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INDONESIA
Unifikasi : Jurnal Ilmu Hukum
Published by Universitas Kuningan
ISSN : 23545976     EISSN : 25807382     DOI : https://doi.org/10.25134/unifikasi.v10i01.740
Core Subject : Social,
Environmental Science Law, Crime, Criminology & Criminal Justice
Unifikasi: Jurnal Ilmu Hukum, an ISSN national journal p-ISSN 2354-5976, e-ISSN 2580-7382, provides a forum for publishing research result articles, articles and review books from academics, analysts, practitioners and those interested in providing literature on Legal Studies. Scientific articles covering: Sustainable Development Goals (SDGs) Law, Natural Resources Law and Environmental Law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 49 Documents
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The Impact of Armed Conflict on Environmental Damage and Children's Rights Tendiyanto, Teten; Ramdhani, Zulmi; Abdullah, Abdullah
Unifikasi: Jurnal Ilmu Hukum Vol. 12 No. 02 (2025)
Publisher : Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/unifikasi.v12i02.1212

Abstract

Armed conflict, which is a manifestation of violence and hostility, is a cause of loss of life and material damage, having profound as well as long-lasting impacts on environment. Therefore, this study aimed to analyze how International Humanitarian Law (IHL) addresses environmental protection during armed conflict, with a particular focus on Israel–Palestine context. The analysis also examined how environmental damage affected rights of children. A normative legal method was used, relying on literature as well as existing legal instruments, conventions, and scientific interpretations. The results showed that IHL provided a legal framework to protect environment. Major instruments included Additional Protocol I of 1977 and Environmental Modification Convention of 1977, which prohibited methods of warfare causing widespread, long-term, and severe environmental damage. However, these legal norms are often weak in practice because enforcement was limited and there were no binding obligations for some states. In Israel–Palestine conflict, environmental damage resulting had destroyed ecological infrastructure, cutting off access to clean water, sanitation, health services, and educationm all basic rights protected under Convention on Rights of Child (CRC). Children were particularly vulnerable in this situation, facing higher risks of malnutrition, disease outbreaks, psychological trauma, as well as setbacks in survival and development. This study concluded that the gap between legal norms and practical enforcement undermined both environmental sustainability and the protection of rights of children. Strengthening international accountability mechanisms and improving global cooperation were recommended to make environmental protection during armed conflict a concrete and enforceable responsibility that safeguards future generations.
Effectiveness of Regulations and Institutions for Eradicating Corruption in Southeast Asia: A Comparative Study of Indonesia and Vietnam Hidayat, Sarip; Suwari Akhmaddhian; Erga Yuhandra; Budiman, Haris; Lam Thanh Danh
Unifikasi: Jurnal Ilmu Hukum Vol. 12 No. 02 (2025)
Publisher : Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/unifikasi.v12i02.1214

Abstract

Corruption is a major problem in Southeast Asia because it slows down economic growth, reduces public trust, and can destabilize governments. Therefore, this study aimed to identify and analyze how corruption is addressed in Indonesia and Vietnam. A socio-legal method was used by combining normative analysis of anti-corruption rules. Data were obtained from statutory regulations, reports from anti-corruption institutions, journal articles, and international sources such as Corruption Perceptions Index. The results showed that in Indonesia, the fight against corruption was mainly led by Corruption Eradication Law and Law on Corruption Eradication Commission. Following the discussion, enforcement was conducted by Corruption Eradication Commission (KPK). In Vietnam, anti-corruption efforts were managed under Law on Anti-Corruption and implemented through institutions such as Government Inspectorate and Central Steering Committee for Anti-Corruption Work. Indonesia had comprehensive regulations and an independent institution that played a significant role in investigating, prosecuting, and adjudicating corruption cases. However, changes made to the law in 2019 were observed by many as weakening the independence and effectiveness of the institution. Vietnam relied on a centralized method led by Communist Party through "Blazing Furnace" campaign, which successfully prosecuted high-ranking officials. Its long-term effectiveness remained questionable due to limited judicial independence and transparency. A comparative analysis showed that Indonesia prioritized the rule of law as well as checks and balances. Meanwhile, Vietnam relied on political consistency and centralized decision-making to eradicate corruption. The analysis assumed that successful corruption eradication depended on the synergy among regulations, independent institutions, and sustained political commitment. These included strengthening the independence of institutions, clarifying the authority of different law enforcement agencies, using digital tools to increase public oversight, improving judicial independence, and inspiring greater participation from civil society to promote government transparency.
Law Enforcement of Corruption Crimes in Geothermal Mining Sector in Indonesia to Realize the Value of Justice Sindi Susanti; Maman Nurohman; Suwari Akhmaddhian
Unifikasi: Jurnal Ilmu Hukum Vol. 13 No. 01 (2026)
Publisher : Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/unifikasi.v13i01.817

