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Protection: Journal Of Land And Environmental Law

pjlel
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Published by Indonesia Strategic Sustainability

ISSN : 28304675 EISSN : 2964724X DOI : 10.38142/pjlel

Core Subject : Social,

Environmental Science Law, Crime, Criminology & Criminal Justice

Protection: Journal Of Land And Environmental (PJLEL) Law also uses the LOCKSS system to ensure a secure and permanent archive for the journal. With regard to the interaction between law, sustainability and the environment, the aim is to seek legal protection in aspects of land law, environmental law in Indonesia, human rights over the environment, legal environmental policies, environmental disputes and aspects related to legal protection of law, land and the environment. Protection: Journal of Land And Environmental Law (PJLEL) as a forum for scientific publications for academics and legal practitioners, but must also be proven to be accessible to all other groups who care about the environment, from scientists to environmental planners in Indonesia.

Arjuna Subject : Ilmu Sosial - Hukum

Articles 63 Documents

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Sentana Paperasan's Legal Efforts as a Solution to Overcoming Decisions in Banjar Kutuh, Sayan Village, Ubud District, Gianyar Regency MAHENDRA, I Komang Arya Sentana; WESNA, Putu Ayu Sriasih; UTAMA, I Wayan Kartika Jaya
Protection: Journal Of Land And Environmental Law Vol. 1 No. 3 (2023): Protection: Journal Of Land And Environmental Law. (March – June 2023)
Publisher : Indonesia Strategic Sustainability

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38142/pjlel.v1i3.658

The process of adopting children is not only regulated based on national law, but also regulated according to customary law or often referred to as awig-awig which exists in each traditional village in Bali. In this study, empirical legal research methods will be used which will focus on the discrepancies that occur in accordance with the theory of the reality that occurs in society. The discussion that will be described in this study includes the position and legal protection of sentana extortion in inheritance at Banjar Kutuh, Sayan Village, Ubud District, Gianyar Regency. The position of the custodian of inheritance in Banjar Kutuh, Sayan Village, Ubud District, Gianyar Regency in overcoming the decision, namely in Balinese Customary Law, a child who has undergone the process of extortion ceremony is bound by his family relationship with the adoptive parent accompanied by severance of the relationship with his biological family. Where the relationship of a sentana (adopted child) with his biological parents is erased when they have undergone an extortion ceremony procession. Legal Protection Against Sentana Extortion in Inheritance under Article 832 jo.842 jo. Article 852 (a) of the Civil Code, based on an analysis using the theory of justice and the theory of legal protection, adopted children are included as heirs who inherit based on their own position in the First class in obtaining inheritance rights from their adoptive parents, thereby closing the rights of other heirs.

The Role of Government and Society in Countermeasures and Prevention of Criminal Acts of Terrorism According to Law Number 5 of 2018 SETIYONO, Joko; NABELA, Nadia
Protection: Journal Of Land And Environmental Law Vol. 1 No. 3 (2023): Protection: Journal Of Land And Environmental Law. (March – June 2023)
Publisher : Indonesia Strategic Sustainability

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38142/pjlel.v1i3.660

The criminal act of terrorism is a serious crime and an extraordinary crime which has an adverse impact on the sovereignty of the state and the security of the citizens' livelihood. The responsibility of the state in protecting all citizens is an obligation mandated in the constitution (1945 Constitution). Law Number 5 of 2018 is a legal umbrella in carrying out law enforcement efforts, countermeasures and measures to prevent criminal acts of terrorism. The government plays an active role in taking strategic steps to tackle and prevent criminal acts of terrorism by revising Law no. 15 of 2003 became Law Number 5 of 2018, forming the Special Anti-Terror Special Detachment 88 Task Force, as well as the National Counterterrorism Agency (BNPT). The community also plays an active role in efforts to prevent criminal acts of terrorism by having high awareness of the law, increasing knowledge and awareness of the dangers of terrorism, so that they can carry out early detection of potential terrorism and report things that are considered suspicious in the surrounding environment to the authorities.

