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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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Spatial Policy Regarding Carbon Trading for Climate Change Mitigation in Indonesia: Environmental Justice Perspective Firmandayu, Nilam; Abdalrhman, Ayman Alameen Mohammed
Journal of Law, Environmental and Justice Vol. 3 No. 1 (2025): 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.v3i1.113

Abstract

Environmental protection assurances in spatial plans for carbon trading zones have not been stringently enforced despite their comprehensive overlap with carbon absorption areas in forested regions.  This study examines deficiencies in legal rules to offer solutions for equitable policy frameworks in climate change mitigation.  The research is normative and employs a statutory method.  This research indicates three legal issues associated with the legal vacuum: the absence of regulation concerning the classification of strategic carbon zones and the jurisdiction of pertinent organizations.  Secondly, recommendations for policy direction include the formulation of strategic carbon zoning provisions within the Spatial Planning Law, the incorporation of carbon zoning regulations into regional spatial plans, and the draughting of a revision to Presidential Regulation Number 98 of 2021 in collaboration with policymakers concerning special delegation to relevant institutions.  This paper offers an overview of the spatial policy model for carbon trading within the environmental justice and climate change mitigation framework.
Formal Requirements for Class Action Lawsuits in Environmental Cases in Indonesia: Problems and Solutions Kurniawan, Itok Dwi; Septiningsih, Ismawati; Handayani, Fitri; Ikrimah , Afridah
Journal of Law, Environmental and Justice Vol. 3 No. 1 (2025): 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.v3i1.114

Abstract

Class action lawsuits serve as a vital instrument in the enforcement of environmental law, particularly in advocating for the interests of affected communities. Although the regulation of class actions has been recognized in Indonesian legislation, such as Law Number 23 of 1997 in conjunction with Law Number 32 of 2009, as well as Supreme Court Regulation (PERMA) Number 1 of 2002, its implementation continues to face various legal and technical challenges. One of the main issues is the frequent rejection of environmental class action lawsuits by courts on the grounds of not meeting formal requirements. Therefore, the purpose of this paper is to identify procedural obstacles in the implementation of class actions and to provide policy recommendations to improve public access to environmental justice. This study employs a normative juridical method using a statutory approach. The findings indicate that PERMA Number 1 of 2002, as the legal basis for class action lawsuits, is no longer responsive to contemporary developments. To address this, two primary solutions are proposed: first, to elevate the status of PERMA to a law; and second, to establish environmental courts as a specialized forum for resolving environmental disputes. It can be concluded that a more comprehensive regulatory reconstruction and harmonization of norms within Indonesia’s civil judicial system for environmental matters is necessary to ensure the effectiveness of environmental protection through the class action mechanism.
Blue Carbon Regulations and Implementation in Several Countries: Lessons for Indonesia Zaid, M; Ricky, Ricky; M H Sedera , Rakotoarisoa
Journal of Law, Environmental and Justice Vol. 3 No. 1 (2025): 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.v3i1.117

Abstract

This research seeks to examine novel concepts in global carbon emission reduction initiatives. According to several kinds of literature, the mitigation of carbon emissions can be achieved through the Blue Carbon Ecosystem (EKB) idea.  EKB is a concept that enhances aquatic regions to sequester carbon emissions.  EKB aims to mitigate carbon emissions and positively influences the national economy, particularly benefiting coastal areas.  This study employs a normative legal research methodology utilizing a conceptual, legislative, and comparative law approach. Research findings indicate that Indonesia has established regulations regarding blue carbon in Presidential Regulation 98 of 2021 pertaining to Carbon Economic Value.  Nonetheless, the existing regulation has inadequately facilitated the implementation of blue carbon in Indonesia. The findings indicate that 1) The blue carbon concept in Indonesia presents a significant opportunity to mitigate emissions and serve as an economic resource through the Carbon Economic Value scheme; 2) Various countries have successfully implemented blue carbon initiatives to harmonize environmental and economic considerations, emphasizing legal protection, institutional frameworks, and community engagement; 3) The regulatory framework for blue carbon in Indonesia exhibits several deficiencies, including a lack of regulatory coherence, overlapping authorities, insufficient community involvement, and an absence of equitable benefit distribution
Post-Mining Land Use Regulations and Practices in the United States of America: Lesson for Indonesia Saputra, Rian; Hanum, Willy Naresta; Gunawan, Vincent Ariesto
Journal of Law, Environmental and Justice Vol. 3 No. 1 (2025): 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.v3i1.118

