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INDONESIA
Indonesian Journal of Environmental Law and Sustainable Development
Published by Universitas Negeri Semarang
ISSN : 28299582     EISSN : 28299590     DOI : https://doi.org/10.15294/ijel
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
The Journal is intended to publish original and full-length articles that reflect the latest research and developments in both theoretical and practical aspects of Environment, Economic and Society with Sustainability in the multidisciplinary perspective including law, politics, ecology, and other related topics whether in the Indonesian context or Global perspective.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 30 Documents
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Laws Concerning Mineral and Coal Mining on Community Welfare from an Environmental Ethics Perspective Taqiyaah, Adzraa; Hidayat, Arif
Indonesian Journal of Environmental Law and Sustainable Development Vol 2 No 2 (2023): July-December, 2023
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijel.v2i2.70333

Abstract

This study delves into the legal frameworks governing mineral and coal mining operations, focusing on their implications for community welfare through the prism of environmental ethics. Through qualitative research methods with a normative juridical approach, this research scrutinizes the transition from Law Number 4 of 2009 to Law Number 3 of 2020 and evaluates the juridical ramifications of the latter on societal well-being. Drawing on data from library research, legal document analysis, and stakeholder interviews, including perspectives from entities such as Jatam and PT Selo Argodedali, the study offers insights into divergent opinions regarding the efficacy of the legislative revisions. Findings indicate discord between mining entities and communities, with the former advocating for regulatory revisions while the latter perceive losses due to mining activities. Moreover, the study critiques the 2020 Minerba Law for its perceived neglect of environmental ethics, prioritizing exploitative practices over environmental preservation. Ultimately, this research underscores the imperative for legal policies to uphold community welfare in harmony with environmental ethics, as mandated by constitutional provisions.
Ponorogo Regency Green Open Space Analysis of Law Number 27 of 2007 concerning Spatial Planning Arimurti, Danang Johar; Najicha, Fatma Ulfatun
Indonesian Journal of Environmental Law and Sustainable Development Vol 2 No 2 (2023): July-December, 2023
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijel.v2i2.70662

Abstract

One of the uses of space stated in Law Number 26 of 2007 concerning Spatial Planning is Green Open Space (RTH). This law requires that each district/city have a green open space area of at least 30% of the entire regional area. Ponorogo Regency is one of the districts in East Java Province which has an area of 137,178 Ha. This research will discuss the suitability of the green open space owned by Ponorogo Regency to Law Number 26 of 2007 concerning spatial planning and the potential for developing green open space in the Ponorogo Regency area. This article uses normative research methods with a positive legal approach and an approach using statistical data. The result is that Ponorogo Regency has not yet reached the minimum green open space limit of 30% because it is still at 19%. However, Ponorogo Regency has ambitions with the existence of Regional Regulation Number 1 of 2012 concerning RTRW 2012-2032 which states that the minimum limit of 30% RTH will be achieved in 2032. For the potential for developing RTH areas, Ponorogo Regency has three places, namely roads, river routes and mining areas.
Development of the National Food System through Digitalization and Downstreaming to Strengthen National Food Security Fikri, Muhammad Adymas Hikal; Novita, Yustina Dhian; Gusthomi, Moh. Imam
Indonesian Journal of Environmental Law and Sustainable Development Vol 2 No 2 (2023): July-December, 2023
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijel.v2i2.76637

