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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 90 Documents
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Achieving Sustainable Ecological Justice through Land Transfer Regulation in Indonesia Efata, Ayik Christina; Retno Mawarini; Widyorini Indriasti Wardani; Mohammad Ishaque Husain
Journal of Sustainable Development and Regulatory Issues (JSDERI) Vol. 4 No. 1 (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.v4i1.275

Abstract

This study examines the legal implications of land conversion as a process that alters land use either partially or entirely and consequently affects environmental sustainability and the productive capacity of land resources. The increasing transformation of agricultural land into non-agricultural uses reduces the availability of productive farmland and generates serious challenges for government authorities in maintaining food security and ensuring sustainable land governance. Economic growth, urban expansion, and development policies frequently encourage the conversion of agricultural land and thereby intensify pressure on the availability of land that supports long term agricultural production. These conditions require a regulatory framework that is capable of balancing development interests with the protection of agricultural land resources. This research analyzes the regulatory framework governing the conversion of sustainable food agricultural land into non-agricultural uses, identifies the factors that create the absence of legal certainty in its implementation, and formulates a reconstruction of regulatory policies that can strengthen legal certainty in land governance. The study applies a normative juridical research method supported by empirical data and uses statutory, conceptual, and comparative approaches to examine the issue systematically. The analysis demonstrates that first, the legal system has integrated land conversion regulation within the broader framework of sustainable agricultural land protection and spatial planning governance. Second, implementation has not produced adequate legal certainty because uncontrolled land conversion continues to occur, land use practices frequently diverge from spatial planning policies, regulatory substance remains weak, law enforcement operates ineffectively, and institutional coordination remains limited. Third, strengthening legal certainty requires regulatory reconstruction through harmonization of regulatory instruments, improvement of mapping mechanisms supported by field verification, and stronger coordination between central and regional governments.
Good University Governance and Its Role in Reaching Quality Education SDGs Amir Firmansyah; Zul Karnen; Suparji, Suparji; Aris Machmud
Journal of Sustainable Development and Regulatory Issues (JSDERI) Vol. 4 No. 1 (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.v4i1.288

Abstract

This study examines the increasing demands of globalization by asserting that higher education institutions must develop governance systems that operate effectively and ensure accountability. It argues that the implementation of Good University Governance functions as a strategic instrument to reinforce transparency, accountability, and participatory management within higher education institutions. The study investigates whether such implementation can significantly enhance educational quality in accordance with sustainable development objectives. Employing a normative legal research method, this research applies statutory, conceptual, and comparative approaches, including a comparison with governance practices in Malaysia and Singapore. The findings demonstrate that first, the implementation of Good University Governance substantially improves the quality of university governance by promoting institutional transparency, accountability, and responsiveness to societal needs. Second, higher education institutions encounter persistent challenges in implementing Good University Governance, particularly in relation to inadequate infrastructure, limited human resource capacity, regulatory inconsistency, and weak monitoring and transparency mechanisms. Third, the study formulates legal strategies that prioritize regulatory strengthening, effective supervision, protection of stakeholder rights, and the integration of technology to establish adaptive, transparent, and accountable governance systems that support the realization of quality education within the framework of sustainable development.
Reassessing Mass Media Reporting as Criminal Evidence in Indonesia toward Social Media Justice Arief Setia Nugroho; Amad Sudiro; Hery Firmansyah
Journal of Sustainable Development and Regulatory Issues (JSDERI) Vol. 4 No. 1 (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.v4i1.289

Abstract

The criminal justice system enforces legal norms and delivers justice by relying on legally admissible evidence as the foundation of judicial decision making. In Indonesia, the legislature enacted Law No. 20 of 2025 to reform the evidentiary system, replace the previous Criminal Procedure Code, and expand the categories of admissible evidence under Article 235 from five to eight types, including the formal recognition of electronic evidence. This reform accommodates the increasing role of digitalisation in legal processes and integrates contemporary forms of evidence into the criminal justice framework. This study analyses the implications of the evidentiary reform and examines the interpretation of mass media reporting as a source of factual information in criminal proof. The research applies a normative legal method, employs conceptual and socio legal approaches, and conducts qualitative descriptive analysis of statutory regulations and legal doctrines. The findings demonstrate that, first, mass media reporting disseminated through digital platforms qualifies conceptually as electronic documents within the expanded evidentiary framework. Second, such reporting functions as a supplementary evidentiary source when it fulfils the principles of legality, authenticity, verification, and relevance. Third, despite this potential contribution, mass media reporting lacks independent probative value and therefore cannot serve as conclusive evidence in criminal proceedings.
From Procedural to Substantive Morality: Participation Problem on Lawmaking in Indonesia Made Hendra Wijaya; Komang Sutrisni; Mohd Shafiee Bin Hamzah
Journal of Sustainable Development and Regulatory Issues (JSDERI) Vol. 4 No. 1 (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.v4i1.231