Abstract

This research assesses practices and legislation about post-mining land utilization in the United States. This paper examines insights from these practices and legislation within the Indonesian legal environment. This study employs a normative legal methodology within a comparative legal framework. The research indicates that the United States’s post-mining land use policies and practices are regulated by the Surface Mining Control and Reclamation Act (SMCRA) and different federal regulations supporting public purposes such as airports, shopping centers, and industrial zones. Rigorous supervision is enforced on post-mining land prior to its designation as appropriate for use. Specialized land management methods are implemented when mining occurs on prime agricultural land. The efficacy of reclamation is significantly contingent upon the use of scientifically substantiated optimal management practices that emphasize ecological restoration and biodiversity enhancement. Longitudinal studies in the United States about ecological reclamation demonstrate that effective strategies, including surface soil replacement and customized planting schemes, markedly enhance the likelihood of successful revegetation of former mining sites. The United States offers a robust framework underpinned by comprehensive policies and efficient implementation that Indonesia can adopt. Future adoption of post-mining land use policies and practices in Indonesia should establish a harmonious equilibrium that fosters sustainable development, preserves environmental integrity, and promotes active community engagement.
Intellectual Property Tourism in Indonesia: Environmental Conservation and Regional Economic Strengthening Saputro, Triyono Adi; Firdaus, Wahyu Tri Mohamad; Rahmawati, Awalia Rina; Safly, Afiq
Journal of Law, Environmental and Justice Vol. 3 No. 1 (2025): 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.v3i1.119

Abstract

The existence of intellectual property and tourism has a vital role in claiming business competition at the national and international levels. The urgency of this research is to analyze and examine the role of tourism intellectual property on environmental conservation and regional economy.  The purpose of this research is to analyze the concept of tourism intellectual property from the economic and environmental perspectives, examining its impact and benefits for strengthening the regional economy and preserving natural sustainability. This research is normative law with a conceptual and statutory approach supported by primary and secondary legal data. The results of this study indicate that the existence of tourism intellectual property has a multiplier effect which has a correlation in preserving the environment because it participates in maintaining and protecting natural resource products through the legality of intellectual property. In addition, the existence of tourism intellectual property not only helps preserve the environment on the other hand can be a form of strengthening the regional economy because the existence of products protected with intellectual property can increase selling value and be able to absorb labor and unemployment in the region can be reduced. The presence of the concept of intellectual property tourism can become an attraction for the region and elevate the region's image to external markets, thereby increasing the number of visiting tourists and making the area more famous.
Ecocide as an Environmental Crime: Urgency for Legal Reform in Indonesia Widiartana, Gregorius; Setyawan, Vincentius Patria; Anditya , Ariesta Wibisono
Journal of Law, Environmental and Justice Vol. 3 No. 2 (2025): Journal of Law, Environmental and Justice
Publisher : Ius et Ambientis

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62264/jlej.v3i2.129

Abstract

The increasing frequency and scale of environmental destruction in Indonesia, such as deforestation, mining disasters, and pollution of vital ecosystems, reveal the inadequacy of existing environmental criminal law to address crimes with transboundary and long-term ecological impacts. While Indonesian law recognizes environmental violations, it does not yet criminalize ecocide—a grave act of environmental harm—either as an extraordinary crime or as an international offense. This paper aims to explore the urgency of incorporating ecocide as a distinct criminal category in Indonesia’s legal system by analyzing the legal gaps and limitations in current legislation, particularly Law No. 32 of 2009 on Environmental Protection and Management. Employing a normative juridical method with a comparative legal approach, the study examines developments in countries such as Belgium and France that have begun codifying ecocide, as well as international efforts to include ecocide under the Rome Statute. The research finds that the absence of ecocide in Indonesian criminal law limits the state’s ability to deter and prosecute large-scale environmental crimes effectively. It concludes that the criminalization of ecocide, both nationally and as part of global legal harmonization, is crucial to achieving ecological justice and long-term environmental protection in Indonesia.
Legal Pluralism in Environmental Management: Evidence from Bali, Indonesia Aldyan, Arsyad; Aldyan, Rizal Akbar; Asmanda, Kartika Asmanda Putri; Alasttal, Abdelrahman Alasttal
Journal of Law, Environmental and Justice Vol. 3 No. 2 (2025): Journal of Law, Environmental and Justice
Publisher : Ius et Ambientis

