cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Rian Saputra
Contact Email
journaloflawandjustice@gmail.com
Phone
+6282226152475
Journal Mail Official
journaloflawandjustice@gmail.com
Editorial Address
JL. Gunung Slamet I, No. 17, RT 001, RW 021 Banjarsari, Kec. Banjarsari, Kota Surakarta, 57138
Location
Kota surakarta,
Jawa tengah
INDONESIA
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
 1   2   3   4   5 
The Rights of Victims of Environmental Crimes in Indonesia: Challenges for Legal Reform Tarigan, Fransisco; Hartiwiningsih, Hartiwiningsih; Rustamaji, Muhammad; Annisa , Intan Baretta Nur; Gunawan, Matthew Marcellinno
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.v3i2.130

Abstract

Environmental crimes in Indonesia pose significant risks to both the ecosystem and human welfare. Notwithstanding established legal frameworks, the rights of victims of these offences frequently remain insufficiently addressed. This essay analyzes the current state of victim rights regarding environmental crimes in Indonesia, emphasizing the challenges in their enforcement and suggesting pathways for legal reform. Utilising a green victimology framework, it examines the legislative stipulations for victim compensation, restitution, and rehabilitation, juxtaposing them with international benchmarks. This study employs a normative juridical methodology, complemented by case study analysis and an examination of current regulatory instruments, to identify various structural deficiencies, including normative gaps, ineffective law enforcement mechanisms, and the absence of formal procedures for compensation and substantial victim involvement in legal proceedings. The research identifies key obstacles, including insufficient law enforcement, challenges in establishing causation and quantifying damages, restricted access to justice for marginalized groups, corporate influence, and inadequate support systems for victims. The essay ultimately presents policy proposals aimed at strengthening the legislative framework, enhancing enforcement capabilities, advocating for restorative justice, increasing access to justice, and fostering community empowerment to achieve more sustainable environmental justice in Indonesia.
Empowering the Tri Hita Karana Paradigm for the Community: As an Effort to Prevent and Combat Environmental Crime Saefudin, Yusuf; Rakhmatullah, Bha'iq Roza; Mohd Hassan, Fareed; Ma'ruf, Ma'ruf; Kurnianingsih, I Desak Ketut Dewi Satiawati
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.v3i2.166

Abstract

This article explores the integration of Tri Hita Karana, a Balinese philosophical framework emphasizing harmony among humans, nature, and the divine, as a paradigm of community empowerment in addressing environmental crimes. Environmental crimes, such as illegal logging, pollution, and land degradation, not only threaten ecological sustainability but also undermine social justice and cultural values. Conventional law enforcement often encounters limitations in ensuring compliance and fostering ecological justice, especially when community participation is weak. This study argues that Tri Hita Karana can function as a cultural-legal tool to strengthen collective awareness, enhance preventive measures, and support restorative approaches in environmental law enforcement. By adopting normative legal research and conceptual analysis, the article highlights how the principles of Tri Hita Karana can be integrated into legal frameworks and community-based practices, thereby reinforcing environmental governance. Ultimately, the integration of Tri Hita Karana promotes ecological justice by balancing punitive measures with values of harmony, sustainability, and community empowerment. The findings indicate that incorporating Tri Hita Karana values into environmental law enforcement enhances community participation, encourages environmentally responsible behavior, and provides a restorative dimension to legal practices. This integration not only contributes to more effective prevention and mitigation of environmental crimes but also reinforces the pursuit of ecological justice
Cluster Based Classification of River Water Pollution Using K-Means for Policy Intervention and Environmental Justice in Central Java, Indonesia Andi, Tri; Lu’ay Khoironi , Moh.; Kusuma , Candra Juni Cahyo; Khairunnisa, Khairunnisa
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.v3i2.132

Abstract

The lack of technical parameters for water pollution clustering exacerbates the fragmentation of authority, weak supervision, and disharmony between regions, making it necessary to normalize classifications in technical regulations to ensure standardization and adequate ecology. This research aims to develop a policy design for classifying river water pollution in accordance with environmental justice theory. This type of research employs empirical legal research approach with a statistical focus on environmental regulations, utilizing case studies from several cities/districts in Indonesia and Central Java Province as samples for factual analysis. This research shows, first, that the issue of river pollution in Indonesia reveals a weak effectiveness of regulations and governance, thereby urging the implementation of an environmental justice framework based on polluter clustering according to regional typology characteristics. Second, the clustering results obtained using the K-Means method are divided into three clusters: Cluster 0, Cluster 1, and Cluster 2. Third, this research recommends the design of a river pollution classification policy based on environmental justice theory, which demands the normative standardization of pollution clusters in the Regulation of the Minister of Environment and Forestry, in order to create a formal legal instrument.
Environmental Law Enforcement in the Citarum River Pollution Case: Lessons from the UK and India Amalia, Mia; Salim, Christopher Surya; Adjrun, Hasanah Subahli
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.v3i2.151

