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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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Revitalization of Sustainable Water Resources Policy in the Framework of Regional Autonomy in Indonesia PAMBUDI, Andi Setyo
Protection: Journal Of Land And Environmental Law Vol. 4 No. 1 (2025): Protection: Journal Of Land And Environmental Law. (July – October 2025)
Publisher : Indonesia Strategic Sustainability

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38142/pjlel.v4i1.1397

Indonesia’s water resource governance is facing a multifaceted crisis exacerbated by a decentralized administrative structure. Although regional autonomy was envisioned to enhance local responsiveness, it has instead fostered policy fragmentation, weak inter-jurisdictional coordination, and increasing vulnerability of river ecosystems. This paper addresses these systemic challenges by analyzing the underlying governance failures and advancing a strategic framework for revitalizing sustainable water policy. The study employs a qualitative-descriptive methodology through comprehensive literature review and thematic analysis, incorporating comparative insights from international best practices. Findings reveal that effective water governance requires harmonization of regulatory frameworks between central and local governments, institutional capacity-building at the subnational level, integration of spatially enabled data systems, and the institutionalization of inclusive community participation. Policy recommendations emphasize the establishment of legally mandated river-basin-based coordination bodies, the realignment of legal instruments toward ecological justice, the adoption of performance-based fiscal incentives for conservation, and the empowerment of local stakeholders in planning and oversight mechanisms. Ultimately, the revitalization of Indonesia’s water policy demands a systemic, ecologically grounded, and multilevel governance approach—essential for ensuring national water security and advancing sustainable development under the regional autonomy regime.

Comparative Study Comparative Study in the Development of Agrarian Reform of the Indonesian Land Bank Agency with the Federal Law Development Authority (Felda) Malaysia UTAMA, I Wayan Kartika Jaya; ABDULLAH, Mohd Kamarulnizam Bin; MAHENDRAWATI, Ni Luh Made; WESNA, Putu Ayu Sriasih; PERMATASARI, Indah; SUKANDIA, I Nyoman; AGUNG, Anak Agung Istri
Protection: Journal Of Land And Environmental Law Vol. 4 No. 1 (2025): Protection: Journal Of Land And Environmental Law. (July – October 2025)
Publisher : Indonesia Strategic Sustainability

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38142/pjlel.v4i1.1401

The Land Bank Agency faces various challenges, these challenges include limited accurate spatial data, frequent agrarian conflicts between indigenous peoples, farmers, and large companies, and weak coordination between government institutions. In addition, policy implementation is often hampered by bureaucratic issues, overlapping regulations, and low community participation in the decision-making process. Therefore, an innovative approach and learning from best practices in other countries that have previously implemented similar policies are needed. One country that has long experience in implementing agrarian reform is Malaysia. Through the establishment of The Federal Land Development Authority (FELDA) in 1956. The type of research that researchers use in this study is a qualitative descriptive research method. The approach used in this study is normative juridical descriptive. The research was conducted by literature study to obtain legal materials and using document study techniques. The Malaysian land bank, FELDA, has been established for a long time, namely in 1956, compared to the Indonesian Land Bank Agency, which only had definite regulations in 2021 and FELDA has a different implementation mechanism compared to Indonesia, namely FELDA focuses more on implementing land banks in the agricultural sector, while the implementation of land banks in Indonesia tends to be relatively new.

The Position of Foreign Citizens in Land Lease Agreements PRADYAN, I Gusti Ngurah Agung Krisna; SUWITRA, I Made; WIJAYA, Ketut Kasta Arya
Protection: Journal Of Land And Environmental Law Vol. 4 No. 1 (2025): Protection: Journal Of Land And Environmental Law. (July – October 2025)
Publisher : Indonesia Strategic Sustainability

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38142/pjlel.v4i1.1421

The purpose of this research is to analyze the validity of lease transfer agreements from Foreign Nationals to Indonesian Citizens and to examine the legal consequences of land lease agreements by Foreign Nationals. The type of legal research used is normative legal research, with statutory and analytical approaches. This legal research utilizes two types of legal materials, namely primary legal materials and secondary legal materials. The research results indicate that the validity of the lease transfer agreement by a foreign national with a Visa on Arrival (VoA) in Supreme Court Decision No. 2099 K/Pdt/2017 is deemed invalid because foreign nationals do not meet the legal capacity requirements as per Article 1320 of the Civil Code in conjunction with Article 45 of the UUPA. The temporary nature of the Visa on Arrival (VoA) does not satisfy the requirement of being domiciled in Indonesia, which necessitates a valid and ongoing residence permit. The legal consequences of this agreement are that it can be annulled due to the failure to meet the subjective requirements in Article 1320 of the Civil Code. This means that the agreement remains formally valid but can be annulled by the aggrieved party through a court ruling.

