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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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Criteria and Conditions for Determining an Act of Robbery Reviewed from a Criminal Law Perspective MANGGALA, Ni Kadek Erika; 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.v2i1.1059

This research aims to determine the legal comparison of criminal acts of theft and mugging or robbery based on the provisions of Indonesian criminal law. It also helps to understand the requirements and influence of interpretation for the legal determination of criminal acts such as robbery from a legal perspective. This type of research is normative legal research, specifically discussing theft and robbery. The data collection method used in this research is a literature study that reviews literature related to the object of this research. The research results show that the comparison between the Crime of theft and not the Crime of robbery lies in using the article regulations. Suppose the Crime of theft is regulated in Article 362 of the Criminal Code. Meanwhile, Article 365 of the Criminal Code regulates the Crime of robbery. Article 365 of the Criminal Code provides a strong legal basis for criminalizing and punishing perpetrators of criminal acts of theft with violence. Correct legal interpretation of Article 365 of the Criminal Code is very important to ensure fair and effective law enforcement against perpetrators of these criminal acts.

Antinomy of Intellectual Property Right, Human Right to Health and Health Development in Indonesia KRISTHY, Mutia Evi; NOOR, Syamhudian; SILAM, Achamad Adi Surya Guntur; HAREFA, Fidelis; RASAU, Noel de Paulo
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.v2i1.1074

This study examines intellectual property rights, human rights to Health, and health development in Indonesia after COVID-19. In this study, the type of research used is normative legal research using legal material collection techniques in document studies or literature studies. The approach used in this study is statutory, and the sources of legal materials used are primary, secondary, and tertiary. The results showed that Health is a fundamental need of every individual, family, and society, which the Constitution protects. The founders of the Unitary State of the Republic of Indonesia (NKRI) also understood the importance of Health for the life of the nation and state. Health efforts in Indonesia adopt a modern health and medical system whose user community background is Western socio-cultural. On that basis, there are many obstacles to developing health care and treating and healing diseases when served to the people of Indonesia. Health is a subsystem of National Resilience because it must involve other subsystems through interaction, interrelation, interdependence, and independence to achieve national Health.

Urgency of Reformulation of the National Development Planning System with the Gbhn Model NOHANA, Ni Gek Ayu Septi; 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.v2i1.1076

The discourse that has emerged in recent years regarding the importance of GBHN and plans to revive GBHN has surfaced. It is due to the less-than-optimal success of the national development planning system, which is a guideline for formulating long-term development plans (RPJP), medium-term development plans (RPJM) and annual development plans or Government Work Plans (RKP). However, the return of the GBHN concept has pros and cons; with the re-enactment of GBHN, it is feared that the authority of the MPR as the highest institution will re-emerge. Therefore, it is contrary to the presidential concept that has been agreed upon. Based on the above thinking, the main problem is how urgent the general boundaries of state policy are in the national development system. Second, How Compatible are the General Outlines of State Policy in the Indonesian Presidential System? In the context of formulation, discussion, and determination, the MPR must base it on the principle of the Democratic Directive Principle of State Policy Making, meaning that the formation of the basic policy must be carried out democratically, where the main feature of the democratic concept is public participation.

The The Concept of Profit Sharing Agreement in Land Management in Segara Kodang, Sesetan Village, South Denpasar District, Denpasar City UTAMA, Kartika Jaya; SUKANDIA, I Nyoman; AGUNG, Anak Agung Istri; DEWI, Ida Ayu Permata Winditya; YUDHA, I Putu Wira Dharma Putra
Protection: Journal Of Land And Environmental Law Vol. 2 No. 2 (2024): Protection: Journal Of Land And Environmental Law. (November – February 2024)
Publisher : Indonesia Strategic Sustainability

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38142/pjlel.v2i2.1149

The importance of the meaning of soil for human life is because human life is utterly inseparable from the soil. They live on the land and obtain food by utilizing the land. The amount of land that can be controlled by humans can be reduced due to erosion, while the number of people who wish for land is constantly increasing. In answering legal problems, this research uses an empirical method. The people of Sesetan Village use customary Law passed down from generation to generation, carried out orally based on trust and agreement, and no deed is made from these legal acts. The implementation of the profit-sharing agreement can be carried out well with the existence of a trust system between the customary village institution and the community in maintaining the agreement as well as knowing and implementing their respective rights and obligations agreed upon at the time of making the agreement which aims to improve the economy of the community in the use of village land and especially the customary Village itself.