Abstract

Geopolitical tensions in countries have triggered uncertainty in global financial, resulting in inflationary which could to global energy and food crisis, including for Indonesia. This condition must addressed with appropriate policies , one of which is the development of a digitalization and agricultural downstream system. This article used the qualitative description method, the objective of the article is presented in comprehensive manner regarding the overview of food security in Indonesia, urgency and implementation digitalization and downstream-agriculture. In-2022, Indonesia's food security index will experience decline from the previous year. This decrease was caused mainly due to decrease in food quality and safety scores.The agricultural digitalization and downstream system allows Indonesian agriculture to be further developed so that farmers gain understanding of the required land use, but the results are satisfactory and the costs are more efficient. Agricultural digitalization interpreted as changing way things are done in aspects of agriculture, from processing to marketing.Meanwhile, downstreaming is carried out by developing agricultural activities to strengthen product processing processes, as well as developing technology in processing industry sector by strengthening the bargaining position of agricultural-based processed products. Digitalization and downstreaming can implemented through digitalization upstream and downstream from production, post-harvest, warehousing, processing, marketing and financing in the food sector through optimizing the role of MSMEs. This is realized by preparing business model digital farming through distribution smart green houseto MSMEs, distribution smart farming to food clusters, distribution of post-harvest processing machines, digitalization of product marketing with start up agriculture, to market digitalization.
Regional Rights, Environmental Wrongs: Unpacking the Paradox of Autonomy in Indonesia's Environmental Governance Sagita, Grandini Dyah; Budi, Ervira Rahmasari
Indonesian Journal of Environmental Law and Sustainable Development Vol 3 No 1 (2024): January-June, 2024
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijel.v3i1.78890

Abstract

This paper delves into the complex interplay between regional autonomy and environmental governance in Indonesia, shedding light on the paradoxical outcomes that arise from decentralized decision-making. It examines how the delegation of power to local authorities has both empowered and challenged efforts to enforce environmental regulations and protect natural resources. Through a comprehensive analysis, the paper elucidates the ways in which regional autonomy has led to divergent approaches to environmental management across Indonesia's diverse regions. While some local governments have demonstrated commendable commitment to environmental conservation, others have prioritized economic interests at the expense of environmental sustainability, leading to widespread degradation and ecological harm. Drawing on case studies and empirical evidence, the paper unpacks the factors contributing to this paradox, including varying levels of institutional capacity, political dynamics, and socio-economic pressures. It highlights instances where regional autonomy has resulted in regulatory loopholes, weak enforcement mechanisms, and conflicts of interest, exacerbating environmental challenges and undermining national conservation efforts. Furthermore, the paper explores potential pathways for reconciling the tension between regional rights and environmental wrongs in Indonesia. It advocates for a holistic approach to environmental governance that integrates principles of subsidiarity with national environmental priorities, fostering collaboration between central and local authorities, and promoting community engagement and empowerment. In conclusion, the paper underscores the imperative of addressing the paradox of autonomy in Indonesia's environmental governance.
License to Pollute? Examining Environmental Permitting under Regional Autonomy in Indonesia Yusuf, Wahyullah Ahmed; Humam, Achmad
Indonesian Journal of Environmental Law and Sustainable Development Vol 3 No 1 (2024): January-June, 2024
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijel.v3i1.78891

Abstract

This paper delves into the intricacies of environmental permitting practices within the context of regional autonomy in Indonesia, scrutinizing whether the granting of permits inadvertently facilitates environmental degradation. It investigates the regulatory frameworks and enforcement mechanisms governing environmental permitting at the local level, shedding light on the potential trade-offs between economic development and environmental protection. Through empirical analysis and case studies, the paper uncovers the realities of environmental permitting under regional autonomy, revealing instances where lax regulations or inadequate enforcement have led to environmentally harmful activities. It examines the challenges faced by local authorities in balancing the need for economic growth with the imperative of environmental sustainability, highlighting the complex dynamics at play. Furthermore, the paper evaluates the effectiveness of existing environmental permitting mechanisms in mitigating pollution and safeguarding natural resources. It identifies gaps in regulatory oversight, shortcomings in monitoring and enforcement, and instances of regulatory capture or corruption that undermine the integrity of the permitting process. In conclusion, the paper underscores the importance of reevaluating environmental permitting practices under regional autonomy to ensure that permits are not inadvertently granting a "license to pollute." It calls for enhanced transparency, accountability, and community participation in the permitting process, alongside strengthened enforcement mechanisms and capacity-building initiatives to uphold environmental standards and promote sustainable development in Indonesia's decentralized governance landscape.
Implementation of Environmental Pollution and Damage Prevention Instruments in Indonesia: Issues and Challenges Alicia, Francisca Rachel
Indonesian Journal of Environmental Law and Sustainable Development Vol 3 No 1 (2024): January-June, 2024
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijel.v3i1.78892