Abstract

This research demonstrates that lawmaking in Indonesia prioritizes procedural compliance while confining public participation to a symbolic and ineffective function in achieving substantive moral legitimacy. This orientation obstructs the transition from procedural morality to substantive morality and weakens the relationship between law and morality, which remains susceptible to political interests and lacks a coherent normative foundation. This research aims to examine the participation deficit in Indonesian lawmaking and to reconstruct the integration of morality by bridging the gap between formal participation and substantive moral legitimacy. This research employs a normative juridical method through conceptual, statutory, and comparative approaches to analyze the structure and function of participatory mechanisms. The findings reveal that symbolic participation constitutes the principal weakness in Indonesian lawmaking, as institutions satisfy procedural requirements without ensuring that public participation shapes normative outcomes, thereby producing a gap between formal legality and moral legitimacy. Comparative analysis demonstrates that effective institutional design enables participation to function as a substantive mechanism that articulates and realizes public interests within the legal system. This research develops a three-layer framework. First, the material element ensures that participation reflects substantive public interests and societal values within legal norms. Second, the formal element ensures that participatory procedures operate effectively, inclusively, and systematically within the lawmaking process. Third, the obligation element requires institutions to process, respond to, and incorporate public input into binding legal outcomes. This research concludes that reconstructing participation as a determinative institutional mechanism aligns legal processes with substantive moral outcomes, strengthens public trust, and secures sustainable legal legitimacy in Indonesia.
Rethinking Criminal Liability of Beneficial Owners in Tax Crime Enforcement Nopriyandi Nopriyandi; Amad Sudiro; Hery Firmansyah
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.v4i2.285

Abstract

The development of the global economy and the increasing complexity of corporate ownership structures have created significant challenges in enforcing tax crime regulations. Ownership arrangements involving multiple intermediary entities often enable beneficial owners to conceal their identities, raising questions regarding whether criminal liability can effectively be attributed to the beneficial owner. This study aims, first, to analyze the legal construction of criminal liability of beneficial owners in tax crimes in Indonesia. Second, it seeks to identify weaknesses in the enforcement of criminal liability against beneficial owners in tax-related offenses. Third, the study proposes a reconstructed legal policy model that positions the beneficial owner as a subject who can be held criminally liable. This research employs a normative legal research method with primary approaches consisting of statutory, conceptual, and comparative analyses. The sources of data consist of primary legal materials and secondary legal materials. First, the complexity of corporate ownership structures highlights the importance of the beneficial owner concept in identifying individuals who ultimately control and derive economic benefits from corporations, although Indonesian regulations have not yet explicitly linked this concept to criminal liability in tax law enforcement. Second, law enforcement efforts continue to encounter obstacles due to regulatory frameworks and evidentiary systems that remain largely formalistic and focus primarily on administrative subjects, thereby making it difficult to reach the substantive actors behind corporate structures. Third, a reconstruction of the legal framework is required through regulatory reform, enhanced transparency of ownership structures, and the integration of registration systems along with stronger institutional coordination to effectively hold beneficial owners accountable.
Artificial Intelligence in Islamic Law: Ethics, Governance, and Accountability Enas Qutieshat; Majed Al Adwan; Maya Khater
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.v4i2.236

Abstract

Muslim countries increasingly adopt Artificial Intelligence technologies, creating challenges related to accountability, explainability, discrimination, and oversight, while existing regulatory frameworks remain insufficient to govern high risk Artificial Intelligence systems comprehensively. This study examines the regulatory shortcomings of Artificial Intelligence governance in selected Muslim countries and formulates an Islamic governance framework based on the principles of Maqāṣid al Sharīʿah. The study applies normative legal research through statutory, comparative, and Islamic legal philosophical approaches to evaluate existing regulatory models and identify normative gaps. The analysis demonstrates three principal findings. First, existing regulatory frameworks do not adequately regulate explainability standards, algorithmic auditing mechanisms, judicial review procedures, and legal liability for automated decisions. Second, the widespread use of opaque algorithmic systems in digital surveillance, financial technology, and public administration increases the potential for indirect discrimination, unequal legal relationships, and disproportionate exercises of discretionary authority. Third, the principles of ḥifẓ al ʿaql, ḥifẓ al māl, and ḥifẓ al ʿird establish normative foundations that support explainability, meaningful human oversight, privacy protection, and economic justice within Artificial Intelligence governance.
Assessing the Impact of Ecofeminist Policy on Gender and Environmental Practices Muhammad Asif; Yassine Chami; Mohamad Abou Adel; Mohammad Alhourani; Moustafa Abouelnour
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.v4i2.251

