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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 72 Documents
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The Imperative of Social Justice on the Insolvency and Workers' Wage Nuryanto, Ahmad Dwi; Kusumaningtyas, Reza Octavia; Habibullo, Bukhadyrov
Journal of Sustainable Development and Regulatory Issues (JSDERI) Vol. 2 No. 3 (2024): 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.v2i3.48

Abstract

Several laws and regulations in Indonesia govern the wage rights of workers in insolvent companies. However, there is a lack of coordination among these regulations, which affects their effectiveness. This research examines the impact of bankruptcy on worker protection within the framework of social justice principles. Utilizing normative legal research with a conceptual approach, the study reveals that bankruptcy often disadvantages employees, who are frequently placed at the end of the creditor hierarchy during the distribution of bankrupt assets. Despite the existence of various laws designed to protect laborers' rights, there is considerable overlap and inconsistency among them. Therefore, it is essential to clarify the status of employees in bankrupt companies and harmonize relevant regulations to ensure fair compensation for workers. The research also includes comparative examples from different countries. The prioritization of employee claims in insolvency cases varies according to each country's legal framework and social security system. For instance, Germany, the United Kingdom, and France exhibit significant differences in their approaches to pay priorities. These differences highlight the complex interaction between statutory priorities, social security systems, and cultural attitudes towards labor rights, which collectively influence the respective pay priority frameworks of these countries. The findings underscore the need to ensure equitable treatment of employees within global economic systems while balancing competitiveness with labor rights.
‘Good Faith’ in Land Transaction: A Comparative Analysis of the USA and Netherlands Law Karjoko, Lego; Iswantoro; Ramazanova, Makhabbat
Journal of Sustainable Development and Regulatory Issues (JSDERI) Vol. 2 No. 3 (2024): 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.v2i3.49

Abstract

The lack of uniformity among judges in interpreting the criteria for buyers' good faith in land sale and purchase cases results in less favorable outcomes for buyers. This study aims to compare the regulations and implementations of the principle of good faith in land transactions in the United States, the Netherlands and Indonesia. Utilizing a statutory and conceptual approach, supplemented by comparative analysis, this research examines the relevant laws and concepts, including contractual rules and regulations governing sales and purchases. The findings indicate that the legal system significantly influences how countries regulate the principle of good faith—either concretely or abstractly. This influence is closely tied to the concepts of written legal sources, jurisprudence, and the practical application of the principle in statutory regulations. Generally, Indonesia, like other countries, faces challenges in implementing the principle of good faith, particularly for buyers, due to the lack of a definitive benchmark to assess whether agreements are executed in good faith and fairness. To address this issue, the regulation of good faith and its criteria should be clearly articulated in written laws. Ensuring that the principle of good faith is applied throughout the entire land buying and selling process—from pre-contractual stages to contract execution—is crucial for providing adequate protection for buyers acting in good faith.
Oil and Gas Fiscal Term Regulations Based on Ecological Justice Manumayoso, Bambang; Annissa Dewi Rinenggo Kusumo Utami; Luiza Gabunia
Journal of Sustainable Development and Regulatory Issues (JSDERI) Vol. 2 No. 3 (2024): 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.v2i3.50

Abstract

This study aims to analyze the National Fiscal-Term of Oil and Natural Gas Producer Sharing Contract (PSC) Cost Recovery and Gross Split models that are not in accordance with the principles of ecological justice. This study employs doctrinal legal approach. State control over natural resources in the Indonesian constitution emphasizes state authority to manage these resources for the prosperity of the people, reflected in various legal frameworks, including regulations regarding the PSC model used in the oil and gas sector. The results of the study show that oil and gas management in Indonesia follows Article 33 of the 1945 Constitution, with two central schemes of PSC Cost Recovery and Gross Split. This regulation ensures fair, efficient, and sustainable oil and gas management. Different countries implement diverse regulations for oil and gas exploration and production, including variations in tax periods and tariffs. In Indonesia, the exploration period is set at six years, with production rights extending up to thirty years. This contrasts with the regulations in other countries, such as China and India. To ensure that environmental impacts are duly considered and that local communities are engaged, oil and gas management in Indonesia should be guided by principles of ecological justice rooted in Pancasila. Challenges such as inadequate data, policy inconsistencies, and limited oversight capacity must be addressed through enhanced transparency and policy harmonization.
Legal Issues of Health Frontier in Two Countries: Challenges from Indonesia and Singapore Murdi, Patria Bayu; Rahimah Embong
Journal of Sustainable Development and Regulatory Issues (JSDERI) Vol. 2 No. 3 (2024): 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.v2i3.51