The Principle of Good Faith in Purchase Agreements for Land Ownership YANTI, Ni Kadek Putri; WIJAYA , I Ketut Kasta Arya; AGUNG , Anak Agung Istri
Protection: Journal Of Land And Environmental Law Vol. 4 No. 1 (2025): Protection: Journal Of Land And Environmental Law. (July – October 2025)
Publisher : Indonesia Strategic Sustainability

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38142/pjlel.v4i1.1460

This research examines the principle of good faith in the sale and purchase agreement of land ownership rights. In practice, there are occurrences of multiple sale and purchase agreements for land ownership rights. In this event, the seller conducted two binding sale and purchase agreements for land ownership rights with different buyers, resulting in losses for the first buyer. Based on this, the seller is deemed not to have acted in good faith in making the sale and purchase agreement. The research used in this study is normative legal research. The approaches used in this research are legislative approach, case approach, and conceptual approach. The sources of legal materials utilize primary legal materials and secondary legal materials. The technique for collecting legal materials used in this research is through library techniques and document studies, which are then qualitatively analyzed by providing descriptions related to the application of the principle of good faith in the sale and purchase agreement of land ownership. The principle of good faith in ownership sale and purchase agreements for land is regulated in Article 1338 paragraph (3) of the Civil Code. Additionally, it is also reflected in the provisions of Article 1320 of the Civil Code which governs the valid conditions of agreements. Furthermore, the legal consequences for the seller in a sales agreement that is not based on good faith are null and void by law because it contradicts the principle of good faith and does not meet the objective requirements for a valid agreement.

Licensing Policy Regarding the Suitability of Space Utilization Activities for Micro and Small Enterprises in Buleleng Regency AGUSTINA, I Kadek Raos A; MAHENDRAWATI, Ni Luh; JAYA , I Wayan Kartika
Protection: Journal Of Land And Environmental Law Vol. 4 No. 1 (2025): Protection: Journal Of Land And Environmental Law. (July – October 2025)
Publisher : Indonesia Strategic Sustainability

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38142/pjlel.v4i1.1461

This study aims to examine the spatial utilization activity suitability licensing (KKPR) policy for Micro and Small Enterprises (MSEs) in Buleleng Regency, particularly in the context of the manual implementation of the Spatial Utilization Activity Suitability Approval (PKKPR). The main focus of the study is to assess the extent to which this policy has guaranteed the principles of legal certainty, justice, and benefit for business actors, as mandated by the Job Creation Law and Government Regulation Number 21 of 2021. The research method used is an empirical legal research method that examines the gap between legal regulations and the reality in society using a juridical analysis approach supported by primary data sourced from interviews, which are then analyzed qualitatively and processed with legal theories. The results of the study indicate that the implementation of the manual policy by the Buleleng Regency Government is still not in line with the principle of risk-based licensing simplification through OSS-RBA. This policy, although intended to protect MSEs from spatial planning violations, actually creates procedural inconsistencies and additional administrative burdens that have the potential to reduce legal certainty and the efficiency of public services. This study recommends accelerating the digitalization of RDTR, integrating the regional licensing system with OSS-RBA, and strengthening education and coaching for MSMEs so that the spatial licensing process can be implemented fairly, beneficially, and provide optimal legal certainty.

Legal Strength of Land Purchase and Sale in the Village of Banyuning, Buleleng Pratama, Putu Rama Ari; Sujana, I Nyoman; Sukandia, I Nyoman
Protection: Journal Of Land And Environmental Law Vol. 4 No. 2 (2026): Protection: Journal Of Land And Environmental Law. (November – February 2026)
Publisher : PT Keberlanjutan Strategis Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38142/pjlel.v4i2.1513

The ambiguity of the legal status of village residential land after the enactment of the Basic Agrarian Law, particularly concerning the transfer of land rights carried out through private sales transactions. This research uses an empirical legal research method with a juridical sociological, legislative, and conceptual approach. The data used consists of primary data obtained through interviews and secondary data collected from various related literature. The research results show that although the buying and selling transactions of village yard land in Banyuning are conducted without official registration at the land office, they are still recognized as valid by customary law as long as there is an agreement from the local customary community. However, under national law, these transactions are not valid as they do not meet the procedures established by land regulations. In conclusion, to provide clearer legal certainty, there needs to be regulations governing the authentic transfer of rights over village yard land through a Land Deed Official (PPAT) and registration at the land office.

Protection of Young Artist Style Paintings from the Perspective of Copyright and Traditional Cultural Expression in the Digital Era NARESWARI, Ni Nyoman Claudia; Dharmawan, Ni Ketut Supasti
Protection: Journal Of Land And Environmental Law Vol. 4 No. 2 (2026): Protection: Journal Of Land And Environmental Law. (November – February 2026)
Publisher : PT Keberlanjutan Strategis Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38142/pjlel.v4i2.1713

