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Communale Journal
Published by Universitas Jambi
ISSN : 29874297     EISSN : 29872103     DOI : -
Core Subject : Humanities, Social,
Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences
Communale Journal is an interdisciplinary scientific journal managed by the Center for Science and Technology (Pusat Unggulan Ipteks)-PUI Universitas Jambi and published three times a year, in March, July, and November. This journal publishes scientific papers and research results focusing on using natural resources from the perspectives of Law, Economics, Politics, Defense and Security, Education, Agriculture, