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Abdul Kadir Jaelani
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INDONESIA
Journal of Sustainable Development and Regulatory Issues
Published by Lembaga Contrarius Indonesia
ISSN : 29878071     EISSN : 29878063     DOI : https://doi.org/10.53955/jsderi.v1i2
Core Subject : Health, Social,
Environmental Science Law, Crime, Criminology & Criminal Justice Public Health
The Journal of Sustainable Development and Regulatory Issues (JSDERI) focuses on the field of sustainable development and law studies at global, national, regional, and local levels worldwide. The journal addresses specific issues on energy, environmental design and planning, environmental management, spatial planning, environmental planning, environmental management and sustainable development integrated way and accordance with the principles of Regulatory Issues. In addition, JSDERI also covers legal research in waste management, air, water and soil pollution, rural planning, urban planning, regional economics, methods of enforcement, government tort liability, freedom of information, and state finance, and legal justice. The journal warmly welcomes contributions from scholars with related disciplines. Novelty and recency of issues, however, are the priority in publishing.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 96 Documents
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How to Resolve Land Ownership Conflicts Involving Government Assets in Indonesia Ravi Danendra; Lego Karjoko; Hilaire Tegnan
Journal of Sustainable Development and Regulatory Issues (JSDERI) Vol. 4 No. 2 (2026): Journal of Sustainable Development and Regulatory Issues
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jsderi.v4i2.299

Abstract

This research examines the role of political leadership in shaping land tenure policy and community resistance in Bong Mojo, Surakarta, where a conflict emerged between the Surakarta City Government as the legal holder of land rights and local residents who claimed long term occupation. The research aims to analyze the influence of political leadership on land conflict resolution and to explain how local cultural values reshape the interpretation of land rights. This study applies a sociolegal approach by combining decolonial legal theory, critical legal studies, and critical discourse analysis. The research uses statutory materials, policy documents, field observations, and in-depth interviews with government officials and community representatives to examine the interaction between formal legal institutions and community-based land practices.  The findings reveal three principal approaches to resolving land ownership conflicts involving government assets in Indonesia. First, effective conflict resolution requires balancing legal certainty with substantive justice by recognizing the state's authority over public assets while considering the historical occupation, social dependence, and legitimate interests of local communities. Second, participatory governance through dialogue, negotiation, and collaboration among government institutions, affected communities, and other stakeholders provides a more sustainable mechanism for resolving disputes than relying exclusively on formal legal enforcement. Third, integrating statutory land law with local wisdom and the social function of land creates an equitable land governance model that strengthens public trust, protects government assets, promotes social justice, and prevents recurring land conflicts. These findings demonstrate that sustainable land conflict resolution depends on combining legal, institutional, and socio-cultural approaches within a comprehensive governance framework.
Legal Certainty in Underground Space Utilization: Lessons from Selected Jurisdictions Ghary Delia Handojo; Ariawan Gunadi
Journal of Sustainable Development and Regulatory Issues (JSDERI) Vol. 4 No. 2 (2026): Journal of Sustainable Development and Regulatory Issues
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jsderi.v4i2.390