The purpose of this study is to analyze the legal protection of Young Artist-style paintings from the perspective of copyright and traditional cultural expressions amidst the development of the digital era. This study uses a normative legal research method with a statutory approach, a conceptual approach, and a comparative approach. The results of the study indicate that legally, Young Artist-style paintings are included in the category of creations in the field of fine arts, as regulated in Law Number 28 of 2014 concerning Copyright. However, because the work is sourced from communal Balinese cultural values, individual protection through copyright is not entirely adequate. Therefore, legal recognition is needed, namely through Traditional Cultural Expressions (EBT), to protect the moral rights and cultural identity of the Sayan Village community. In the digital context, the biggest challenge lies in the possibility of being produced/recreated by artificial intelligence along with the development of the current digital era. Effective protection efforts can be carried out through strengthening national regulations, establishing a digital cultural expression database, and implementing technologies such as Digital Rights Management (DRM) or blockchain certificates to guarantee the attribution and authenticity of works. This research confirms that protecting Young Artist style paintings is not only a legal obligation, but also a form of responsibility

Legal Accountability and Governance in Corporate Social Responsibility Implementation in Indonesia SETIAWAN, Armand; RIDENG, I Wayan; ARJAYA, I Made
Protection: Journal Of Land And Environmental Law Vol. 4 No. 2 (2026): Protection: Journal Of Land And Environmental Law. (November – February 2026)
Publisher : PT Keberlanjutan Strategis Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38142/pjlel.v4i2.1706

This study aims to examine the legal accountability and governance dimensions of Corporate Social Responsibility (CSR) implementation in Indonesia. It addresses the issue of weak integration between CSR legal mandates and their practical realization within corporate governance frameworks. Using a normative juridical method with statutory and conceptual approaches, this research analyzes legal materials including Law No. 40 of 2007 on Limited Liability Companies and Government Regulation No. 47 of 2012 on Social and Environmental Responsibility, complemented by secondary literature and qualitative analysis. The findings indicate that CSR in Indonesia remains largely voluntary and philanthropic, with weak legal enforcement and limited standardized mechanisms for auditing and reporting. The absence of clear sanctions for non-compliance and the lack of transparency hinder CSR’s potential to function as a governance instrument that ensures corporate accountability. The study interprets CSR as a legally binding element of corporate governance that strengthens ethical responsibility, transparency, and stakeholder trust. It concludes that reinforcing CSR enforcement through standardized reporting, independent auditing, and regulatory collaboration can transform CSR from a symbolic practice into a binding social commitment that supports sustainable national development.

Reconstructing Legal Regulation Of Battery Electric Vehicles For Sustainable Development In Indonesia Wirawan, I Nyoman Arta; Budiartha , I N Putu; Rideng, Wayan
Protection: Journal Of Land And Environmental Law Vol. 4 No. 2 (2026): Protection: Journal Of Land And Environmental Law. (November – February 2026)
Publisher : PT Keberlanjutan Strategis Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38142/pjlel.v4i2.1806

This article examines legal certainty challenges in Indonesia's battery electric vehicle regulation and proposes a reconstruction to better align governance with sustainable development. The study uses normative legal Research employing statutory and conceptual approaches, focusing on the existing regulatory framework and relevant legal principles. The analysis finds that current regulation still contains vague norms and regulatory gaps, particularly egarding enforceable obligations for business actors, producer responsibility across the battery life cycle, battery waste governance, oversight mechanisms, inter-institutional coordination, and the effectiveness of sanctions. These weaknesses may reduce legal certainty, undermine accountability, and lead to inconsistent implementation across sectors and levels of government. The study interprets these findings as indicating the need to strengthen the regulatory design by introducing clearer, binding norms that integrate environmental accountability and fair transition considerations, supported by measurable compliance duties and effective enforcement mechanisms. The article concludes that legal reconstruction is essential to ensure a consistent, accountable, and sustainable pathway for Indonesia's national battery-electric vehicle ecosystem.

Illegal Tour Guides And Their Legal Implications For Tourist Protection In Bali I Komang JUMENA; Jumena , I Wayan; Styawati, Ni Komang Arini
Protection: Journal Of Land And Environmental Law Vol. 4 No. 2 (2026): Protection: Journal Of Land And Environmental Law. (November – February 2026)
Publisher : PT Keberlanjutan Strategis Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38142/pjlel.v4i2.1807

This article examines the legal implications of illegal tour guides on tourist protection and the sustainability of the tourism industry in Bali. The main objective of this study is to analyze the legal regulation governing tour guide services and to assess the impact of illegal tour guide practices on service quality, legal certainty, and tourist protection. This research employs a statutory approach, a conceptual approach, and a sociological approach. Primary data were obtained through interviews with licensed tour guides, tourism stakeholders, and relevant authorities, while secondary data were derived from legislation, legal doctrines, and academic literature related to tourism law. The analysis reveals that the presence of illegal tour guides contributes to declining service quality, unfair competition, weakened legal protection for licensed tour guides, and increased legal risks for tourists, particularly in situations involving accidents or insurance claims. The findings also indicate that existing regulations have not been optimally enforced, resulting in gaps between legal norms and actual practices in the tourism sector. This study concludes that strengthening supervision, law enforcement, and inter-institutional coordination is essential to ensure legal certainty, protect tourists, and maintain the quality and reputation of Bali as an international tourism destination

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

Location Kota denpasar, Bali INDONESIA

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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