Abstract

Foreign medical personnel are needed to overcome the challenges of a shortage of medical personnel. However, the current issue lies in the ineffective regulations governing foreign medical personnel in Indonesia, which hinder the country's ability to enhance its health services. This research aims to conduct a comparative study with Singapore, which has superior health services, to examine the use of foreign medical personnel in improving the quality of health services in Indonesia. This research uses normative juridical research, employing a conceptual, statutory, and comparative approach. The research results show that, first, the utilization of foreign medical personnel in Indonesia has not been able to improve the quality of health services in Indonesia due to weaknesses in legal structure in the supervision and licensing process, the substance of regulations that do not yet provide legal protection and the condition of the Indonesian people who are not yet able to use such personnel foreign medical. Second, the Singapore government's mechanism for utilizing foreign medical personnel is easy and successful. Singapore strategically utilization foreign medical personnel to meet its healthcare needs. In addition, foreign medical personnel have several rights, including a basic salary and monthly allowances, health insurance, and income tax, which are not deducted from their pay. Therefore, Indonesia needs to adopt a policy system that is not limited to lex generalis but also becomes a guide that provides certainty in law enforcement and is not just a reference or boundary line for derivative regulations.
Legislative Framework for Decentralized Administration in Addressing River Pollution Syaprillah, Aditia; Fuad Shehab Shyyab
Journal of Sustainable Development and Regulatory Issues (JSDERI) Vol. 3 No. 1 (2025): 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.v3i1.39

Abstract

effectiveness, particularly concerning water pollution in river areas. This research examines the legislative framework for protecting river basins in Indonesia, focusing on water pollution. Using a normative legal research method with a conceptual approach, the study analyzes the current legislative provisions and their implementation. The findings reveal that while existing environmental protection laws and technical regulations for supervision and sanctions are in place, they have not been fully effective in preventing river pollution across various regions in Indonesia. The research suggests that a new legislative direction is necessary to support the successful implementation of environmental protection, advocating for sustainable and green legislation. It emphasizes the need for stronger administrative sanctions against individuals and corporations responsible for pollution and calls for enhanced oversight from national to local authorities. The study concludes that strengthening decentralized administration is crucial to ensuring that laws and regulations are correctly implemented, thereby addressing the persistent issue of river pollution and promoting long-term environmental sustainability.
Criminal Penalties for Foreigners Engaged in Illegal Fishing Indonesia's ZEE Impact SDGs Irawan, Aris; Asneliwarni; Julian Ransangan; Rachel Georghea Sentani
Journal of Sustainable Development and Regulatory Issues (JSDERI) Vol. 3 No. 1 (2025): 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.v3i1.42

Abstract

This research examines Indonesia's criminal law policy's readiness to address fisheries and maritime crimes within the Indonesian Exclusive Economic Zone (ZEEI) and its implications for achieving the Sustainable Development Goals (SDGs). However, in the UNCLOS 1982, Indonesia is prohibited from imposing imprisonment as a sanction for violations of the ZEEI, allowing only fines as penalties. In addition to normative issues, structural issues also pose challenges to effective law enforcement and threaten the success of Indonesia's SDGs in the fisheries sector. Using a normative legal research method with statutory, conceptual, and historical approaches. The study finds that Indonesia, as a signatory to UNCLOS 1982, must carefully adapt international rules into national laws without compromising its sovereignty. To achieve legal certainty, imprisonment as an alternative to fines should be considered. Fisheries crimes in ZEEI negatively impact SDGs by depleting fishery resources, destabilizing the economy, violating human rights, and causing environmental damage. Judges play a critical role as enforcers of legal certainty and protectors of Indonesia's national interests through the Judicial Power Law. This research underscores the need for legal reform to strengthen Indonesia’s sovereignty and sustainability in maritime law enforcement.
Achieving Sustainable Consumer Protection in the Era of Social Media Prastyanti, Rina Arum; Prattana Srisuk
Journal of Sustainable Development and Regulatory Issues (JSDERI) Vol. 3 No. 1 (2025): 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.v3i1.52

