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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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Corruption Eradication in Four Asian Countries: A Comparative Legal Analysis Mahendra, Januar Rahadian; Edwin Setiawan; Hellend , Arbend Ficasso Van
Journal of Law, Environmental and Justice Vol. 2 No. 2 (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.v2i2.98

Abstract

Corruption has both direct and indirect impacts on various sectors. Therefore, anti-corruption efforts are needed in each country to eradicate it. This study discusses the problem of corruption law enforcement in Indonesia by comparing it with Hong Kong, Singapore, and South Korea. The selection of these countries is based on their similarities in having anti-corruption institutions and a long history of corruption as a result of colonialism. This study uses a normative legal method supported by data to produce comprehensive research. The discussion in this study is divided into two, namely by providing a general overview of corruption law enforcement in each country and the problem of law enforcement in Indonesia by comparing it with Hong Kong, Singapore, and South Korea. Based on this study, it can be seen that Indonesia still has complex and systemic problems so that its corruption law enforcement is still weak. The problems that occur include weak political will, corruption eradication that still focuses on the public sector, conflicts of interest between law enforcement agencies, intervention by political elites, criminalization of law enforcers, weak independence, and the absence of supporting laws, a culture of gratification that is still deep-rooted
Reducing Community Participation in the Preparation of Environmental Impact Assessments (EIA): Evidence from Indonesia Broto Laksito, FX Hastowo; Bawono , Aji; Ikrimah , Afridah
Journal of Law, Environmental and Justice Vol. 2 No. 2 (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.v2i2.101

Abstract

Globalisation compels nations to adapt to contemporary advancements, including enhancing economic growth through policies designed to attract investment from diverse foreign enterprises. Legal instruments should not be viewed solely as tools that cater to human interests; instead, they serve as mechanisms for community development to ensure the survival of humans, the environment, and other living organisms by the principles of sustainable development encompassing economic, social, and environmental considerations. This research examines favourable legislative restrictions in Indonesia that diminish community engagement in formulating Environmental Impact Assessments, potentially exacerbating environmental degradation. The findings indicate that modifications in regulatory standards within the Job Creation Law about the environmental sector, compared to the Environmental Protection and Management Law, have diminished the involvement of environmental observers in formulating Environmental Impact Assessments, now solely acknowledging affected communities. Members of the environmentalist community play a vital role in evaluating the implications of a company's actions, which is essential for preserving environmental sustainability and promoting sustainable development. The article's conclusion highlights policymakers' and lawmakers' need to comprehend the law's significance in attaining sustainable development objectives. The diminished role of community involvement in preparing Environmental Impact Assessments, which possess greater insight into potential environmental harm, signifies a deterioration in democracy in Indonesia.
Ecological Justice-Based Reclamation and Post-Mining Regulations in Indonesia: Legal Uncertainty and Solutions Wicaksono, Muhammad Bagus Adi; Rahmawati , Wiwit
Journal of Law, Environmental and Justice Vol. 2 No. 2 (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.v2i2.103

Abstract

This study seeks to delineate the reasons that reclamation and post-mining rules in Indonesia now lack a foundation in ecological justice and to propose future regulations that embody ecological justice in post-mining reclamation. This study employs normative legal research through statutory and conceptual methodologies. The findings indicate that the regulatory framework governing reclamation and post-mining responsibilities for coal voids lacks a foundation in ecological justice, as it excludes considerations for non-human and non-living entities within the legal parameters of reclamation and post-mining obligations. The issue begins with the overlapping legal framework and the lack of implementing rules, as well as the procedure for establishing reclamation guarantee funds. The legal framework is suboptimal, and there is no dedicated agency or commission addressing reclamation and post-mining responsibilities. A regulatory framework for the reclamation and post-mining responsibilities of coal voids, grounded in ecological justice, which incorporates considerations for non-human and non-living entities, establishes a dedicated institution to oversee reclamation and post-mining duties in collaboration with the Ministry of Environment and Forestry and the Ministry of Energy and Natural Resources, and introduces mechanisms for reclamation and post-mining guarantees, specifically in the form of non-cash instruments or bonds. Revise the regulatory framework for reclamation and post-mining responsibilities
Regional Spatial Regulation in Riau Province: Policy Formation Problems and Solutions Suparto, Suparto; Santos, Jose Gama
Journal of Law, Environmental and Justice Vol. 2 No. 2 (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.v2i2.104