Abstract

Rapid urbanization, population growth, infrastructure expansion, and land scarcity have encouraged underground space utilization for urban development. However, Indonesia lacks a comprehensive legal framework regulating underground space ownership, utilization, and registration, creating legal uncertainty regarding rights allocation and subsurface development. This study examines the legal challenges and regulatory deficiencies associated with underground space utilization in Indonesia and formulates legal reform recommendations by drawing lessons from comparative legal systems. The study employs normative legal research using statutory, conceptual, and comparative approaches. The analysis focuses on existing Indonesian regulations and evaluates legal arrangements governing underground space in Japan, England, and Germany. The study finds that Indonesia has not established a specific and integrated legal regime capable of regulating underground space utilization effectively. The absence of clear legal provisions has limited legal certainty and hindered the implementation of sustainable underground development. Therefore, this study proposes legal reform through the clarification of vertical property boundaries, the recognition of independent underground space rights, the development of a three-dimensional land registration system, and the harmonization of related legislation. These measures can strengthen legal certainty, improve land governance, and support sustainable urban development in Indonesia.
Beyond Personal Data Protection: Constructing a Legal Framework for Big Data Governance in Uzbekistan Sarvar Zafarovich Tojiboyev; Dilfuza Ismailovna Imamova; Bobur Umidjon ugli Koryogdiev; Adolat Fakhriddin kizi Settieva; Ismigul Farkhod kizi Kubaeva
Journal of Sustainable Development and Regulatory Issues (JSDERI) Vol. 4 No. 2 (2026): Journal of Sustainable Development and Regulatory Issues
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jsderi.v4i2.395

Abstract

Advances in data analytics, artificial intelligence, and digital technologies have intensified legal challenges related to data governance, privacy, and accountability. However, Uzbekistan's legal framework remains insufficient to regulate Big Data, particularly concerning inferred data, profiling practices, and automated decision-making activities. This study aims to analyze the legal nature of Big Data, identify regulatory gaps in Uzbekistan’s legal framework, and develop a Big Data Governance Framework. The research employs normative legal research using statutory, conceptual, and comparative approaches. The findings reveal that first, the study establishes that Big Data represents a distinct legal phenomenon that differs from traditional legal concepts of personal data, databases, and intellectual property rights. Second, the study identifies substantial regulatory deficiencies within Uzbekistan's legal framework, including the absence of a clear legal definition of Big Data, fragmented regulatory arrangements, insufficient protection against profiling and secondary data use, limited algorithmic accountability, and weak institutional governance. Third, the study formulates a comprehensive Big Data Governance Framework that recognizes the legal status of Big Data, safeguards inferred data, strengthens the rights of data subjects, introduces Big Data Impact Assessment mechanisms, promotes algorithmic accountability, enhances institutional oversight, and integrates privacy rights, digital rights, and civil liability principles.
Strengthening Startup Regulation to Advance Sustainable Economic Development in Uzbekistan Akbar Zafar Ogli Tojiboev; Kambariddin Miradxamovich Mekhmonov; Sokhiba Fazilovna Inoyatova; Dilorom Khaitbayevna Rakhimova; Farrukha Fakhriddinovna Mukhitdinova
Journal of Sustainable Development and Regulatory Issues (JSDERI) Vol. 4 No. 2 (2026): Journal of Sustainable Development and Regulatory Issues
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jsderi.v4i2.396

Abstract

The development of the digital economy has generated new forms of entrepreneurship, innovative business models, and investment mechanisms closely associated with startup activities. Despite the growing importance of startups in driving innovation and economic growth, their development in Uzbekistan has not been supported by an adequate regulatory framework capable of ensuring legal certainty and fostering a sustainable startup ecosystem. Therefore, research on startup regulatory reform is necessary to support sustainable economic development. This study aims to, first, identify the legal issues and regulatory challenges affecting startups in Uzbekistan; second, analyze the ideal startup regulatory model in the United States as a comparative reference; and third, formulate startup regulatory reforms to promote sustainable economic development. This research uses a normative legal research method using statutory, comparative, and conceptual approaches. The findings reveal that first, the principal challenge facing startup development in Uzbekistan is the lack of a comprehensive and integrated legal framework specifically governing startups, resulting in legal uncertainty and limiting ecosystem growth. Second, the experience of the United States demonstrates that a successful startup ecosystem depends on adaptive and innovation-oriented regulations that facilitate access to funding, provide effective legal protection, and encourage digital economic activities. Third, startup regulatory reform in Uzbekistan should be pursued through the enactment of a Startup Act, harmonization of startup-related regulations within the national legal system, simplification of bureaucratic procedures, and strengthening institutional support through startup incubators involving legal and financial experts. These measures are expected to enhance legal certainty, attract investment, stimulate innovation, and promote sustainable digital economic development in Uzbekistan.
Regulatory Reform of Evidence Confiscation in Forestry Crimes for Sustainable Environmental Governance R. Hendral R. Hendral; Anis Mashdurohatun; Permana Adi Kusumah; Fahmi Amrullah; Mahmoud Ismail
Journal of Sustainable Development and Regulatory Issues (JSDERI) Vol. 4 No. 2 (2026): Journal of Sustainable Development and Regulatory Issues
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jsderi.v4i2.397

