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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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Enhancing local revenue with land and construction tax incentives: fair and balanced tax approaches Kusumastuti, Dora; Musa , Hussein Gibreel
Journal of Law, Environmental and Justice Vol. 1 No. 3 (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.v1i3.11

Abstract

PBB-P2 tax (Land and Building Tax-Rural and Urban) and other valid sources provide local revenue. In article 10 of Regulation of the Minister of Finance of the Republic of Indonesia Number 208/PMK.07/2018 for the Assessment of Rural and Urban Land and Building Taxes, "The Regional Head determines the amount of NJOP (Tax Object Selling Value) of Land and Building every 3 (three) years, except for certain tax objects that can be determined annually in accordance with the development of the region." One technique to optimize PBB revenue is to update NJOP data. One way to enhance municipal revenue legally is with a tax stimulus. Empirical legal research uses induction reasoning to analyze primary and secondary data. The goal is to determine a lawful and compliant local tax optimisation policy. NJOP is significantly higher now. NJOP increases by 1–8 times. Through a mayoral regulation on PBB-P2 stimulus in 2023–2025, the Local Government hopes to reduce social turmoil by gradually increasing the value of the Land and Building Tax assessment.
Role and position of Indonesian Medical Disciplinary Honour Council: fair medical dispute resolution Khalif Ardi, Muhammad; Laksito, FX Hastowo Broto; Laurent, Andriamalala
Journal of Law, Environmental and Justice Vol. 1 No. 3 (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.v1i3.15

Abstract

The main aim of this study is to offer a detailed account of the role and status of the Medical Ethics Council of Indonesia (MKDKI) in promoting the fair resolution of medical disputes in Indonesia. This study is a form of normative legal research. The research findings suggest that MKDKI should be the designated authority for resolving medical disputes since it has the requisite expertise in applying professional discipline in the medical domain. Moreover, MKDKI is a reputable organization assessing whether a physician has breached professional disciplinary norms. The phrase "can" in Article 66 paragraph (1) of Law Number 29 of 2004 governing Medical Practice includes the option to file a complaint against MKDKI or choose not to do so. Legal ambiguity may arise, requiring substituting the term "can" with "must." Consequently, all grievances related to medical matters must be addressed exclusively through MKDKI as an obligatory measure. Conducting a judicial review of Article 66, paragraph (1) of Law Number 29 of 2004 regarding Medical Practice is essential. Furthermore, it is crucial to consider the jurisdiction of the Medical Council of Indonesia (MKDKI) in establishing compensation for parties involved in disputes. For the sake of legal precision for both medical professionals and the general population, every decision made by the MKDKI (Medical Knowledge and Decision-making Institute) must be thoroughly evaluated.
In-depth Review: Legal review on human rights enforcement in the ASEAN and EU context Pratiwi, L. yes Esty; Saputro, Triyono Adi; Rahman , Kholilul; Arifin, Samsul; Islam, Muhammad Saiful
Journal of Law, Environmental and Justice Vol. 1 No. 3 (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.v1i3.16

Abstract

ASEAN is one of the regional organizations without an inter-governmental regional human rights machinery. In addition, ASEAN must respond to the new phenomenon that human rights are no longer merely a problem within a country, but have become a problem between countries. On this basis the author carries out a legal comparison, because one of the points stated in the objectives in The ASEAN Charter, namely: respecting fundamental freedoms, promotion and protection of human rights, and promotion of social justice, as well as the establishment of an ASEAN human rights body, as a step to guarantee more concrete human rights certainty in ASEAN. The method used in this research is legal research with a common-core method approach which in general is the application of the functional method which is expanded by using the law in context method. The aim of this research is to unify the mechanisms for law enforcement and protection of human rights in ASEAN which are related to the authority of regional human rights institutions in deciding cases of violations of human rights so that they are in accordance with the objectives contained in the ASEAN Charter.
Monodualistic and Pluralistic Punishment Politics in Criminal Code Reform: Lessons from Indonesia Mahendra, Januar Rahadian; Emovwodo, Silas Oghenemaro
Journal of Law, Environmental and Justice Vol. 1 No. 3 (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.v1i3.17