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62264/jlej.v3i2.131

Abstract

This study explores the practice of legal pluralism in environmental governance through an in-depth analysis of customary law integration in Bali, Indonesia. As a province that maintains strong Indigenous legal traditions, Bali presents a unique setting where "awig-awig" (customary regulations), "subak" (irrigation institutions), and traditional villages actively contribute to natural resource management and ecological protection. The purpose of this research is to examine how these indigenous legal institutions operate alongside state environmental laws and to assess the normative and institutional synergies or tensions that arise. Employing a normative juridical method, this study analyzes constitutional provisions, statutory environmental regulations, and regional laws while integrating case illustrations from Penglipuran, Tenganan, and Ubud villages. The findings indicate that community-based enforcement mechanisms grounded in local norms and social sanctions provide resilient and context-specific approaches to sustainability. However, the coexistence of customary and statutory systems also exposes challenges related to authority fragmentation, legal uncertainty, and policy misalignment. The study concludes that enhancing the legal status of indigenous institutions and developing cooperative governance frameworks are essential steps toward achieving inclusive, adaptive, and culturally embedded environmental management. These findings contribute to the growing global discourse on legal pluralism and support the integration of Indigenous Ecological Knowledge (IEK) within national and international environmental agendas.
Advancing Ecological Justice through the Integration of Eco-Religion in Criminal Law Reform Fernando, Zico Junius; Dahwal, Sirman; Arifin , Firdaus; Maskur , Muhammad Azil; Muthia, Arini Azka
Journal of Law, Environmental and Justice Vol. 3 No. 2 (2025): Journal of Law, Environmental and Justice
Publisher : Ius et Ambientis

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62264/jlej.v3i2.133

Abstract

The accelerating global ecological crisis has exposed the limitations of anthropocentric and utilitarian paradigms embedded in conventional environmental criminal law. This article proposes the integration of eco-religion a spiritual worldview that regards nature as sacred and interdependent with human moral responsibility as a transformative foundation for ecological justice and legal reform. Drawing upon Islamic, Christian, Hindu-Buddhist, and indigenous environmental ethics, the study argues that spiritual values can provide normative depth and cultural legitimacy to reorient criminal law from a punitive model toward a restorative and justice-oriented framework. Utilizing a normative legal method enriched by conceptual, comparative, and futuristic approaches, the paper analyzes key international practices including those in Ecuador, Bhutan, France, and Uganda and explores their applicability to the Indonesian context. The study demonstrates that incorporating eco-religious values can elevate the legal standing of nature, reframe environmental crimes as moral transgressions, and empower local wisdom and constitutional principles such as Pancasila and the 1945 Constitution. Ultimately, this integration offers a culturally rooted and ethically grounded model of legal reform that redefines environmental harm as a crime against life systems, calling for accountability, restoration, and intergenerational justice.
Authority of the Ministry of Environment in the Investigation of Money Laundering from Environmental Crimes Daswanto, Daswanto; Manthovani, Reda; Ali, Hatta; Tarson, Eddie; Abdurahmonov, Farhod
Journal of Law, Environmental and Justice Vol. 3 No. 2 (2025): Journal of Law, Environmental and Justice
Publisher : Ius et Ambientis

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62264/jlej.v3i2.134

Abstract

This study aims to clarify the jurisdiction of Civil Servant Investigators (hereinafter referred to as PPNS) at the Ministry of Environment in the investigation of money laundering offenses related to environmental crimes. The author initially delineates the power of PPNS inside the Indonesian criminal justice system to provide a complete description. This research constitutes a normative legal analysis. The study's findings demonstrate that the Ministry of Environment has the jurisdiction to investigate money laundering offenses stemming from environmental crimes, particularly following the issuance of Constitutional Court Decision No. 15/PUU-XIX/2021. This decision broadens the investigative authority regarding money laundering, unifies disparate sectoral regulations, and establishes a legitimate legal framework for PPNS, especially within the Ministry of Environment and Forestry, to function as investigative entities in the national strategy against money laundering linked to environmental crimes. The Constitutional Court Decision No. 15/PUU-XIX/2021 significantly alters the framework of investigative authority concerning money laundering offences derived from environmental crimes, by conferring constitutional validity upon PPNS at the Ministry of Environment and Forestry to directly investigate money laundering as a subsequent offence to environmental crimes.
The Concept of State Control over Forests and Forest Areas in Indonesia Suparto, Suparto; Admiral , Admiral; Ardiansyah, Ardiansyah; Namazovna, Sultanova Dilshoda
Journal of Law, Environmental and Justice Vol. 3 No. 2 (2025): Journal of Law, Environmental and Justice
Publisher : Ius et Ambientis

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62264/jlej.v3i2.136

Abstract

Constitutionally, the concept of a state's right to control forests and forest areas is public and exercised through administrative permits, but it is often misunderstood as an absolute right, which can lead to mismanagement and ecological damage. This research aims to describe the concept of state attributive control over forests and forest areas through standardized permitting instruments. This type of research is normative, employing a statutory approach to analyze the basic concept of the state's right to control, that outlined in Article 33 of the 1945 Constitution of the Republic of Indonesia and relevant Indonesian regulations. This research shows, first, that the error in distinguishing between the concepts of rights and permits in forest control reflects the misconception that state authority is absolute, whereas it is attributed to the public interest. Second, it's important to understand that permits are a way for the government to control forests, which is done through permits for using forest products, area use permits, and environmental services, as explained in the Forestry Law, the Omnibus Law, and other related regulations. With this concept, forest utilization permits are not merely administrative instruments, but rather social and ecological contracts that involve violations of environmental

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