Authorities Of The National Land Agency In Settling Land Cases As A Form Of Legal Protection For Land Right Holders Whose Transfer Is Canceled (Study of Supreme Court Decision Number: 3542 K/Pdt/2021) DHARSANA, I Made Pria; BUDIARTA, I Putu Nyoman; WAHYUNINGSIH, Dewa Ayu Trisna
Protection: Journal Of Land And Environmental Law Vol. 1 No. 3 (2023): Protection: Journal Of Land And Environmental Law. (March – June 2023)
Publisher : Indonesia Strategic Sustainability

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38142/pjlel.v1i3.707

Disputes over the transfer of ownership rights to land through the sale and purchase of land that often occur in society are caused by the Indonesian land registration system, which adheres to a hostile system. Certificates of land rights that have been registered have many possibilities for legal defects to arise, and the consequences will cause problems that lead to requests for Cancellation. The problems of this research are, first, what is the authority of the Office of the National Land Agency in resolving land cases, and second, what is the form of legal protection for holders of land rights whose transfers are canceled. This research is a normative law-type research using a statutory and case approach. This study concludes that first, the authority of the National Land Agency Office in settlement of land cases has been regulated in Ministerial Regulation IATR/BPN No. 21I of 2020; IBPN has two alternative land dispute settlements, namely, the first is settlement through the judiciary to obtain a court decision. Second, dispute settlement through mediation seeks a win-win solution, and a peace agreement is drawn up. The second type of legal protection for holders of land rights whose transfer has been canceled, particularly for third parties as holders of ownership rights, can be given to parties whose certificates of ownership are repressively canceled. The aim is to achieve legal clarity, providing legal protection to all parties.

Implementation of the San Remo Manual as a Strategy for the Rule of War in the Indonesian Marine Territory KAMARULAH, Rizki Pratama; PRAKOSO, Lukman Yudho
Protection: Journal Of Land And Environmental Law Vol. 1 No. 3 (2023): Protection: Journal Of Land And Environmental Law. (March – June 2023)
Publisher : Indonesia Strategic Sustainability

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38142/pjlel.v1i3.638

In 1994, a regulation on sea warfare was made, which could be used by countries conducting sea wars. This regulation is called the San Remo Manual, with changes to make various adjustments related to the conduct of war at sea. Indonesia is in an important strategic area both in the sea and air zones, this makes Indonesia a strategic area both regionally and globally. The purpose of this research is to provide practical guidelines for countries in applying international law that applies in times of armed conflict at sea and to find out how the law is applied in Indonesia. This study uses a qualitative method. Qualitative research tries to identify various phenomena ideographically. The theory of development and development can be formed empirically through various phenomena or cases studied. the result of this is to become a guideline for countries in conducting wars at sea, armed conflicts at sea, parties involved in the conflict, actions that are permitted and which are not permitted during conflicts, protection of injured ships and people who are injured or captured, as well as actions taken can be taken by countries outside the conflict.

Community Participation in Indonesia in Preservation and Continuation of Environmental Protection and Management SILAM, Achmad Adi Surya Guntur; KRISTHY, Mutia Evi; SIBOT, Yesieari Silvanny; HALIM, Suriansyah
Protection: Journal Of Land And Environmental Law Vol. 3 No. 3 (2025): Protection: Journal Of Land And Environmental Law (March – June 2025)
Publisher : Indonesia Strategic Sustainability

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38142/pjlel.v1i3.813

The concept of sustainable development, as discussed at the United Nations Conference on the Environment in Stockholm in 1972, focuses on development that considers environmental impacts. It highlights the constitutional mandate in Article 28H of the 1945 Constitution of the Republic of Indonesia, emphasizing the right of every Indonesian citizen to a good and healthy living environment. Despite this constitutional provision, implementing sustainable development has faced challenges and confusion at the policy and regulatory levels. In Indonesia, where forest and land fires are recurrent disasters with severe ecological, economic, and social consequences, the aims underscore the significance of environmental awareness and proactive measures in addressing these issues. It emphasizes the interdependence between human actions and the environment and calls for responsible environmental stewardship. The research method used is legal research, which departs from statutory provisions, namely research on the legal principles of environmental provisions, specifically regarding community participation in environmental management. Overall, this provides insights into the critical role of environmental awareness and sustainable development in ensuring a better future for Indonesia's environment and its citizens, in alignment with constitutional mandates and international principles.