Abstract

The Citarum River is a strategic resource for millions of West Java residents, supporting household, agricultural, fishery, and industrial needs. However, heavy pollution from industrial, agricultural, and domestic waste causes ecological damage and threatens the community's fundamental rights to health, clean water, and a healthy environment. This background underlies the importance of studying environmental law enforcement in the Citarum River Basin, considering the close relationship between human rights perspectives and criminal law provisions. This study aims to analyze the effectiveness of environmental law enforcement in Indonesia, specifically in the Citarum pollution case, and compare it with the experience of the United Kingdom in the Thames River case and India in the Ganges River case. The method used is a juridical-normative approach with a comparative approach, through a review of legislation, court decisions, and national and international academic literature. The results show that environmental law enforcement in Indonesia still tends to be administrative and civil, thus not providing an adequate deterrent effect for polluters. In contrast, the United Kingdom has succeeded in strengthening compliance through strict criminal sanctions, while India emphasizes pollution as a violation of citizens' constitutional rights. The conclusion of this study is the need for an integrative model that combines criminal liability with human rights protection, so that environmental law enforcement in Indonesia can be more effective, fair, and sustainable, particularly in efforts to restore the Citarum River.
Asset Recovery from Mining Corruption: Rationality, Urgency, and Challenges for Environmental Restoration La Ode Ghondohi; H.M. Said KArim; Muhadar, Muhadar; Ali Rahman; Maratovna , Yessentemirova Aigul
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.v3i2.172

Abstract

The state is entitled to demand asset recovery against mining corruption and/or illegal mining for alleged abuse of power, but the Corruption Crime Law only focuses on the confiscation of assets as an economic exchange value, so standardization of allocations for ecological recovery is needed as an effort to restructure post-mining land. This research aims to clarify the concept of ecological based asset recovery related to corruption cases in the mining sector, specifically within the context of Indonesia's Asset Confiscation Law. This type of research is normative, employing a statutory approach to rationalize facts and establish a legal basis for recovering assets derived from criminal acts of corruption in vital natural resources. This research shows, first, the results of the rationality research in the form of arguments that manipulative actions in the mining sector with indications of gaining profits are corruption, corruption in the mining sector is an act that is detrimental to state finances, and the mining sector is an exploitative activity that requires allocation of ecological recovery. Second, the Draft Law on Asset Confiscation is recommended to regulate the systematic confiscation of mining corruption proceeds, aiming not only to support economic recovery but also to facilitate ecological recovery. This regulation encompasses asset management, the allocation of ecological loss costs, the allocation of economic losses, and the allocation of ecological recovery costs.
Victims of Crime and Environmental Pollution in Indonesia: The Right to Restitution and Legal Inadequacies Andi Sundari; Irwansyah, Irwansyah; Iin Karita Sakharina; Muhammad Irwan; Inamovich, Rasulov Ilkhom
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.v3i2.178

Abstract

The implementation of the right to restitution for victims of environmental crimes in Indonesia has shifted to bureaucratic compensation, which weakens the polluter pays principle related to social accountability for impacts. This research aims to clarify how regulation and law enforcement relate to the right of victims of environmental crimes to restitution, utilizing the concept of restorative justice grounded in social ecology. This research is normative, employing a comparative study approach with Germany, Austria, Switzerland, and China to draft ideal recommendations for the implementation of the right to restitution. This research shows, first, that although Law No. 32/2009, Government Regulation No. 22/2021, and Supreme Court Regulation No. 1/2022 affirm the right to a healthy environment and the obligation to provide restitution, the mechanism for victims of environmental crimes is not yet clear, necessitating legal strengthening for adequate restoration. Second, a comparison of Germany, Austria, Switzerland, and China shows that Indonesia needs to emphasize restitution mechanisms for victims of environmental crimes through clear regulations oriented towards socio-ecological restoration. Third, the right to restitution for victims of environmental crimes in Indonesia, which is guaranteed by the Constitution and the Human Rights Law, is still weak in implementation, so it is necessary to strengthen the polluter pays principle, differentiate between restitution and compensation, and adopt comparative practices from Germany, Austria, Switzerland, and China so that socio-ecological restoration is more effective

Page 5 of 5 | Total Record : 46

 1   2   3   4   5 

Filter by Year

2023 2025


Reset
Filter By Issues
All Issue Vol. 3 No. 2 (2025): Journal of Law, Environmental and Justice Vol. 3 No. 1 (2025): Journal of Law, Environmental and Justice Vol. 2 No. 3 (2024): Journal of Law, Environmental and Justice Vol. 2 No. 2 (2024): Journal of Law, Environmental and Justice Vol. 2 No. 1 (2024): Journal of Law, Environmental and Justice Vol. 1 No. 3 (2023): Journal of Law, Environmental and Justice Vol. 1 No. 2 (2023): Journal of Law, Environmental and Justice Vol. 1 No. 1 (2023): Journal of Law, Environmental and Justice