Abstract

This paper delves into the implementation of environmental pollution and damage prevention instruments in Indonesia, highlighting the inherent issues and challenges. It scrutinizes the efficacy of existing measures in curbing environmental degradation and explores the obstacles hindering their successful execution. The findings underscore a myriad of challenges confronting the implementation process, ranging from regulatory gaps and enforcement deficiencies to institutional capacity constraints. Despite the presence of legislation aimed at safeguarding the environment, enforcement mechanisms often fall short due to inadequate resources, corruption, and lack of coordination among relevant stakeholders. Additionally, the complexity of environmental issues, coupled with rapid industrialization and urbanization, exacerbates the challenges faced in mitigating pollution and preserving natural resources. Addressing these challenges necessitates a multi-faceted approach that encompasses legislative reforms, capacity building initiatives, and enhanced collaboration between government agencies, civil society, and the private sector. Strengthening regulatory frameworks, improving monitoring and enforcement mechanisms, and promoting public awareness are crucial steps towards achieving sustainable environmental management in Indonesia. Moreover, integrating environmental considerations into broader policy agendas and fostering international cooperation are vital for addressing cross-border environmental challenges and ensuring long-term environmental sustainability. In conclusion, while Indonesia has made strides in formulating environmental policies, effective implementation remains a pressing issue. By identifying and addressing the challenges impeding the execution of pollution prevention instruments, Indonesia can bolster its environmental governance framework and pave the way for a greener and more sustainable future.
Extrajudicial Dispute Resolution in Handling Environmental Cases in Indonesia (Case Study: River Water Pollution by PT Sugar Labinta in South Lampung) Fauzi, Dzulfikar Ahmad
Indonesian Journal of Environmental Law and Sustainable Development Vol 3 No 1 (2024): January-June, 2024
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijel.v3i1.78893

Abstract

This paper examines extrajudicial dispute resolution mechanisms utilized in addressing environmental cases in Indonesia, with a focus on a specific case involving the alleged pollution of river water by PT Sugar Labinta in South Lampung. It delves into the legal frameworks, stakeholder engagement processes, and outcomes of extrajudicial dispute resolution efforts in environmental matters. Drawing on a case study approach, the paper analyzes the effectiveness and challenges of extrajudicial mechanisms in resolving environmental disputes, particularly in cases of alleged pollution by industrial entities. It explores the roles of various stakeholders, including government agencies, industry representatives, affected communities, and non-governmental organizations, in the resolution process. Furthermore, the paper evaluates the implications of extrajudicial dispute resolution on environmental protection, legal accountability, and community rights. It examines the extent to which such mechanisms contribute to the realization of environmental justice, sustainable development, and corporate responsibility in Indonesia. In conclusion, the paper offers insights into the strengths and limitations of extrajudicial dispute resolution in handling environmental cases, using the PT Sugar Labinta case as a lens. It suggests recommendations for improving the effectiveness and fairness of extrajudicial mechanisms, enhancing transparency, accountability, and community participation in environmental decision-making processes.
Dirty Dollars: Profits Over Planet in Indonesia’s Application of the Polluter Pays Principle Putra, Damar Sinatria
Indonesian Journal of Environmental Law and Sustainable Development Vol 3 No 1 (2024): January-June, 2024
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijel.v3i1.78894

