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Journal of Law, Environmental and Justice
Published by CV Ius Et Ambientis
ISSN : 30317215     EISSN : 30317045     DOI : http://doi.org/10.62264
Core Subject : Social,
Environmental Science Law, Crime, Criminology & Criminal Justice
The Journal of Law, Environment and Justice is an open-access, double-blind, peer-reviewed legal journal published by Ius Et Ambientis in March, July and November three times a year. JLEJ is intended as a medium for the dissemination of research results focusing on environmental law issues, including Environmental Policies, Sustainable Development Goals, Environmental Justice, and Ecological Justice in developing countries. We therefore invite original contributions on environmental law issues. By the same token, we also welcome papers relating to all areas of public law, legal theory, legal justice and philosophy, and legal history as they relate to environmental issues. The journal welcomes contributions from scholars in related disciplines. However, novelty and recency of issues are prioritized in publishing.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 46 Documents
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The establishment of simple lawsuit rules in business disputes in Indonesia: an challenge to achieve fair legal certainty Gunawan, Matthew Marcellinno; Fathoni, M Yazid
Journal of Law, Environmental and Justice Vol. 1 No. 1 (2023): Journal of Law, Environmental and Justice
Publisher : CV. Ius et Ambientis

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62264/jlej.v1i1.1

Abstract

This study aims to prescribe the importance of rethinking the regulation of the execution of simple lawsuits in the justice system in Indonesia, considering that simple lawsuits have many advantages as an alternative for resolving civil and business disputes. This research is normative legal research with a law approach, a conceptual approach, and a comparative law approach. The countries used for comparison are Singapore, the Netherlands, and the United States. The study results show that legal uncertainty regarding the mechanism of the simple lawsuit court decision is a factor that must be considered if you want a simple lawsuit to be one of the models of dispute resolution in the business and civil disputes that exist in Indonesia. This should be the homework of the government or the Supreme Court in establishing clear rules regarding the procedure for the execution of a simple lawsuit. This is important to do to provide clarity and legal certainty for the parties.
The impact of climate change on water resources and food security in Indonesia Rizal Akbar Aldyan
Journal of Law, Environmental and Justice Vol. 1 No. 1 (2023): Journal of Law, Environmental and Justice
Publisher : CV. Ius et Ambientis

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62264/jlej.v1i1.2

Abstract

The agricultural industry in Indonesia is facing a significant challenge in the form of climate change, particularly with regards to its impact on water resources. Climate change has various consequences, such as diminished precipitation, compromised water quality, and alterations in water availability. These outcomes pose significant risks to both food security and the long-term viability of agricultural output. The vulnerability of the water sector on Java Island is further intensified by factors such as population growth, land use changes, excessive utilization of water resources, and the expansion of infrastructure. The phenomenon of diminishing water discharge and alterations in water quality has emerged, posing a risk to water resources and substantial reservoirs. There is a pressing need for enhanced comprehension and proactive measures to effectively mitigate the repercussions of climate change on Indonesia's water resources.
The theory and practise of legal feminism: examining its impact on the representation of women in Indonesia Novita Alfiani; Nesita Anggraini
Journal of Law, Environmental and Justice Vol. 1 No. 1 (2023): Journal of Law, Environmental and Justice
Publisher : CV. Ius et Ambientis

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62264/jlej.v1i1.3

Abstract

This paper examines Indonesian legal feminist theory on public sector women representation. Data is collected and analyzed by observation in this sociological legal research. According to the findings, gender inequality underpins a variety of attitudes and activities that promote equal rights. Elizabeth Cady Stanton's feminism was founded on the conflict. The pursuit of rights requires active lobbying, which has sparked social change, mostly through new laws passed by governments. Feminist legal consciousness shapes legislation. However, legal culture appears to affect activists' different methods of communicating their goals. As pre-18th-century nations, Britain and America have faced political turbulence caused by feminists campaigning for women's suffrage. The UK addressed the matter by legislation, while the US changed the constitution. Contrary to Indonesia, where women's political rights were recognized later, equality was achieved by affirmative action laws to increase women's political representation. However, following socioeconomic shift also limited affirmative action implementation, hindering democratic progress.
A examination on personal data protection in metaverse technology in Indonesia: a human rights perspective Hanita Mayasari
Journal of Law, Environmental and Justice Vol. 1 No. 1 (2023): Journal of Law, Environmental and Justice
Publisher : CV. Ius et Ambientis