Abstract

Regional Regulations (Perda) are statutes enacted by the Regional Head and DPRD that govern the welfare and utility aspects of the region. The Regional Spatial Planning (RTRW) rule is a crucial local ordinance that governs land allocation according to specified functions throughout various regions. The formulation of a Provincial Spatial Planning Regulation is significantly more intricate than other rules, necessitating the consideration and integration of diverse interests and the participation of several institutions, as demonstrated in the development of the Riau Provincial Spatial Planning Regulation. Following an extensive process, the Governor of Riau promulgated Regional Regulation (Perda) No. 10/2018 concerning the Regional Spatial Plan of Riau Province, with the subsequent particulars: 1. Area under cultivation measures 8,067,344 hectares. The protected region encompasses 945,532 hectares of a total expanse of 9,012,876 hectares. Despite the Regional Regulation concerning the Regional Spatial Plan and establishing the Regional Regulation on the Regional Spatial Plan of Riau Province, some concerns persist, specifically the clearance of land allocated for oil palm plantations within forested regions or for reforestation initiatives. This is difficult as it necessitates the deforestation of hundreds of thousands of hectares of oil palm plantations. Consequently, if executed meticulously, this will safeguard the ecosystem, particularly in the lack of legislation governing the restoration of land formerly converted to oil palm farms. The Government should promptly establish an implementing regulation as the legal foundation for oversight, preferably in the form of a presidential regulation
Eliminating Ecological Damage in Geothermal Energy Extraction: Fulfillment of Ecological Rights by Proposing Permits Standardization Hanum, Willy Naresta; Ha , Tran Thi Dieu; Firmandayu, Nilam
Journal of Law, Environmental and Justice Vol. 2 No. 2 (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.v2i2.105

Abstract

The rights of living things and inanimate objects in an ecological unity must be fulfilled in a balanced and fair manner. However, the shift in licensing arrangements to approve geothermal utilization in conservation forest areas has degraded the power of supervision. Likewise, the non-rigidity of the standardization of geothermal permit criteria has also resulted in the utilization of geothermal energy not being by the principles of ecological justice. This study is a normative study that uses a legislative approach by analyzing legal materials. The regulations used relate to geothermal regulations and licensing. The main theories used for the analysis are ecological justice and the triangle of energy. This study shows that, first, the issuance of geothermal permits should be strengthened by returning the requirements for approval of forest area utilization and environmental approval to remain in the form of permits to provide legal force for supervision and control of geothermal impacts in forest areas and the environment in general. Second, geothermal utilization permits in conservation forest areas need to be standardized. This study recommends changes to geothermal regulations that adopt the values of ecological justice, which are fair to humans and non-humans. Geothermal utilization must be supported to carry out the energy transition, but guarantees of rights for non-humans in ecosystem units must be given proportionally. Non-humans must not suffer losses due to the tendency of natural resource utilization, which only benefits the economic aspect of humans.
Coal Post-Mining Reclamation Policies in Several Countries: Lessons for Indonesia Wicaksono, Muhammad Bagus Adi; Triasari, Devi
Journal of Law, Environmental and Justice Vol. 2 No. 3 (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.v2i3.106

Abstract

This study seeks to delineate coal post-mining reclamation regulations in the United States, Australia, and China. Subsequent analyses are performed to enhance the control of coal post-mining reclamation in Indonesia. This research employs a comparative and conceptual law approach that aligns with the research aims. The findings indicate that in the United States and China, coal reclamation and post-mining arrangements are executed through guarantees in the form of cash or bonds, governed by specific legislation, and overseen by designated institutions with the authority to manage post-mining reclamation responsibilities while facilitating public involvement in the planning of coal post-mining reclamation initiatives. Indonesia needs more specific legal legislation controlling coal post-mining reclamation guarantees and a designated agency empowered to manage post-mining reclamation responsibilities
Existence of Human Rights Protection in Land and Mining Conflicts: Evidence from Indonesia Hanum, Willy Naresta; Zaman, Muhamad Nafi Uz
Journal of Law, Environmental and Justice Vol. 2 No. 3 (2024): Journal of Law, Environmental and Justice
Publisher : Ius et Ambientis