Independent Development Model for Village Land Asset Management In Segara Kodang by Sesetan Village UTAMA, I Wayan Kartika Jaya; WIRYANI , Made
Protection: Journal Of Land And Environmental Law Vol. 1 No. 3 (2023): Protection: Journal Of Land And Environmental Law. (March – June 2023)
Publisher : Indonesia Strategic Sustainability

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38142/pjlel.v1i3.851

Efforts to improve the welfare and independence of Krama Desa Adat through increasing the role of traditional villages are very appropriate, especially in Bali. Based on the Regional Regulation of Bali Province Number 4 of 2019 concerning Customary Villages, Sesetan Traditional Village manages its land assets through the independence of indigenous village communities with the aim of forming a legal forum in the form of providing legal certainty for efforts to develop Small and Medium Enterprises in empowering customary village land assets. Based on the above, the main problems studied in this study can be formulated, namely: How to improve village land management to create multi-management to empower indigenous peoples' businesses to achieve independent customary villages. The method used in this study is the Empirical method. For the Development of Small and Medium Enterprises in the Legality of Land Asset Management, the Village uses the purpose of access reform conceptualized by Tri Hita Karana in managing access reform which aims to prosper indigenous peoples and relieve the community in carrying out these customs. Focusing on empowering access reform with the concept of Tri Hita Karana in preserving the surrounding environment.

Ownership of Land Ownership Rights by Traditional Villages Viewed from Indonesian Law IRIANTORO, Agung; UTAMA, I Wayan Kartika Jaya
Protection: Journal Of Land And Environmental Law Vol. 3 No. 3 (2025): Protection: Journal Of Land And Environmental Law (March – June 2025)
Publisher : Indonesia Strategic Sustainability

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38142/pjlel.v1i3.974

Transfer of land rights and review of Indigenous Villages' position as land rights owners based on Indonesian positive law. This writing includes normative legal research or what is usually called 'library research', namely research by examining secondary materials or data regarding research on legal principles, research on legal systematics, research on the synchronization stages of vertical and horizontal norms, harmonization of law and legal history. The provisions of the transfer of rights to land under the UUPA as a legal act of transfer of land rights are deliberately carried out so that the right is independent of the holder and transferred to another party. Customary villages, as owners of property rights to land reviewed under the law, can be domiciled as legal subjects of land rights owners, usually found through the purchase process or other businesses. However, there is still a potential dispute over efforts to certify customary village land.

Legal Consequences of Polygyny Marriage Based on a Compilation of Islamic Law (Khi) and Laws on Marriage ABDULLAH, Aisudin; WESNA, Putu Ayu Sriasih; UTAMA, I Wayan Kartika Jaya
Protection: Journal Of Land And Environmental Law Vol. 2 No. 1 (2023): Protection: Journal Of Land And Environmental Law. (July – October 2023)
Publisher : Indonesia Strategic Sustainability

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38142/pjlel.v2i1.1019

The author conducted normative legal research by analyzing the consequences of polygynous marriage laws based on Islamic law. What is the focus of this research study? What are the criteria for not being able to carry out obligations and having a physical disability by Islamic Law and the Marriage Law? Moreover, what are the legal consequences of a judge's Decision at the Religious Court on requests for polygynous marriages? In this research, the law-based approach uses a case approach and a sociological approach. The criteria for not being able to carry out an obligation due to a physical disability are as intended in the Marriage Law and Islamic law, namely the inclusion of people with physical disabilities and people with mental disabilities. This is because the type of disability means that someone cannot carry out their obligations as husband or wife or by the provisions of marriage, especially people with physical disabilities. Related to people with physical disabilities, namely impaired movement functions such as amputated organs, paralysis, paraplegia, cerebral palsy, stroke, leprosy and others, which result in the inability to fulfill obligations by a person as a husband or wife as a basis for fulfilling physical and spiritual needs.

