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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 66 Documents

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Criminal Liability Of Foreign National Children Within Indonesia's Juvenile Justice System Framework Marantika, I Putu Mega; Sugiartha , I Nyoman Gede; Rideng , I 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.v4i2.1808

This article examines the criminal liability of foreign national children within Indonesia's juvenile justice system, focusing on legal regulation and judicial application in criminal proceedings involving children of foreign nationality. The study addresses the core issue of how Indonesian positive law applies criminal responsibility to foreign national children while ensuring equal legal protection and child-centered justice. The Research employs a normative legal method, drawing on statutory, conceptual, and case approaches, with court decisions as the primary reference for examining judicial practices. The findings reveal that Indonesian law applies the principle of territoriality consistently, allowing foreign national children to be held criminally responsible under the same legal framework as Indonesian children, while prioritizing rehabilitative measures and restorative justice principles. The analysis also demonstrates that judicial authorities emphasize child protection, proportional sanctions, and the best interests of the child in sentencing decisions involving foreign national children. These findings indicate that the juvenile justice system in Indonesia has accommodated foreign national children as legal subjects without discrimination based on nationality. The study concludes that although the existing legal framework sufficiently supports equal treatment and child protection, further institutional coordination and policy refinement are necessary to strengthen rehabilitation-oriented justice for foreign national children within the juvenile justice system

Restorative Justice Implementation In Bali Police Cybercrime Cases: Procedures, Barriers, And Digital Recovery Putera, Bagus Muhamad Salim; Nahak, Simon; Rideng , I 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.v4i2.1809

This article examines how restorative justice is implemented in cybercrime cases handled by the Bali Regional Police's Cyber Directorate, with the dual aim of identifying operational barriers and formulating strengthening strategies. The analysis is anchored in concepts of criminal law and punishment, as well as the purposes of law—justice, legal certainty, and social utility—so that restorative outcomes can be assessed against principled thresholds rather than ad hoc compromise. The study employs a juridical-normative method complemented by empirical materials drawn from interviews, document analysis, and limited observation of case conferences and mediated settlements, alongside multi-year case data. The findings show uneven implementation that improves when case triage is disciplined and when a digital recovery toolkit—timely content removal, account restoration, verifiable restitution, public clarification, and guarantees of non-repetition—is applied. Key impediments include institutional formalism, technical features of cyber offending, the scarcity of specific operational guidelines, concerns about victims' rights and legal certainty, public misconceptions, and gaps in mediation and forensics capacity. The results suggest restorative justice should operate as a conditional instrument: prioritized where measurable recovery for victims is feasible and redirected to prosecution when public interest and deterrence predominate. Strengthened risk-based SOPs, targeted training, inclusive outreach, platform liaison, and victim-centered performance metrics are recommended to balance justice, certainty, and utility

Legal Certainty for Misuse of Indonesian Business Classification in Foreign-Owned Villas Parandita, Anak Agung Ngurah Jlantik; Budiartha , I Nyoman Putu; 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

This article analyses legal certainty issues arising from foreign investors' misuse of the Indonesian Standard Industrial Classification in villa business activities and its impact on the protection of micro, small, and medium enterprises. The study uses normative legal research, drawing on statutory, conceptual, and case approaches, supported by doctrinal interpretation and policy evaluation of licensing and supervision mechanisms. The analysis identifies recurring patterns of classification misuse, including registering villa operations under real estate or other accommodation categories, separating operational functions across related entities to obscure the true nature of the business, using local proxy arrangements, and exploiting unclear operational boundaries in licensing practice and weak interagency coordination. These practices create regulatory inconsistency, undermine enforceability, and foster unfair competition that disadvantages local enterprises in tourism-based markets. The findings indicate that stronger legal certainty requires clearer operational criteria for classification selection, integrated verification across licensing and sectoral authorities, risk-based monitoring, and proportional administrative sanctions with due process safeguards. The article concludes that targeted regulatory reform and coordinated oversight are necessary to restore legal clarity and provide effective protection for local enterprises in the villa sector.

