya;
Ulfa Khairiani;
Ristia Al Fisah Jannah
International Journal of Law, Environment, and Natural Resources Vol. 2 No. 2 (2022): October Issue
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DOI: 10.51749/injurlens.v2i2.24
This research is a study in the field of Social Humanities and Gender Studies related to the Regulation of the Minister of Education, Culture, Research, and Technology Number 31 of 2021 concerning Prevention and Handling of Sexual Violence in Higher Education, to see how it is implemented at State Universities in Kalimantan. The purpose of this study is to identify and describe the perceptions of leaders of state universities in Kalimantan on the meaning of the Ministerial Regulation on the Prevention and Handling of Sexual Violence in Higher Education and the patterns used in its implementation; besides that, it is also to analyze the achievements and obstacles in the implementation of prevention and handling of sexual violence in universities in Kalimantan. This study uses a socio-legal research method with an interdisciplinary approach between normative research aspects through the study of legislation related to the theme of the study and a sociological approach to explore problems, perceptions and follow-up actions taken by the leadership of the leading State Universities in Kalimantan, such as Lambung Mangkurat University, Tanjung Pura University, Mulawarman University, Palangkaraya University and Borneo Tarakan University after the issuance of the Ministerial Regulation related to the prevention and handling of Sexual Violence in Higher Education.
Consumer Financing Dispute Settlement Patterns During the Covid-19 Pandemic in Wetland Environments
Zakiyah Zakiyah;
Diana Rahmawati;
Nur Mohammad Kasim;
Muhammad Aulia Rahmady;
Muhammad Azhari Rahman
International Journal of Law, Environment, and Natural Resources Vol. 2 No. 2 (2022): October Issue
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DOI: 10.51749/injurlens.v2i2.27
The pandemic Covid it had an impact on all economic sectors which had an impact on the smooth running of consumers in paying consumer financing installments, which led to consumer financing disputes. The people of South Kalimantan who live in a wetland environment have local wisdom in resolving disputes with Adat Badamai tradition. This study aims to find patterns of dispute resolution between consumers and finance companies during the covid 19 pandemic and to analyze whether local wisdom in the wetland environment, namely the Bahamian custom is reflected in the settlement of consumer financing disputes. The research method used is empirical legal research supported by library research. (library research), is prescriptive analytics, it is hoped that a comprehensive, in-depth and systematic picture will be obtained. This research was conducted in South Kalimantan Province. The results showed (1). consumer financing dispute settlement patterns prioritize settlements outside the court (non-litigation), namely by internal company settlements; use third party services; through the Consumer Dispute Resolution Body, if an amicable agreement is not reached, as a last resort, a court settlement (litigation) is taken. (2). Dispute Resolution Financing companies in South Kalimantan have implemented the customary value of Adat Badamai in the settlement of consumer financing disputes. In the Banjar community, if there is a dispute, they tend to choose to settle it peacefully, meaning that there is no need for the settlement to go to court. Adat Badamai tradition is quite effective and plays a role in creating security and peace among the disputing community members.
The Practice of Political Dynasty and Kinship in Local Government of Hulu Sungai Utara District
Malta Ra Anisa Agustin;
Lia Handayani;
Novia Ulfah Haika;
Julia Putri Herdati;
Muzahid Akbar Hayat
International Journal of Law, Environment, and Natural Resources Vol. 2 No. 2 (2022): October Issue
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DOI: 10.51749/injurlens.v2i2.29
The practice of political dynasty has been detected in many local elections in Indonesia. This political condition may have a connection with the failure of democratization implemented in Indonesia during the Reformation era. To delve into this issue, the researchers conducted descriptive qualitative research regarding political dynasty and kinship in one of the districts in Indonesia, Hulu Sungai Utara. The researchers used Gramsci’s framework of hegemony to investigate the way political dynasty and kinship is constructed and perpetuated in Hulu Sungai Utara district. The researchers also utilized several media including print and digital media as the secondary data of this study. In the analysis of the data, the researchers discovered two ways of incumbent to perpetuate and monopolize local electoral system. Here, Abdul Wahid HK and Almien Ashar Safari (The regent and the Chief of the Provincial Legislatives Council of Hulu Sungai Utara) appear to have operated two types of power, that is soft and hard power to perpetuate their political dynasty in Hulu Sungai Utara.
Recadoration of Political Parties Preparation of General Elections in the Perspective of Caderization Theory
Mardiana Mardiana;
Mugeni Murdian Hasyim;
Abdul Rasyid Ridha;
M. Reza Fahlevi;
Muzahid Akbar Hayat
International Journal of Law, Environment, and Natural Resources Vol. 2 No. 2 (2022): October Issue
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DOI: 10.51749/injurlens.v2i2.31
Examine the cadre formation of political parties in preparation for general elections in the perspective of cadre theory.This study aims to how is the dynamics of cadre formation of political parties in Indonesia and what is the effect of cadre formation of political parties on the progress of the country through elections in the perspective of cadre formation. This research is a type of qualitative research, the nature of prescriptive research. The results of this study indicate that improving the quality of regeneration is a must in solving various problems within the organization. The need to increase the cadre mechanism in accommodating the cadre of existing political parties in Indonesia for political parties as a forum for cadres and forerunners of power holders in the executive and legislative.