Effectiveness of Implementing Complete Systematic Land Registration on Village Lands in Singakerta Village, Gianyar District MATARAM, I Gede Arie; SUKANDIA, I Nyoman; UTAMA, I Wayan Kartika Jaya
Protection: Journal Of Land And Environmental Law Vol. 2 No. 1 (2023): Protection: Journal Of Land And Environmental Law. (July – October 2023)
Publisher : Indonesia Strategic Sustainability

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38142/pjlel.v2i1.1020

The existence of customary land cannot be separated from the existence of a Traditional Village, for example, in Bali Province, where a Traditional Village has the right to own land called Druwe Village. The existence of Druwe Village has a starting point that is measured by the existence of traditional villages. Land has become an elemental philosophy, with the term Pateman, which is an element that creates a balanced life that is related to the continuity of environmental life. In this research, the discussion is about the effectiveness of carrying out village land registration through a complete system land registration (PTSL) program in Singakerta Village, which is located in Gianyar Regency and the rights and obligations of all traditional village members who live/occupy the land. Carried out from generation to generation after the village yard land (PKD) is registered. This research uses research conducted empirically. The Government's ongoing efforts to carry out land registration in regions in Indonesia, namely in the Singakerta Traditional Village, include carrying out improvements and implementing regulations so that they are perfect for the regulations that have been issued. About the issuance of a Land Certificate in the name of an individual or an individual regarding Tri Hita Karana objects, one of which is tebe/telajakan land, by submitting a personal land registration application using personal fees and if the budget year is for an object that is not designated by the systematic land registration object complete (PTSL).

Reform on Death Crime in Law Number 1 of 2023 PRATIWI, I Gusti Agung Istri Ranya Astri; BAGIASTRA, I Nyoman
Protection: Journal Of Land And Environmental Law Vol. 2 No. 1 (2023): Protection: Journal Of Land And Environmental Law. (July – October 2023)
Publisher : Indonesia Strategic Sustainability

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38142/pjlel.v2i1.1058

This article aims to analyze, investigate, and understand the reform of the death penalty in Indonesia based on Law Number 1 of 2023, as well as a comparison of the death penalty between China and Indonesia. In this article, the authors use normative legal research methods with a statutory approach. The research results show that the death penalty in Indonesia was initially a primary crime but after the enactment of Law Number 1 of 2023, better known as the New Criminal Code, the death penalty was changed to an alternative crime. This is stated in Article 100 of the New Criminal Code, and convicts have a probation period of 10 years. The sentence can be reduced to life imprisonment if they show commendable morals and behavior. The commendable qualities and behavior are obeying prison regulations and contributing services that benefit the nation and state. Apart from Indonesia, China is a country that still applies the death penalty. Both China and Indonesia have probationary periods before the death penalty is carried out. The probation period is an opportunity for the convict to correct his mistakes. Executions in China are carried out in two ways, namely by being shot in the heart and by lethal injection. In contrast, in Indonesia, they are only shot dead by the executioner.

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Journal Mail Official pjlelaw@journalkeberlanjutan.com

Editorial Address Jl. Manteron No. 1A. RT 06, RW. 11 Kel. Sukaluyu, Kec. Cibeunying Kaler. 40123

Location Kota denpasar, Bali INDONESIA

Abstract

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Contact Name
Noor Hafidah

Contact Email
pjlelaw@journalkeberlanjutan.com

Phone
-

Journal Mail Official
pjlelaw@journalkeberlanjutan.com

Editorial Address
Jl. Manteron No. 1A. RT 06, RW. 11 Kel. Sukaluyu, Kec. Cibeunying Kaler. 40123

Location
Kota denpasar,

Bali

INDONESIA