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Andri Winjaya
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INDONESIA
JURNAL HUKUM
Published by Universitas Islam Sultan Agung
ISSN : 14122723     EISSN : 27236668     DOI : http://dx.doi.org/10.26532/jh
Core Subject : Religion, Humanities, Social,
Religion Humanities Social Sciences
The aims of this journal is to provide a venue for academicians, researchers and practitioners for publishing the original research articles or review articles. The scope of the articles published in this journal deal with a broad range of topics, including: Criminal Law; Civil Law; International Law; Constitutional Law; Administrative Law; Islamic Law; Economic Law; Medical Law; Adat Law; Environmental Law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 14 Documents
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Search results for , issue "Vol 41, No 2 (2025): Jurnal Hukum" : 14 Documents clear
Indonesian Sea Sand Exports: UNCLOS Compliance v. Environmental Sustainability Dilemma Explored Gunawan, Yordan; Dananjaya, Muhammad Praditya; Aditama, Setiyantoro Wahyu; Onielda, Muhammad Daffa Auliarizky
Jurnal Hukum Vol 41, No 2 (2025): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jh.41.2.394-410

Abstract

This study aims to analyze the impact of Indonesia's sea sand exports on UNCLOS compliance and environmental sustainability. The methodology involved analyzing UNCLOS policies related to marine sediment exports and the environment, evaluating literature sources that included case studies and analyzing the impacts of sea sand exports, and fieldwork by conducting interviews with government officials, environmental experts, and local residents. The results highlight that Indonesia's export of marine sand violates UNCLOS and harms the environment. Therefore, sustainable measures are needed, including strict monitoring of exports, better environmental management, and involving communities in the decision-making process. In order to resolve this conflict, the Indonesian government needs to adopt a sustainable approach, recognize the impact on the environment, and involve various parties in an effort to maintain the sustainability of sea sand exports while complying with UNCLOS.
An Effective Environmental Dispute Resolution Model That Supports Environmental Sustainability Rochmani, Rochmani; Megawati, Wenny; Suliantoro, Adi; Ebuzer Ersoy, Muhammet
Jurnal Hukum Vol 41, No 2 (2025): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jh.41.2.277-295

Abstract

In resolving environmental disputes, it can be done through litigation or non-litigation. The purpose of this study is to examine and analyze an effective environmental dispute resolution model that can support environmental sustainability. The research method used is normative legal research to find the law for in-concocreto disputes. The environmental dispute resolution model through litigation with criminal law instruments preceded by an environmental impact study by a judge is more effective because it can carry out prosecution, environmental restoration. Effectiveness of Criminal Law Instruments in Resolving Environmental Disputes Through Litigation In judicial practice, prosecutors have broader coercive powers, such as detention, searches, faster executions. The results of research and innovation are effective environmental dispute resolution carried out through litigation with criminal law instruments preceded by an environmental impact study by a judge.
Reinforcing the Ultimum Remedium Principle in Environmental Law Enforcement: A Three-Layered Approach Under Law No. 32 of 2009 Suryawan, I Gusti Bagus; Aryana, I Putu Ngurah; Suryadi, Yohanes I Wayan; Krsna, M. Ngurah Arya Yogie; Guterres, Mirela Maria Ribeiro
Jurnal Hukum Vol 41, No 2 (2025): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jh.41.2.490-513

Abstract

Environmental law enforcement in Indonesia, particularly under Law No. 32 of 2009 on Environmental Protection and Management, faces persistent challenges in applying the principle of ultimum remedium—treating criminal sanctions as a last resort. This study aims to evaluate the effectiveness of non-criminal sanctions, namely administrative and civil measures, as prerequisites to criminal enforcement in environmental cases. Using a normative juridical method and descriptive-analytical approach, the research analyzes statutory regulations, judicial decisions, and enforcement practices in pollution cases, including hazardous and toxic waste violations. The findings reveal that administrative and civil sanctions remain weak due to limited supervision, lengthy civil procedures, and inadequate compensation mechanisms. Additionally, poor institutional coordination and limited enforcement capacity hinder the transition to criminal sanctions. Community involvement is also underutilized in supporting legal accountability. The study concludes that a more structured three-layered enforcement approach—integrating administrative, civil, and criminal mechanisms—is needed to uphold environmental justice. Strengthening institutional capacity and aligning reparative and retributive principles are essential to ensure the ultimum remedium principle operates effectively. These findings contribute to legal reform efforts and the development of sustainable environmental governance in Indonesia.
The State Defense Legal Politics: National Protection Based on Pancasila Justice Pramono, Budi; Salim, Ahmad; Izza, Noor Lailatul; Saputri, Mega Arum; Ariestino, Lutter
Jurnal Hukum Vol 41, No 2 (2025): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jh.41.2.514-527

Abstract

Indonesia's national defense legal policy must be built adaptively and based on Pancasila and the 1945 Constitution, by integrating military and non-military defense through a participatory, layered defense strategy. The purpose of this study is to analyze national defense regulations within the concept of the unitary state of the Republic of Indonesia and analyze national defense legal policy based on Pancasila justice. This research is based on Normative Law research. A Pancasila-based national defense legal policy emphasizes moral, humanitarian, and democratic values in building an inclusive, participatory, and adaptive defense system, while adopting strategic elements from global practices to enhance Indonesia's sovereignty and resilience amid evolving global threats. The novelty of this approach lies in integrating Pancasila's ethical and philosophical values as the foundational framework for national defense policy, shifting the focus from purely militaristic strategies to a holistic, people-centered security model. Additionally, it introduces an innovative blend of global best practices such as China’s technological integration, Scandinavia’s participatory governance, and Japan’s diplomatic defense stance while maintaining Indonesia’s unique identity rooted in social justice and sovereignty.

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