Legal Provisions of Foreign Investment in Badung Regency - Bali AGUNG, Anak Agung Istri; SUKANDIA, I Nyoman; SUJANA, I Nyoman
Protection: Journal Of Land And Environmental Law Vol. 2 No. 2 (2024): Protection: Journal Of Land And Environmental Law. (November – February 2024)
Publisher : Indonesia Strategic Sustainability

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38142/pjlel.v2i2.1174

The progress of the Indonesian nation is also supported by the presence of investors who are willing to invest in important domestic sectors. Investment is one of the instruments that drives economic progress in Indonesia, especially in Badung Regency - Bali. Many foreigners come to Bali for various purposes, including vacationing while doing business, working, learning about culture, doing research, or investing. Recently, there have been many foreign business activities involving property rental (land and buildings) either by individuals or in the form of PT PMA (Limited Liability Company with Foreign Investment) in Indonesia. This study aims to determine and understand the legal provisions for foreign investment in Bali, especially in Badung Regency and legal protection for foreigners investing in Bali based on applicable provisions. The method used in this study is normative legal research to find the type of investment and legal protection for foreigners investing in Bali based on applicable provisions.

Violation of Notary Code of Ethics in Using Social Media for Self-Promotion Through Video Blog Form IRIANTORO, Agung; YUNIDA, Arlia
Protection: Journal Of Land And Environmental Law Vol. 2 No. 2 (2024): Protection: Journal Of Land And Environmental Law. (November – February 2024)
Publisher : Indonesia Strategic Sustainability

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38142/pjlel.v2i2.1186

Legal consequences for Notaries who violate the rules contained in the Notary Code of Ethics: The Notary Honorary Council can impose code of ethics sanctions on Notaries who violate the code of ethics, in this case, related to publication and self-promotion on social media in the form of vlogs, by the problems discussed in this legal research. The code of ethics sanctions for Notaries who violate the rules related to publication or self-promotion on social media (electronic) based on Article 6 paragraph (1) of the Notary Code of Ethics is in the form of reprimands, warnings, temporary suspension from membership of the Association, honorable suspension from membership of the Association, or dishonorable suspension from membership of the Association. In the context of the case of violation of the code of ethics by Notary PRS related to the circulation of the vlog, the sanctions given to Notary PRS are in the form of sanctions of the code of ethics or accountability according to the code of ethics and his position based on the results of the examination of Notary PRS in the Minutes of Examination issued by the Malang Regional Honorary Council which states that Notary PRS promises to delete the video that has been circulated and will not commit the act again

Nominee Arrangement in the Practice of Land Sale and Purchase in Indonesia KRESNADJAJA, Indrasari; DHARSANA, I Made Pria
Protection: Journal Of Land And Environmental Law Vol. 2 No. 2 (2024): Protection: Journal Of Land And Environmental Law. (November – February 2024)
Publisher : Indonesia Strategic Sustainability

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38142/pjlel.v2i2.1204

The practice of nominee agreements has occurred in Indonesia repeatedly; the agreement uses the power of attorney where the agreement uses the name of an Indonesian citizen to transfer power of attorney to a foreign citizen. A Nominee Agreement made by two parties, namely between an Indonesian citizen and a foreign citizen as the attorney (Nominee), is made through an agreement package to provide all authority that may arise in the legal relationship between a person and his land to a foreign party as a person who is given the power to act as the actual owner. The agreement borrows the name of an Indonesian citizen as the Nominee, and this is a legal smuggling because its substance is contrary to Article 21 paragraph (1) and Article 26 paragraph (2) of Law Number 5 of 1960 concerning the UUPA. In addition, the existence of a loan agreement in the name must be based on the terms and principles of freedom of contract as stipulated in Article 1320 and Article 1338 Paragraph (1) of the Civil Code. For this reason, an objective and comprehensive attitude and understanding are needed from the NotaryNotary in assessing the contents of the land sale and purchase agreement, primarily related to the one-sided agreement. In reality, in the author's opinion, nominee agreements do not comply with the positive law in force in Indonesia because the purpose of this agreement contains elements of bad ethics.