Abstract

In 2026, Indonesia recorded a low corruption perception index score of 38 and ranked 109th out of 180 countries. This condition emphasizes the crucial importance of law enforcement in strategic sectors such as renewable energy and mining. Purpose: This research aimed to analyze the regulation and implementation of law on corruption in Indonesia geothermal mining sector, with a focus on Decision Number 60/Pid.Sus-TPK/2023/PN.Jkt.Pst. Methods: A normative juridical method was used through a case and statutory approach. Results: The results showed that the Panel of Judges in the case issued a decision different from applicable legal provisions. This indicates that normatively, geothermal mining governance is regulated by Law Number 21 of 2014, while the criminal offense is subject to Law Number 20 of 2001 in conjunction with Law Number 31 of 1999 on the Eradication of Corruption. Conclusion: However, the legal implementation of this decision has been proven to ignore existing regulations and Law enforcement of corruption in the renewable energy sector must prioritize the value of justice in order to protect the community's rights to utilize natural resources. Suggestion: This research suggests strengthening the Judicial Commission oversight and increasing judges capacity to regulate technical matters in the mining sector. Contribution: The results contribute to a jurisprudence-based critical analysis of corruption law enforcement patterns in the green energy sector, while also providing a literature reference for policymakers to minimize legal loopholes in integrating criminal and mining administrative law.
Legal Status and Force of Memorandum of Understanding as Valid Agreement in Indonesia Susilowardani Susilowardani; Desi Syamsiah
Unifikasi: Jurnal Ilmu Hukum Vol. 13 No. 01 (2026)
Publisher : Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/unifikasi.v13i01.944

Abstract

Memorandum of Understanding (MoU) is often misunderstood as only a moral agreement without binding force. The absence of specific regulations in positive law caused legal uncertainty that countered the spirit of Sustainable Development Goal (SDG) 16 (Peace, Justice, and Strong Institutions) in achieving accountable economic governance. Purpose: Therefore, this study aimed to analyze the legal status and force of MoU as valid agreement in Indonesian contract law. Methods: A normative-descriptive legal study was conducted to examine the problem through doctrinal interpretation and analysis of court decisions. Results: The results referred to Supreme Court Decision No. 174/Pdt/2018/PT.Bdg and Supreme Court Jurisprudence No. 1788/K/Pdt/2014, which recognized that MoU had the legal force of valid agreement, provided its substantive provisions satisfied the requirements of Article 1320 of the Civil Code. In a situation where a clause violation resulted in material losses and carried strict sanctions, MoU had the same status as a formal contract and was binding under the principle of freedom of contract (Article 1338 of the Civil Code). Conclusion: In conclusion, MoU that satisfied the essential requirements for contract validity, had a valid and binding legal status equivalent to that of a contract between the parties. It served not only as a pre-contractual document but an agreement with legally enforceable consequences. Suggestion: Based on these results, lawmakers were recommended to codify specific MoU rules when updating national contract law to ensure sustainable legal certainty. Legal practitioners were also advised to draft explicit rights, obligations, and sanctions clauses in the lease MoU to ensure its executory power. Contribution: This study contributed to literature by providing a basis for legal practitioners to consider when drafting a protective and accountable MoU.
Integration of SDG Targets into the Regulatory Framework and Implementation of Corporate Social Responsibility in Industrial Areas Jimmy Lee; Windi Afdal; Lu Sudirman
Unifikasi: Jurnal Ilmu Hukum Vol. 13 No. 01 (2026)
Publisher : Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/unifikasi.v13i01.1218