Abstract

Regulations governing evidence confiscation in forestry crimes fail to ensure legal certainty and equitable protection, resulting in inconsistent enforcement and inadequate safeguards for indigenous peoples and forest dependent communities. This study analyzes the existing regulatory framework, identifies its normative weaknesses, and develops a regulatory reconstruction that strengthens legal certainty and justice in accordance with Article 28D paragraph (1) of the 1945 Constitution. The research adopts a constructivist paradigm and applies a socio legal approach to examine the relationship between legal norms and social realities. The study employs Justice Theory as the grand theory, Legal System Theory as the middle range theory, and Legal Protection Theory together with Progressive Law Theory as the applied theoretical framework. The findings demonstrate three principal results, first, the current legal framework fails to provide adequate legal remedies to challenge unlawful confiscation, establish compensation for wrongful seizures, impose accountability on officials who exceed their legal authority, and protect the customary rights of indigenous communities. Second, the existing regulatory framework contains significant deficiencies in post judgment objection procedures, the legal regulation of found timber utilization, and land management following state repossession, thereby undermining legal certainty and equitable protection. Third, the study proposes a comprehensive reconstruction of the Forestry Law, the Law on the Prevention and Eradication of Forest Destruction, and the relevant Presidential Regulation by introducing objection mechanisms, compensation provisions, procedural safeguards, and agrarian reform measures. These reforms establish a coherent and constitutionally consistent legal framework that strengthens legal certainty, enhances the protection of community rights, improves accountability in law enforcement, and supports sustainable forest governance.
Regulation of Criminal Sanctions for Physical Domestic Violence Promoting Gender Equality Fandy Setiawan; Hery Purwanto; Hariyanto Hariyanto; Bambang Prasetyo; Muhammad Azam
Journal of Sustainable Development and Regulatory Issues (JSDERI) Vol. 4 No. 2 (2026): Journal of Sustainable Development and Regulatory Issues
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jsderi.v4i2.402

Abstract

Victims of physical domestic violence experience unequal power relations, economic vulnerability, and social stigma, requiring a criminal justice system that ensures offender accountability, victim protection, recovery, and substantive justice. This study examines the extent to which the current regulation of criminal sanctions for physical domestic violence reflects the values of Pancasila justice, identifies the weaknesses of the existing legal framework, and formulates a regulatory reconstruction based on the principles of Pancasila justice. This research adopts a sociolegal approach by examining statutory regulations, legal doctrines, and their practical implementation through qualitative analysis of legal materials and empirical findings. The results show that first, the existing regulation under Law Number 23 of 2004 continues to emphasize imprisonment and monetary penalties while failing to provide comprehensive protection through restitution, psychological rehabilitation, health services, legal assistance, and victim recovery. Second, weaknesses in legal substance, institutional effectiveness, and legal culture reduce the effectiveness of law enforcement and limit victims' access to meaningful legal protection and justice. Third, reconstructing the criminal sanction framework by establishing restitution as the primary sanction, strengthening additional sanctions through movement restrictions and mandatory counseling, reclassifying complaint based offenses as ordinary offenses, and developing effective restitution enforcement mechanisms creates a victim oriented criminal justice system that enhances legal certainty, promotes substantive justice, and realizes the humanitarian, equality, and social justice values embodied in Pancasila.

Page 10 of 10 | Total Record : 96

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