The General Election Commission Strategy Through Election Education in Increasing the Political Participation of Beginners Voters Based on Democracy Principles
Rully Sari Soleha;
Urip Widodo;
Erna Sophia;
Nisa Rahimia;
Muzahid Akbar Hayat
International Journal of Law, Environment, and Natural Resources Vol. 2 No. 2 (2022): October Issue
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DOI: 10.51749/injurlens.v2i2.32
This study aims to examine the General Election Commission’s strategy through election education in increasing the political participation of new voters based on democratic principles. This research is a qualitative research. The results of this study indicate that novice voters basically need political education regarding elections held by the General Elections Commission. The condition of beginner voters who are still vulnerable to negative politics is certainly an obstacle to the progress of democracy in Indonesia. With political education for novice voters, of course the expected results at the upcoming democratic party in 2024 are increasing awareness of young voters.
The Legal Consciousness and Social Impacts of the Change in the Minimum Age for Marriage in the Indonesian Marriage Act: The Experience of Hulu Sungai Tengah, Kalimantan Selatan
Tavinayati Tavinayati;
Varinia Pura Damaiyanti;
Lena Hanifah;
Ayesha Wijayalath;
Trisna Putri;
Galuh Fitria Rizqyandhanita
International Journal of Law, Environment, and Natural Resources Vol. 2 No. 2 (2022): October Issue
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DOI: 10.51749/injurlens.v3i1.35
Child marriage is still a controversial and big challenge that Indonesia has always faced, with Kalimantan Selatan as one of the Big Five Provinces with the highest number of child marriages. The Indonesian government has taken various preventive steps, one of which is revising the age limit for brides from 16 to 19 years old, enacted right before Covid-19 hit the country. However, the revision still begs questions about whether the age limit is practical due to the highest number of unregistered marriages, especially during the pandemic. This study employed the Qualitative method with a Socio-Legal approach and found that the perception and legal consciousness of the respondents were undisputed towards child marriage and disregarded the age limit and the pandemic situation.
The Principle of Nebis In Idem in Settlement of Civil Cases in Indonesia
Nahdhah, Nahdhah
International Journal of Law, Environment, and Natural Resources Vol. 2 No. 2 (2022): October Issue
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DOI: 10.51749/injurlens.v2i2.39
The principle of Nebis in Idem in its application in Indonesia is a fundamental principle because it is related to the requirements of a case claim which this principle can determine whether or not a case may be tried. The mutual lawsuit that was carried out between MS GLOW and PS GLOW is fascinating because there are allegations of filing the same case. The method used in this research is normative research with a case approach based on Medan and Surabaya court decisions. The results of this study are the application of the Nebis In Idem Principle in Indonesia, especially in the MS Glow and PS Glow; in this case, the Medan Commercial Court has yet to decide on the same case. Therefore, the principle of nebis in idem did not apply in this case when it was taken to the Surabaya Commercial Court because the elements in the demands of Article 1917 of the Civil Code were not fulfilled. The legal consequence of the Nebis in Idem principle's enactment is that cases included in these conditions cannot be reclaimed, and these conditions apply cumulatively.
Consumer Financing Dispute Settlement Patterns During the Covid-19 Pandemic in Wetland Environments
Zakiyah Zakiyah;
Diana Rahmawati;
Nur Mohammad Kasim;
Muhammad Aulia Rahmady;
Muhammad Azhari Rahman
International Journal of Law, Environment, and Natural Resources Vol. 2 No. 2 (2022): October Issue
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DOI: 10.51749/injurlens.v2i2.43
The pandemic Covid it had an impact on all economic sectors which had an impact on the smooth running of consumers in paying consumer financing installments, which led to consumer financing disputes. The people of South Kalimantan who live in a wetland environment have local wisdom in resolving disputes with Adat Badamai tradition. This study aims to find patterns of dispute resolution between consumers and finance companies during the covid 19 pandemic and to analyze whether local wisdom in the wetland environment, namely the Bahamian custom is reflected in the settlement of consumer financing disputes. The research method used is empirical legal research supported by library research. (library research), is prescriptive analytics, it is hoped that a comprehensive, in-depth and systematic picture will be obtained. This research was conducted in South Kalimantan Province. The results showed (1). consumer financing dispute settlement patterns prioritize settlements outside the court (non-litigation), namely by internal company settlements; use third party services; through the Consumer Dispute Resolution Body, if an amicable agreement is not reached, as a last resort, a court settlement (litigation) is taken. (2). Dispute Resolution Financing companies in South Kalimantan have implemented the customary value of Adat Badamai in the settlement of consumer financing disputes. In the Banjar community, if there is a dispute, they tend to choose to settle it peacefully, meaning that there is no need for the settlement to go to court. Adat Badamai tradition is quite effective and plays a role in creating security and peace among the disputing community members.
Criminal Actions Against People Exploiting Children In Accordance To Indonesian Criminal Law
M. Junaeddy;
Budi Parmono;
Hanafi Arief
International Journal of Law, Environment, and Natural Resources Vol. 2 No. 2 (2022): October Issue
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DOI: 10.51749/injurlens.v2i2.47
Exploitation of children is now more widespread, not carried out by families but also by small to large institutional groups. The perpetrators are sometimes the parents themselves with the intention of making a profit. The purpose of this study is to describe the position of children in Indonesian criminal law and to analyze criminal sanctions for child exploitation. As normative legal research, this study examines laws and regulations related to child exploitation and criminal sanctions. Research results: Article 45 of the Criminal Code defines a child as an immature person if he is not yet 16 years old. Criminal law has positioned children as legal subjects who must protect themselves and their interests as well as the special rights of the state. Economic, social and sexual exploitation of children with the intention of benefiting oneself or others is a criminal act. Criminal sanctions for those who commit, order to do, and those who participate in committing the act; give or promise something by abusing power or dignity, by violence, threats or misdirection, or by giving opportunities, means or information, encouraging other people to take action; intercourse (not the wife) is punishable by imprisonment for a maximum of nine years