Abstract

The implementation of Corporate Social Responsibility (CSR) is often not optimally integrated with sustainable development targets due to the lack of clear achievement indicators in regulations. Purpose: Therefore, this research aimed to analyze the suitability of the CSR regulatory framework and its implementation objectives, as well as to evaluate the implementation in companies in the Batam Industrial Area to support the achievement of the Sustainable Development Goals (SDGs). Methods: The empirical legal research method used a legislative and empirical method where the primary data were obtained through observations and qualitative interviews at four manufacturing companies, namely PT Pegaunihan Technology Indonesia, PT Nusa Solar Indonesia, PT Batam Technology Center SLB, and PT Buana Logistik Mandiri Sukses, supplemented by secondary data. Results: The results showed that the CSR regulatory framework correlated with the SDGs in Indonesia refered to Law 13/2003, Law 25/2007, Law 40/2007, Law 32/2009, and PP 47/2012. The four manufacturing companies in Batam further implemented CSR, contributing to the SDGs through concrete programs in education, health, gender equality, and environmental protection. Conclusion: The research found that the implementation of CSR in the Batam Industrial Area had effectively supported the achievement of SDGs, but its effectiveness still needed to be optimized to ensure connection with the real needs of the surrounding community. Suggestion: The suggestion was that the Batam City Regional Government needed to strengthen local regulations by implicitly integrating SDG achievement indicators into companies’ CSR reporting obligations. Contribution: The contribution of this research enriched the empirical legal literature on CSR and became a normative reference for the Batam City Government in formulating CSR policies oriented toward sustainable development.
Governance Reform for Geothermal Power Expansion in the Context of a Just Energy Transition Framework Shalomita Trifosa; Ida Nurlinda; Nadia Astriani
Unifikasi: Jurnal Ilmu Hukum Vol. 13 No. 01 (2026)
Publisher : Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/unifikasi.v13i01.1251

Abstract

The Ulumbu Geothermal Power Plant (GPP) expansion project in Poco Leok is sparking resistance from indigenous communities, reflecting the broader agrarian conflict in Indonesian energy transition landscape. This tension exposes a significant gap between clean energy ambitions and the protection of local community rights. Purpose: This study aims to analyze the inconsistencies of the agrarian regulatory framework in geothermal energy development against the principles of a just energy transition. Methods: In order to achieve the stated objective, a juridical-normative method was adopted, drawing on legislative and conceptual approaches. Accordingly, relevant regulations were examined through three dimensions of justice, namely recognition justice, procedural justice, and distributive justice. Results: The analysis uncovers three fundamental weaknesses. First, existing regulations do not guarantee certainty regarding the subjects and objects of customary land prior to land acquisition, constituting a recognition crisis. Second, there are no explicit regulations governing the implementation of Free, Prior, and Informed Consent (FPIC) and transparency standards, reflecting a procedural crisis. Third, weak oversight triggers an unequal distribution of ecological risks for communities, amounting to a distributive crisis. The analysis also showed that current renewable energy acceleration policies tend to focus on facilitating permits rather than strengthening local partnerships. Conclusion: The current renewable energy regulatory framework has the potential to reproduce extractive development patterns that deepen agrarian and social inequalities in the region. Suggestion: Governance reform is needed through mandatory pre-licensing customary land identification, normative codification of FPIC, and the strengthening of geothermal sector regulatory institutions. Contribution: This study enriches energy and agrarian law scholarship by integrating a just transition perspective as an evaluative framework for regulations in Indonesia.
Policy Integration for Sustainable Waste Management: Correlating Local Regulations, Development Planning, and the SDGs Framework Hasti Putri Liawati; Didik Irawansah; Ridwan Ridwan; Fajrin Hardinandar
Unifikasi: Jurnal Ilmu Hukum Vol. 13 No. 01 (2026)
Publisher : Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/unifikasi.v13i01.1318