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62264/jlej.v1i1.4

Abstract

The objective of this study is to elucidate the challenges presented by technological advancements, namely digital metaverse technology, with regard to safeguarding personal data in Indonesia. This study also investigates these issues via the lens of human rights. The research methodology employed in this study encompasses a mixed approach, combining socio-legal and normative research methods. The research findings indicate that there is a pressing need for the safeguarding of personal data in Indonesia, particularly in light of the escalating number of incidents and the advancement of the information technology sector. The significance of metaverse technology should not be underestimated, thereby necessitating a thorough legislative reform to address the associated difficulties. The enactment of the PDP Law represents the initial measure taken by the government to establish a framework for the administration of personal data protection. The active participation of all stakeholders, particularly those in the digital economy industry, is vital in the formulation and implementation of rules. Additionally, it is crucial to adhere to the principles of Data Protection By Design and By Default. The PDP Law encompasses various significant provisions that can be utilised by the Indonesian government to enforce personal data protection measures and impose penal consequences upon those who breach the regulations stipulated within this legislation. The PDP Law serves as a legal framework that holds applicability not only inside national boundaries but also extends to international jurisdictions, particularly in the context of the contemporary metaverse.
Policy discrimination against the minority group of flows of believers citizens in Indonesia: an administrative justice perspective Fx Hastowo Broto Laksito
Journal of Law, Environmental and Justice Vol. 1 No. 1 (2023): Journal of Law, Environmental and Justice
Publisher : CV. Ius et Ambientis

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62264/jlej.v1i1.5

Abstract

This study examines discrimination against aliran kepercayaan adherents in Indonesia, despite the Constitutional Court Decision Number 97/PUU-XIV/2016 recognizing their existence. This study found that human rights are inherent in humans and essential to life. Constitutional Court considerations include religious rights, particularly the right to believe in God Almighty, and affirmation that the rights are constitutional rights of citizens, not state gifts. The Constitutional Court also considered the definition of'religion' and 'belief' In conclusion, the Constitutional Court carefully and gradually applied Indonesian cultural values to the issue. The Constitutional Court believes the state should respect, preserve, and fulfill religious rights including the right to believe. The Constitutional Court Decision No. 97/PUU-XIV/2016 states that adherents of the faith have constitutional rights to embrace their beliefs and allows their status to be included in population administration documents, such as the electronic identity card. However, administrative service practices in Indonesia seem to still not be well implemented, which harms a sense of justice, especially administrative justice, which requires openness, confidentiality, transparency, justice, efficiency, accountability, consistency, participation, rationality, equality, and equal treatment.
Establishment of Land Court in Indonesia: an effort to realise justice based on Pancasila Fathoni, M. Yazid; Vasalo, Acacio Fernandez
Journal of Law, Environmental and Justice Vol. 1 No. 2 (2023): Journal of Law, Environmental and Justice
Publisher : CV. Ius et Ambientis

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62264/jlej.v1i2.6

Abstract

The complexity of land problems is currently less able to be resolved by the general court so the handling of many land cases is incomplete. Otherwise, the land issues are not only related to private issues but are public and administrative. It is not surprising then that sometimes several court decisions can be attached to one land object, both from the ownership issued by the District Court and the Religious Court and from the administrative concerning the issuance of a certificate of title to the land by the State Administrative Court. This often provides a long time process and uncertain land ownership. This condition increasingly distances the parties from achieving a simple, fast, low-cost justice system and far from a settlement model based on the principles of Pancasila. This article will examine the urgency of establishing a land court to create a simple, fast, and low-cost land court, and a land dispute resolution model under the Pancasila values.
Policy on the Management of Rohingya Refugees in Aceh: State Sovereignty versus Justice? Mawardi, Chalik; Hanum, Farah
Journal of Law, Environmental and Justice Vol. 1 No. 2 (2023): Journal of Law, Environmental and Justice
Publisher : CV. Ius et Ambientis