Abstract

This research analyzes the problem of punishment in the current Criminal Code because there is a mismatch of socio-political, socio-philosophical, and socio-cultural foundations. This study also analyzes the problems in the current Criminal Code punishment due to the strong retributive influence on punishment so that imprisonment becomes the sole answer for judges in deciding cases. In connection with the various problems of punishment in the Criminal Code, efforts are made to reform the Criminal Code, which is adjusted to the socio-political, socio-philosophical, and socio-cultural foundations so that the reform of the Criminal Code has a mono-dualistic and pluralistic nature. The purpose of this research is to find how the concepts of mono-dualistic and pluralistic influence the reformation of the Criminal Code as well as the political direction of punishment in the reformation of the Criminal Code. Based on the research, the author found that the mono-dualistic and pluralistic nature of the Criminal Code reform influences the material expansion of the principle of legality. In addition, criminal code reform has a contemporary direction that prioritizes not only deterrent effects but also rehabilitative efforts so that it can restore social functions.
Executability of the Constitutional Court's formal testing decision: Indonesia's Omnibus Law review Saputra, Rian; Zaid, M; Triasari, Devi
Journal of Law, Environmental and Justice Vol. 1 No. 3 (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.v1i3.18

Abstract

This legal writing analyses the incoherence in the use of Government Regulations in Lieu of Laws as an implementation of the Constitutional Court's Decision on the Formill Test of Laws by using Constitutional Court Decision Number 91 / PUU-XVIII / 2020 as a study material and trying to describe future precedents to the formal test decision, which Perpu continues to improve. It uses case, statute, and conceptual approaches to conduct normative legal research. The study found that: a. The Constitutional Court Decision Number 91/PUU-XVIII/2020 declared the Job Creation Law conditionally unconstitutional because its formation was not based on reasonable and correct procedures for the formation of laws and regulations or radically deviated from the principle of lawmaking. Constitutional Court Decision Number 91/PUU-XVIII/2020 requested that the Job Creation Law, which was declared conditionally unconstitutional, be revised through a good and correct mechanism for law and regulation formation, which includes community participation. In the context of the president's attitude towards using Government Regulation in Lieu of Law to comply with the Constitutional Court Decision No. 91/PUU-XVIII/2020, the use of the Perpu mechanism to improve the Job Creation Law negates public participation as a fundamental part of the process of forming good laws and regulations.
Ecological justice in environmental criminal sanctions for corporations in Indonesia: Problems and Solution Saputra, Rian; Usada, Albertus; Islam , Muhammad Saiful
Journal of Law, Environmental and Justice Vol. 2 No. 1 (2024): 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.v2i1.19

Abstract

This study examines the ecological justice approach to imposing criminal sanctions on corporations in Indonesia for environmental crimes. The author also discusses the challenges associated with implementing this approach and aims to explain the measures and principles involved in regulating sanctions for environmental crimes committed by corporations while ensuring a balance between ecological justice and legal certainty. This study employs a normative legal research methodology, utilising a case-based approach, a statutory approach, and a conceptual approach. The research findings indicate that the regulation of fines for environmental restoration has implemented an ecological justice strategy focused on safeguarding the environment. Nevertheless, there are concerns regarding legal certainty in addressing the balance between ecological justice and legal certainty. This can be achieved through various means, including a. incorporating effective measures and specific types of improvement into criminal sanctions for environmental restoration and b. prioritising additional criminal sanctions for environmental restoration as the primary form of punishment while taking into account the importance of legal certainty.
Judicial Perspectives on the Equitable Resolution of Anti-SLAPP Cases: Insights from Indonesia Rachmawaty, Rachmawaty; Gunawan, Matthew Marcellinno; Nurviani, Novi
Journal of Law, Environmental and Justice Vol. 2 No. 1 (2024): 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.v2i1.88