Legal Protection for Child Victims of Crimes According to The Child Criminal Justice System in Indonesia RIYADI, Padlah
Protection: Journal Of Land And Environmental Law Vol. 2 No. 2 (2024): Protection: Journal Of Land And Environmental Law. (November – February 2024)
Publisher : Indonesia Strategic Sustainability

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38142/pjlel.v2i2.1207

Children are legal subjects and national assets, but every year, juvenile delinquency always increases. One of the efforts to overcome juvenile delinquency is implementing a juvenile criminal justice system. Law Number 3 of 1997 concerning Juvenile Courts specifically regulates the juvenile criminal justice system in Indonesia. The philosophical paradigm of Law Number 3 of 1997 adopts a formal legal approach with an emphasis on punishment. The process of punishment given through formal criminal justice placing children in Correctional Institutions has not succeeded in deterring them. This study uses a normative legal approach method, examining secondary data collected using literature studies using a legislative and conceptual approach. The formulation of policies for handling children must be carried out using a restorative justice approach, a settlement process carried out outside the criminal justice system by involving victims, perpetrators, families of victims and perpetrators, the community and those interested in a crime that occurs to reach an agreement and resolution. This policy is based on the fact that the response or reaction of perpetrators of juvenile delinquency is ineffective without the cooperation and involvement of victims, perpetrators and the community. Restorative justice-based legal protection for children as victims in handling legal cases requires child judges at the District Court to conduct diversion before examining criminal cases of children, as ordered by the SPPA Law. Diversion must be carried out within 7 days, involving related parties, according to the terms and conditions stipulated in the SPPA Law.

Restorative Justice Reconstruction with The Indonesian Criminal System After Law No. 1 of 2023 RIYADI, Padlah
Protection: Journal Of Land And Environmental Law Vol. 2 No. 3 (2024): Protection: Journal Of Land And Environmental Law. (March – June 2024)
Publisher : Indonesia Strategic Sustainability

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38142/pjlel.v2i3.1208

The reform of criminal law in Indonesia through the new Criminal Code adopts the principle of Restorative Justice, with the formulation of restorative criminal acts, opening up opportunities to make it the basis for reforming criminal law in the future. Discussion, ratification, and implementation of the draft Criminal Code following the current Indonesian values are no longer by the nation's culture based on Customary Law and other diverse values. This research is normative, conceptualizing law as a written rule or norm that becomes a standard of behavior. The data used is secondary data, including primary, secondary, and tertiary legal materials related to Restorative Justice. Research results: The implications of Restorative Justice after ratifying the RKUHP into the Criminal Code Law reflect fair and dignified law. The substance of Restorative Justice is spread across various articles, including Article 51, which emphasizes the purpose of punishment to re-educate prisoners with forgiving divine values. This principle underlies the belief that humans can change towards goodness despite misbehaving. Article 52 of the Criminal Code Law emphasizes that punishment must not degrade human dignity. It can be concluded that the substance of restorative justice that has been facilitated in the Criminal Code Law, articles 51, 52, 53, 54 and especially Article 132, which states that the authority to prosecute is null and void if a settlement has occurred outside the judicial process, is relevant to the idea and purpose of the law itself.

Eyes on Customary Forests Transition of Traditional Forests into Production Forests Wahyu RAMADAI, Eko; SALMA, Qorin Anida; Fitria CAHYANI, Adinda Agis
Protection: Journal Of Land And Environmental Law Vol. 2 No. 3 (2024): Protection: Journal Of Land And Environmental Law. (March – June 2024)
Publisher : Indonesia Strategic Sustainability

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38142/pjlel.v2i3.1220

Forests as a medium for balancing nature are something whose importance cannot be ignored in human life and civilization. Forests must be managed, protected, and utilized sustainably for the community's welfare, both current and future generations. The problem of customary forests in Indonesia tends to be paradoxical; constitutionally, it has been regulated so that matters are aimed at providing justice, certainty and benefits for indigenous peoples and customary forests. However, Indonesia is known as "The Scramble For Land Rights," where there is a gap between companies and customary law communities in terms of getting opportunities for land tenure rights. This research uses a normative method with a statutory approach, which is expected to answer the problem of how customary forests become production forests in Indonesia and how customary forests become production forests in Indonesia are transitioned from the perspective of justice, certainty and benefit. The current problem is related to permits given unilaterally by indigenous people to companies. Apart from that, the issue of legal action for permit violations is currently not being carried out properly, so many customary forests are still being "grabbed" by companies and not heeding legal regulations by statutory regulations. Constitutionally, the status of customary law is guaranteed. However, law enforcement in the field and supervision from related parties are minimal, causing many problems in transitioning customary forests to production forests.

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Noor Hafidah

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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