Abstract

Sustainable waste management in river basins is often hampered by sectoral egos and overlapping mandates. Despite various regulatory efforts, the intersection between legal norms, regional planning, and global sustainability targets remains poorly coordinated. Purpose: This study aimed to analyze the integration of waste management policies by correlating local regulations, development planning frameworks, and the Sustainable Development Goals (SDGs), with a focus on how the instruments could be harmonized to improve environmental outcomes. Methods: The analysis used a normative juridical method combined with public policy analysis, focusing on the assessment of legal norms, regulatory hierarchy, and regional development planning documents, with Bima City Regulation No. 3 of 2018 as a case study. Results: The results showed that current waste policies were fragmented and lacked effective integration. Although local regulations provided legal legitimacy for waste management, the policies were poorly synchronized with development planning instruments and specific SDG targets. Key structural gaps included weak enforcement mechanisms, deficient institutional coordination, and the absence of a legal framework for a circular economy. Conclusion: The lack of policy integration severely hindered the effectiveness of sustainable waste management initiatives. Suggestion: This study suggested strengthening regulatory correlation, integrating watershed-based management directly into development planning, and legally embedding circular economy principles. Contribution: The analysis further contributed to environmental governance by developing a novel interdisciplinary, integrative policy framework that bridged the gap between regulatory hierarchies, spatial planning, and sustainability objectives, offering a scalable model for river basin protection in developing jurisdictions.
Challenges of Implementing Public Involvement in Environmental Approval in the Regions Nida Alifah Amir; Wiwin Widiyaningsih; Yeni Nuraeni; Yuki Rahmat Fauzi
Unifikasi: Jurnal Ilmu Hukum Vol. 13 No. 01 (2026)
Publisher : Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/unifikasi.v13i01.1400

Abstract

This study aims to analyze the implementation of public involvement in environmental approvals under Article 26 of Law Number 32 of 2009 in Majalengka Regency, addressing the gap between legal norms and field reality. Purpose: The purpose is to identify the implementation, assess its effectiveness, and examine the factors inhibiting public participation. Methods: In order to achieve the stated objectives, a socio-legal method was adopted, with descriptive-analytical qualitative analysis. Data were collected through in-depth interviews with 20 respondents, comprising 10 affected community members and 10 academics, alongside literature reviews. Results: The obtained results showed that public participation remains an administrative formality, as the community reported being ignored, subjected to intimidation, and burdened by complicated bureaucratic processes, while academics pointed to weaknesses in regulations and local government capacity. Conclusion: Based on the observations, it was inferred that public involvement was ineffective, primarily because the factor remained confined to procedural formalities. Suggestion: To address this issue, suggestions include comprehensive structural reforms, such as implementing environmental education, strengthening the apparatus capacity, and integrating digital technology to facilitate access to information and minimize conflict. Contribution: The contribution and novelty of this study are in the integration of a procedural justice framework into the evaluation of environmental approvals through a triangulation of perspectives. By repositioning public participation as a governance instrument that determines legitimacy and accountability, the present investigation produces implementation indicators replicable enough to support more inclusive policy improvements in the future.
Smart Contract Governance: A Comparative Study of ASEAN (Association of Southeast Asian Nations) Countries Dikha Anugrah; Fariza binti Romli; Sineenat Suasungnern
Unifikasi: Jurnal Ilmu Hukum Vol. 13 No. 01 (2026)
Publisher : Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/unifikasi.v13i01.1731

Abstract

The rapid development of blockchain has given rise to smart contracts that challenge traditional legal doctrine, even though the technology is crucial to supporting SDGs (Sustainable Development Goals) 9 and 16. Purpose: This study aims to analyze smart contract governance in Indonesia, Malaysia, and Thailand to support the achievement of the SDGs in the region. Method: A normative-comparative legal method is used with a socio-legal approach. This study examines the synchronization of regulations and the socio-institutional impacts. Results: The validity of smart contracts in the three countries is interpretative due to the lack of specific regulations. The self-executing and immutable nature triggers doctrinal tensions related to agreements and consumer protection, which are increased by the digital literacy gap. Conclusion: Smart contract governance in Southeast Asia requires an adaptive regulatory strategy that balances innovation and legal certainty. Suggestion: Authorities are expected to develop co-regulation-based regulations, strengthen digital institutions, and initiate regional legal standardization across ASEAN (Association of Southeast Nations). Contributions: The contribution is in the development of a blueprint for regional digital law harmonization that integrates aspects of dogmatic law with legal sociology. This study offers a model for ASEAN legal standardization that bridges technological innovation with social justice and provides indicators of institutional readiness replicated by developing countries in embracing an inclusive and sustainable digital economy.

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