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62264/jlej.v1i2.7

Abstract

The influx of Rohingya ethnic refugees into Indonesia sparked controversy and rejection due to their lack of formal documentation. The influx of these migrants was intensified by the global situation, characterised by a COVID-19 epidemic classified by the World Health Organisation as a pandemic, leading several governments, including the Indonesian government, to restrict admission for foreign nationals. Despite Indonesia's non-ratification of the 1951 convention and the 1967 Refugee Status Protocol, the country still assists refugees once they have entered Indonesian territory. This is closely tied to the country's commitment to upholding the principle of protecting and guaranteeing human rights, as stated in the initial paragraph of the 1945 Constitution. This legal document aims to examine the extent to which the government and other players have fulfilled human rights in their attempts to address the Rohingya ethnic refugee crisis amidst the COVID-19 outbreak in Indonesia. The author of this legal document employs a normative juridical approach method to align relevant legal rules with ethical practises in the sector. The findings of this study demonstrate that the local government in Lhokseumawe Aceh took various measures to address the Rohingya ethnic refugees during the COVID-19 pandemic. These measures included the implementation of policies such as establishing a task force and a working group dedicated to refugee management. Additionally, there was a collaborative effort involving the local government, humanitarian organisations, and the local community to ensure that the human rights of the refugees, as individuals entitled to freedom, were upheld.
Child and women domestic abuse victims' social health insurance protection: an affirmative justice perspective Sasono, Satryo; Isharyanto, Isharyanto; Putri, Delasari Krisda
Journal of Law, Environmental and Justice Vol. 1 No. 2 (2023): Journal of Law, Environmental and Justice
Publisher : CV. Ius et Ambientis

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62264/jlej.v1i2.8

Abstract

As the times develop, the more complex the problems faced, one of which is problems related to the family, namely domestic violence (KDRT). The emergence of violence results in victims who must be protected, both physically and psychologically. The protection provided to victims of domestic violence is legal protection and health protection. Health social security for victims is an important factor needed by victims of violence, legal protection for victims is no less important considering that until now there are still not many victims who report acts of domestic violence that have befallen them. Based on the description above, it becomes an interesting problem which is outlined in the formulation of the problem as follows: 1) Cases of violence and influencing factors; 2) Principles of health insurance protection for victims of domestic violence; 3) Legal protection efforts for children and women as victims of domestic violence. Thus, the focus of this research is how the urgency of regulation on the protection of victims of criminal acts in obtaining social health insurance. This research is a normative-empirical legal research (applied law research) that uses case studies in the form of legal behavior products. This research is a normative legal research that is perspective analysis with a statutory approach. The result of this research is the importance of social health insurance and legal protection for victims of domestic violence.
Establishing ecological justice in the governance of land inventory, ownership, and utilisation in Indonesia Basuki, Agung; Zaid, M; Mohamed Musa , Alnour Abobaker
Journal of Law, Environmental and Justice Vol. 1 No. 2 (2023): Journal of Law, Environmental and Justice
Publisher : CV. Ius et Ambientis

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62264/jlej.v1i2.12

Abstract

This study analyses ecological justice in Inventory, Tenure, Ownership, Use, and Utilisation of Land (IP4T) governance as required by TAP MPR IX/2001 and Government Regulation No. 16/2004 on Land Administration. This study uses a normative legal research technique with legislative and conceptual approaches. According to the author's study, ecological justice is included in IP4T legislation in TAP MPR IX/2001 and Government Act 16 of 2004 on Land Development. The rules of the two legal instruments promote ecological justice, sustainable development, and damage prevention. Article 23 of Government Regulation No. 16/2004 requires all Spatial and Regional Plans to include the IP4T map. This map goes beyond land ownership, use, and utilization. The IP4T dataset also assesses land capabilities and evaluation, including ecological features of the land. Thus, a region's Spatial and Regional Plan must remove IP4T data on land tenure, use, evaluation, and capabilities. Article 3, Article 5, and Article 6 Paragraph (2) of TAP MPR IX/2001 define ecological justice. In practice, these discrepancies impede ecological justice. These inconsistencies are rampant in implementing IP4T (Integrating Principles for Transition) in the mining industry.
Why have Indonesian murderers not paid victims' heirs? Nurcahyo, Nanang; Manitra, Ramalina Ranaivo Mikea
Journal of Law, Environmental and Justice Vol. 1 No. 2 (2023): Journal of Law, Environmental and Justice
Publisher : CV. Ius et Ambientis

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62264/jlej.v1i2.13

Abstract

The crime of murder results in material and non-material losses for the victims who experience it. The families of victims murder crimes or the heirs are the ones who suffer the most losses following a murder incident that claims the lives of family members or loved ones. Criminal law in Indonesia still does not really prioritize punishment in the form of compensation, so that if heirs want to get compensation they have to submit an application or go through a separate route, this results in the value of substantial justice in criminal law not being upheld, this is proven by the lack of obligations. Compensation in the form of restitution that is mandatory for perpetrators of crimes. To respond it, a new way of upholding substantial justice is needed. By using doctrinal research methods, pre-existing legal sources related to the research theme are searched for. The research results show that several efforts are needed to uphold substantial justice in criminal law, namely the re-actualization of criminal law and the provision of a special forum for heirs to demand compensation directly. In this way, substantial justice can be upheld in criminal law and without going through requests or independent efforts

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