Abstract

Global environmental degradation and persistent gender inequality continue to challenge the achievement of sustainable development in Pakistan. Although Pakistan has ratified the Convention on the Elimination of All Forms of Discrimination Against Women and adopted the Sustainable Development Goals, the government still implements environmental and gender policies in a fragmented and sectoral manner. Policymakers continue to prioritize normative approaches that fail to address patriarchal domination, women’s marginalization, and environmental exploitation in an integrated framework. This study examines the urgency of strengthening ecofeminist policies within a sustainable socio ecological framework that promotes gender justice and environmental sustainability. The research applies a juridical normative method combined with a comparative policy approach through an examination of environmental governance practices in Pakistan and Sierra de Santa Rosa. The findings reveal that Pakistan has not established comprehensive policies capable of integrating gender equality with environmental governance. In contrast, Sierra de Santa Rosa implements a participatory and community-oriented model that enables women to contribute actively to environmental conservation, sustainable agriculture, and local economic development. This study concludes that Pakistan must strengthen gender responsive environmental governance by integrating institutions, encouraging community participation, increasing women’s involvement in decision making processes, and promoting cross sectoral collaboration to achieve long term socio ecological sustainability.
The Impact of Regulations on Social Protection Integration within the United Arab Emirates Value-Added Tax Ibrahim Al Shawabkeh; Enas AlQodsi; Mouaid Al Qudah
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.v4i2.253

Abstract

Value-Added Tax (VAT) was introduced in the United Arab Emirates as part of a fiscal reform strategy aimed at diversifying state revenue sources and strengthening the sustainability of the non-oil economy. Although VAT primarily functions as an instrument for generating state revenue, VAT regulations in the UAE also demonstrate the integration of social protection dimensions through the implementation of zero-rated supplies and tax exemptions for strategic sectors. However, there has been limited research examining whether these policies have been effective. Therefore, this study aims, first, to analyze the extent to which UAE legislators have accommodated social protection aspects within VAT regulations; second, to identify the forms and challenges of integrating social protection into VAT implementation; and third, to formulate an ideal regulatory model capable of balancing revenue optimization, fiscal justice, and sustainable economic development. This study employs normative legal research using statutory, comparative, and conceptual approaches. The findings indicate that, first, VAT regulations in the UAE have undergone a functional transformation into an instrument of social protection intended to reduce the regressive impact of consumption taxes and maintain public access to basic necessities. Second, the effectiveness of integrating social protection within the VAT system continues to face several challenges, including administrative complexity, selective and conditional regulations, and limited public tax literacy. Therefore, more adaptive regulatory reforms, simplification of administrative procedures, and policy harmonization among government institutions are required to ensure that the VAT system functions more effectively, equitably, and sustainably.
Unregulated Orthodontic Practice and Its Implications for Equity and Sustainability in Public Health Himmaturojuli Rosyid Ridlo; Retno Mawarini Sukmariningsi; Inge Hartini; Clarizze Yvoine Mirielle
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.v4i2.355

Abstract

Fixed orthodontic treatment improves oral function, dental aesthetics, and malocclusion correction within dental health services. Patients frequently select general dentists because they offer affordable and accessible treatment. However, the absence of comprehensive regulations governing the authority of general dentists in fixed orthodontic procedures creates legal uncertainty and increases potential risks to patient safety. This study examines the regulation of fixed orthodontic services provided by general dentists, identifies factors that hinder the improvement of public health outcomes, and evaluates the urgency of strengthening legal regulations governing fixed orthodontic treatment. The research applies an empirical normative legal method by using secondary legal materials as primary data and primary field data as supporting evidence. The study further analyzes statutory regulations concerning the authority of general dentists in fixed orthodontic practice and assesses their implementation within dental health services. The findings demonstrate that first, orthodontic treatment in Indonesia is generally regulated as a specialized service requiring specific professional competence, although existing regulations have not fully met the public’s need for affordable and accessible care. Second, the limited number and unequal distribution of orthodontic specialists, high treatment costs, and low public awareness regarding professional competence encourage many patients to seek treatment from general dentists. Third, these conditions create legal, ethical, and professional challenges, thereby requiring adaptive regulatory reforms through competency-based training, stricter supervision, and stronger collaboration among the government, professional organizations, and educational institutions to ensure safe, equitable, and high-quality orthodontic services in Indonesia.
Implementation of Substantive Justice in Juvenile Serious Crime Cases in Indonesia Made Sinthia Sukmayanti; AAA. Ngurah Tini Rusmini Gorda
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.v4i2.372

Abstract

Legal protection for children in conflict with the law constitutes an essential component of the state's responsibility to ensure the fulfillment of children's fundamental rights as a vulnerable group within society. Nevertheless, the increasing involvement of children in serious crimes indicates that the juvenile criminal justice system in Indonesia continues to face significant challenges in achieving substantive justice. This study aims to analyze the implementation of substantive justice in addressing juvenile offenders involved in serious crimes and to formulate an ideal juvenile criminal justice model grounded in the principles of justice. The research employs a socio-legal method with statutory and conceptual approaches. The findings reveal that the implementation of substantive justice has not yet been fully optimized due to several factors, including normative disharmony between child protection principles and the limitations imposed on diversion within the Juvenile Criminal Justice System Law, the predominance of a retributive approach, inconsistencies in judicial decisions, and the inadequacy of rehabilitation facilities. Accordingly, a reconstruction of the juvenile criminal justice system is required through a collaborative restorative model that places rehabilitation, social reintegration, the protection of children's rights, victim recovery, and societal interests in a balanced framework as its primary orientation.

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