Abstract

This research examines Indonesian judges' views on Anti-SLAPP case settlement and their philosophical approach. This research prescribes doctrine. The research shows that the judge's Pancasila-based Anti-SLAPP judgement needs to be revised. When the community raises environmental concerns, the practice repeats. The community will be punished in whatever way is necessary to eliminate participation. Development that harms the environment but enriches the government and corporations will continue. Based on these facts, it is known that the regulation and application of Anti-Slap in Indonesia are still being made to provide justice for all elements due to limited regulation. The lack of legal protection for environmental fighters in Indonesia shows why judges' rulings are not founded on Pancasila justice. The five Pancasila precepts guide courts' anti-SLAPP dispute resolution. A judge's ruling that exhibits legal certainty helps find the proper law while resolving court matters. Judges must consider customary and unwritten social laws when making decisions because the law may not regulate.
Reform of the Criminal Law System in Indonesia Which Prioritizes Substantive Justice Nurcahyo, Nanang; Ricky, Ricky; Laksito, FX. Hastowo Broto; Manitra , Ramalina Ranaivo Mikea
Journal of Law, Environmental and Justice Vol. 2 No. 1 (2024): 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.v2i1.91

Abstract

Indonesia is presently undergoing a reform of its criminal law system to decolonize the existing criminal legislation that persists. The existing criminal law, which the Netherlands has influenced, currently emphasizes corporal punishment and does not offer avenues for crime victims to seek compensation. However, efforts are underway to reform the criminal code and introduce provisions that allow compensation to be awarded to victims of criminal offenses. This is undertaken within the framework of Indonesia's endeavor to establish a criminal justice system that is compassionate and capable of achieving meaningful principles of fairness
Illiberal Peace in Sri Lanka: Reasons and Achievements of the Resulting Peace Adhira, Putri; Triasari, Devi
Journal of Law, Environmental and Justice Vol. 2 No. 1 (2024): 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.v2i1.92

Abstract

Sri Lanka is one example that is often raised in the literature to describe what then categorized as illiberal peace process. In this country, the illiberal peace process needs to be seen as an new political option from Presiden Mahinda Rajapaksa to end a prolonged civil war. This study focused to answer two questions: (1) the reasons why President Mahinda Rajapaksa more prefer choose illiberal peace and (2) the peace created after the war was stopped in Sri Lanka. The study found at least three reasons behind President Mahinda Rajapaksa illiberal decision: the issue about threat of prolonged domectic instability, the ineffectiveness of negotiations, and finally, about political opportunity. About peace after war, this study found Sri Lanka led to the formation of a negative peace order.
Examining Indonesian Government Policies in Tackling Deforestation: Balancing Economy and Environment Mahendra, Januar Rahadian; Aldyan, Rizal Akbar; Emovwodo, Silas Oghenemaro
Journal of Law, Environmental and Justice Vol. 2 No. 1 (2024): 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.v2i1.93

Abstract

The Indonesian government has implemented specific measures that have negatively impacted the environmental sector to enhance economic growth. In response to worldwide pressure and growing internal awareness, the Indonesian government implemented "pro-environment" policies by endorsing many international and regional accords and revising legislation. This article examines the Indonesian government's policy orientation in addressing deforestation, specifically whether the strategy prioritises economic or environmental considerations. Through the utilisation of normative juridical research methodologies, a statutory approach and a case approach, it was determined that the policies issued by the Indonesian government conflict with one another. These policies encompass several issues. Firstly, granting Forest Concession Rights, which should ideally prioritise forest sustainability, unfortunately, leads to extensive forest destruction. Secondly, the haphazard granting of concession permits is another concern. Lastly, the MP3EI and MIFEE programmes conflict with Law Number 32 of 2009, resulting in a significant loss of 76% of peat land in Papua. Furthermore, the lack of robust law enforcement regarding deforestation also exacerbates the accelerated pace of deforestation. Thus, it is evident that the Indonesian government is giving more importance to the economic sector than the environmental sector.

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