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62264/jlej.v2i3.107

Abstract

Human rights should not be subject to reduction under any circumstances except where such reductions are explicitly justified by law. In agrarian conflicts, regulations governing land acquisition may infringe upon individuals' fundamental rights, including land ownership rights, in the name of public interest. However, the extent to which the law can diminish the fundamental rights of citizens remains a subject of ongoing debate. This study explores how human rights can be preserved in agrarian conflicts, particularly those involving land acquisition for public interest, followed by mining disputes.  This doctrinal research employs a statutory, conceptual, and case study approach. The findings indicate that human rights in land and mining conflicts can be upheld if there is alignment between legal frameworks, the actions of field officers, and the idealism of judges in making rulings that prioritize protecting human rights. Moreover, the concept of land acquisition for public interest should not be construed as automatically granting the government the right to repurpose land for other purposes, even when such purposes are related to the primary objective of the land acquisition.
Ecological justice in Indonesia and China post-mining land use? Saputra, Rian; Zaid, M; Gunawan, Matthew Marcellinno; Pei-Chi , Wu
Journal of Law, Environmental and Justice Vol. 2 No. 3 (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.v2i3.108

Abstract

This paper thoroughly examines the regulation and implementation of post-mining land use in Indonesia and China. This study employs a statutory and comparative legal approach to examine both countries’ regulations and utilization of post-mining land. The research findings indicate that Indonesia lacks legal rules for post-mining land utilization. The Mineral and Coal Mining Law in Indonesia and other legislation solely governs the transfer of post-mining land from companies to eligible parties via the Minister, Governor, or Regent/Mayor. These provisions indicate that post-mining land use in Indonesia continues to adopt an anthropocentric perspective and has not yet embraced ecological justice. In China, the utilization of post-mining land is modified to align with ecological, social, and economic requirements, designating it for agricultural purposes, straw cultivation, and infrastructure, including agricultural land, straw fields, grasslands, forests, wildlife habitats, biofuel crops, and areas designated for industrial, commercial, and residential development. Interestingly, when the decision is made to convert post-mining state land into agricultural land, following feasibility approval by local authorities in China, the transfer is granted to rural communities collectively or to those surrounding the post-mining area for management as agricultural land.
Discourse of Ecological Damage as a State Financial Loss: Evidence from Indonesia Hartanto, Ponco; Wijaya, Subagio Gigih; Chancy, Riamy
Journal of Law, Environmental and Justice Vol. 2 No. 3 (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.v2i3.110

Abstract

This study examines the prevailing focal point in Indonesia's public discourse, recognizing that corruption offenses significantly influence economic conditions and social dynamics. Notably, in the context of combating corruption in Indonesia, there exists a discourse that acknowledges ecological and environmental losses as forms of state financial losses. This perspective consequently paves the way for categorizing every environmental crime as a potential corruption offense. This study employs a normative legal framework, utilizing case law, statutory analysis, and conceptual methodologies. The research findings indicate that framing ecological loss as a financial detriment to the state is plausible. In instances of corruption leading to environmental degradation and the depletion of natural resources, the assessment of environmental damage must be integrated into the broader context of state losses or the state's overall economy. Ultimately, it is inevitable that the government will be responsible for all expenses associated with reinstating the function and significance of the environment as a matter of public interest that requires preservation
Local Wisdom-Based Environmental Management Policy in Indonesia: Challenges and Implementation Aldyan, Arsyad; Putri, Kartika Asmanda; Aldyan, Rizal Akbar; Alasttal, Abdelrahman
Journal of Law, Environmental and Justice Vol. 2 No. 3 (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.v2i3.100

Abstract

Local wisdom encompasses community-derived knowledge and practices transmitted through generations, highlighting the importance of balance with the environment. In Indonesia, traditional methods like the size in Papua and subak in Bali are crucial for maintaining ecological equilibrium. This study seeks to investigate the influence of local wisdom on environmental management and assess the degree to which Indonesian environmental policy facilitates or obstructs its application. This research employs a normative legal method and literature analysis to analyze laws, regulations, and customary practices about environmental governance. The findings indicate that although several legislative instruments—such as Law No. 32/2009 on Environmental Protection and Law No. 5/1990 on Conservation—recognize and endorse traditional knowledge, obstacles remain. Modernization, divergent commercial interests, and insufficient local government backing frequently marginalize Indigenous knowledge. Furthermore, the execution of policies is often inconsistent and occasionally detrimental. The study asserts that incorporating indigenous knowledge into environmental policy formulation is crucial for sustainable resource management in Indonesia. Enhancing legal acknowledgment, promoting multi-stakeholder cooperation, and increasing policymakers' awareness are essential.  Acknowledging local knowledge guarantees ecological sustainability and promotes social fairness for indigenous populations

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