Abstract

The endorsement problem on Instagram is related to the rampant practice of non-transparent influencer marketing, which can mislead consumers and damage public trust in brands. Therefore, there are challenges and opportunities to achieve sustainable consumer protection in the era of social media, especially Instagram. This research explores how existing regulations can be updated to protect consumers more effectively and analyzes the role of influencers in maintaining advertising transparency in realizing Sustainable Consumer Protection. The method used is normative juridical with a conceptual approach, legislation, case studies, and comparative. The research results show that, first the development of technology and social media has influenced how entrepreneurs interact with consumers but also carries the risk of misleading marketing practices. Strengthening the legal framework and more effective law enforcement are needed to protect consumers from losses. In Indonesia, sustainable consumer protection can be achieved by encouraging ethical marketing practices and transparency, which align with the Sustainable Development Goals (SDGs). Second, in Thailand, despite challenges, existing regulations can support a balance between marketing innovation and sustainable consumer rights protection. Third, expanding regulations in Indonesia is also essential to improve consumer protection in the digital era. While endorsement practices on Instagram often lead to ethical violations, Indonesia does not yet have a specific policy regarding influencers. Therefore, increasing awareness and clear regulations will ensure more transparent, fair, and ethical marketing practices on social media platforms like Instagram.
Indonesia’s Safeguarding of Human Rights to Achieve Sustainable Development Goals: Insights from Australia’s Experience Andini, Orin Gusta; Muhammad Riyan Kachfi Boer
Journal of Sustainable Development and Regulatory Issues (JSDERI) Vol. 3 No. 1 (2025): 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.v3i1.53

Abstract

Indonesia has undertaken numerous initiatives to protect human rights through ratified national and international legal frameworks. However, challenges remain as violations of fundamental human rights persist. This article examines Indonesia's efforts to protect human rights through sustainable development and compares them with Australia's approach to achieving sustainable development goals (SDGs) by upholding human rights. The study employs a normative legal research method, utilizing statutory and case approaches. Primary and secondary data sources, including relevant human rights legislation, were analyzed qualitatively to address the research objectives. The findings indicate that Indonesia is committed to the SDGs and identified national targets aligned with Goal 16, emphasizing peace, justice, and strong institutions. While Indonesia and Australia face similar challenges in achieving the SDGs, Indonesia can draw lessons from Australia’s experience, particularly in strengthening the localization of SDGs and adopting objective success measures. Implementing data-driven evaluations of progress, gaps, and opportunities will enable Indonesia to formulate relevant policies and improve SDG outcomes. Adopting such measures is crucial for Indonesia to advance its human rights agenda and sustainable development efforts more effectively.
Examining Human Rights Abuses on Religious, Cultural, and Political Intolerance in Nigeria Aidonojie, Paul Atagamen; Ismaila, Hassan; Eregbuonye Obieshi; Omobolanle Omolola Ikpotokin
Journal of Sustainable Development and Regulatory Issues (JSDERI) Vol. 3 No. 1 (2025): 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.v3i1.55

Abstract

Over the years the concept of human rights has gained global recognisition and both the international community and Nigeria have taken necessary legal steps to secure the rights of every individual from any form of abuse. However, despite this measure, there seems to be a high rate of human rights abuse in Nigeria often necessitated by several factors. Hence, the need for this study to examine the factors often resulting in high levels of human rights abuse in Nigeria. The study adopts a doctrinal method of study relying on primary and secondary sources of research material such as laws and scholarly literature. The data obtained were analysed through descriptive and analytical methods of research. The study found that there are laws in Nigeria that tend to prohibit human rights abuse, however, there seems to be a high level of human rights intolerance resulting in human rights abuse. The study further found that religious, cultural, and political intolerance are the major causes of human rights intolerance resulting in human rights abuse. The study further concludes and recommends that resolving the issues of human rights intolerance resulting in human rights abuse requires enhanced public awareness through advocacy and education, religious and cultural reorientation on the need to respect human rights. Furthermore, there is a need to ensure political accountability, and transparency, curtail the incidence of corruption, and the establishment of independent monitoring bodies to safeguard human rights.
Zakat and Waqf Synergies to Accelerating Sustainable Development Mukhlishin; Jelang Ramadhan; Imam Khomeini Hayatullah
Journal of Sustainable Development and Regulatory Issues (JSDERI) Vol. 3 No. 1 (2025): 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.v3i1.56

Abstract

Integrating zakat and waqf offers significant potential to address multidimensional issues such as poverty, social inequality, and sustainable development. However, fragmented management, limited public understanding of productive waqf, and a lack of digital integration hinder the optimization of their synergy. This research explores the integration of zakat and waqf to support Indonesia's Sustainable Development Goals (SDGs), particularly within local communities. Using a qualitative literature review approach, the study analyzes the potential, challenges, and opportunities of zakat and waqf integration through thematic analysis of secondary data from academic articles, institutional reports, and legal documents. The findings indicate that zakat and waqf can meet urgent needs, such as food security and health services, while also funding long-term projects like education and agriculture. However, fragmented governmental management, poor public awareness of productive waqf, and inadequate digital integration hinder their full potential. Digital technology plays a transformative role by enhancing transparency, fostering community participation, and improving the integration of zakat and waqf management. This synergy represents a promising strategy to advance the SDGs in Indonesia. Further empirical studies and technological advancements are recommended to optimize this collaboration and ensure its impact on sustainable development.

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