Implementation of Abandoned Land Control In Badung Regency, Bali Ni Nyoman Wulan Ratna Komala Sari; I Made Suwitra; Ni Made Jaya Senastri
Protection: Journal Of Land And Environmental Law Vol. 5 No. 1 (2026): Protection: Journal Of Land And Environmental Law. (July – October 2026)-In Pre
Publisher : PT Keberlanjutan Strategis Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38142/pjlel.v5i1.1980

This study examines the implementation of abandoned land control and the legal protection for land rights holders in Badung Regency, Bali. The high incidence of abandoned land in the region, driven by rapid tourism and investment development, has posed challenges to land utilization and social justice. Although Government Regulation No. 48/2025 mandates land utilization within two years of rights issuance, many landholders fail to comply, resulting in lands being categorized as abandoned. Using empirical legal research with statutory, case, conceptual, and sociological approaches, the study applied qualitative data analysis. Findings indicate that despite the enactment of PP No. 48/2025, only a fraction of abandoned lands is processed effectively, primarily due to budget limitations and inter-agency coordination gaps. Legal protections, including prior notifications, exist but are insufficiently applied, raising concerns over justice and certainty for landholders. Recommendations include enhanced regulatory synchronization, stricter monitoring, and improved coordination among agencies.

Legal Status Of Joint Land Ownership Rights In International Mixed Marriage Regimes Elisabeth Sanam; I Made Suwitra; I Wayan Rideng
Protection: Journal Of Land And Environmental Law Vol. 5 No. 1 (2026): Protection: Journal Of Land And Environmental Law. (July – October 2026)-In Pre
Publisher : PT Keberlanjutan Strategis Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38142/pjlel.v5i1.1966

This research aims to analyze the legal status of land ownership rights acquired during international mixed marriages as joint property and to formulate a resolution for the normative conflict between the marriage regime and the principle of nationality. This study employs a normative legal research method with statutory, conceptual, and case approaches, utilizing legal materials collected through library research. The results indicate that land ownership rights in mixed marriages remain strictly subject to the nationality principle under the Basic Agrarian Law (UUPA); thus, while civil law may consider it joint property, the involvement of a foreign spouse cannot be recognized in land ownership rights. The study concludes that the normative conflict is resolved through the principle of lex specialis derogat legi generali, positioning the UUPA as a specific law that overrides general marriage provisions. To ensure legal certainty, it is essential to implement preventive protection through prenuptial agreements and repressive protection through rights relinquishment mechanisms.

Supervisory Function of Regional House of Representatives Over Regional Heads in Indonesia I Putu Suastika; I Wayan Rideng; Ni Komang Arini Setyawati
Protection: Journal Of Land And Environmental Law Vol. 5 No. 1 (2026): Protection: Journal Of Land And Environmental Law. (July – October 2026)-In Pre
Publisher : PT Keberlanjutan Strategis Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38142/pjlel.v5i1.2090

This study examines how Indonesian law regulates the supervisory authority of the regional house of representatives over regional heads, and identifies the forms through which that supervision is exercised. The issue arises because the governing statute confers a supervisory function without attaching binding force to its outcomes, so the same institution acts simultaneously as a co-maker of policy and as its supervisor. The research applies a normative legal method combining statutory and conceptual approaches, drawing on the 1945 Constitution, Law Number 23 of 2014 on Regional Government and its implementing regulations, analysed descriptively and qualitatively through grammatical and systematic interpretation. The findings show that the supervisory function rests on attributive authority granted directly by the legislature and covers the implementation of regional regulations, regional head regulations, regional budgets, related legislation, and the follow-up to state audit findings. Supervision operates preventively through deliberation on draft regulations and budgets, and repressively through working meetings, public hearings, field visits, accountability reports, and the rights of interpellation, inquiry and expression of opinion. Such supervision is political and institutional rather than executorial, so its effectiveness depends on norms obliging regional heads to act upon supervisory recommendations.

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Noor Hafidah

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

Location
Kota denpasar,

Bali

INDONESIA

Abstract

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Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

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

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

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