Abstract

This paper critically examines Indonesia's application of the Polluter Pays Principle (PPP), revealing a troubling trend where economic interests often trump environmental responsibility. Through an in-depth analysis of case studies and regulatory frameworks, it exposes instances where corporations prioritize profits at the expense of environmental protection, exploiting regulatory loopholes and evading accountability for pollution. Drawing attention to the inherent tensions between economic development and environmental sustainability, the paper highlights the inadequacies in Indonesia's enforcement of the PPP. It scrutinizes the role of government agencies, industry actors, and civil society in perpetuating this profit-driven paradigm, shedding light on the challenges faced by environmental advocates in holding polluters accountable. Furthermore, the paper interrogates the implications of prioritizing profits over the planet, including the degradation of ecosystems, loss of biodiversity, and adverse impacts on public health and livelihoods. It underscores the urgent need for systemic reforms to align Indonesia's economic agenda with environmental imperatives, promoting a more balanced approach that prioritizes the planet alongside profits. In conclusion, the paper calls for a paradigm shift in Indonesia's application of the PPP, emphasizing the importance of robust regulations, transparent enforcement mechanisms, and corporate accountability measures. It advocates for a holistic approach that integrates environmental considerations into economic decision-making processes, safeguarding Indonesia's natural heritage for future generations while ensuring sustainable development and prosperity.
Central Control vs. Local Liberties: Environmental Stewardship in Indonesia's Power Struggle Turnip, Immanuel Harri; Hasibuan, Marhara
Indonesian Journal of Environmental Law and Sustainable Development Vol 3 No 1 (2024): January-June, 2024
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijel.v3i1.78895

Abstract

This paper confronts the contentious power dynamics between central governance and local autonomy in environmental stewardship within Indonesia. It dissects the tug-of-war between centralized control and regional liberties, unveiling the ramifications for environmental management and protection. Through a critical lens, the paper examines how divergent interpretations of authority have precipitated a power struggle with far-reaching implications. It scrutinizes instances where central dominance has stifled local initiatives, constraining innovative approaches to environmental conservation. Conversely, it analyzes scenarios where unchecked regional autonomy has led to environmental exploitation and neglect. Drawing on empirical evidence and case studies, the paper unveils the multifaceted dimensions of this power struggle, encompassing legal ambiguities, political maneuvering, and socio-economic disparities. It highlights the inherent tensions between national environmental imperatives and regional aspirations for self-governance, fueling a discord that undermines sustainable development objectives. Furthermore, the paper interrogates potential pathways forward amidst this power struggle. It advocates for a recalibration of governance structures that reconcile centralized oversight with localized autonomy, fostering cooperative frameworks that empower regions while safeguarding national environmental interests. In conclusion, the paper underscores the urgency of addressing Indonesia's environmental power struggle. It calls for a nuanced approach that navigates the delicate balance between central control and local liberties, forging a path towards collaborative environmental stewardship that transcends political divides and fosters sustainable development for all Indonesians.
Balancing Risk and Caution: The Precautionary Principle in Indonesian Environmental Law Context Proyogo, Joshua Wijaya
Indonesian Journal of Environmental Law and Sustainable Development Vol 3 No 1 (2024): January-June, 2024
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijel.v3i1.78896

Abstract

This paper explores the application of the precautionary principle within the framework of Indonesian environmental law, emphasizing the delicate balance between risk assessment and precautionary measures. It examines the evolution of the precautionary principle in Indonesian legal discourse and its integration into environmental policy-making and decision-making processes. The analysis sheds light on the challenges and opportunities inherent in applying the precautionary principle within Indonesia's diverse environmental contexts. It highlights instances where precautionary measures have been effectively employed to mitigate environmental risks, while also addressing concerns regarding the potential for regulatory overreach and hindrances to economic development. By delving into case studies and legislative frameworks, this paper provides insights into how the precautionary principle is interpreted and operationalized within Indonesian environmental law. It underscores the importance of incorporating scientific uncertainty and environmental ethics into policy formulation, while also emphasizing the need for flexibility and adaptability in responding to emerging environmental threats. Furthermore, the paper discusses avenues for enhancing the implementation of the precautionary principle in Indonesia, including capacity-building initiatives, stakeholder engagement, and the promotion of interdisciplinary research and collaboration. In conclusion, the paper highlights the significance of striking a balance between risk assessment and precautionary action in Indonesian environmental law. It underscores the importance of a nuanced approach that considers scientific evidence, societal values, and the principles of sustainable development in addressing environmental challenges while fostering economic growth and social welfare.Precautionary Principle

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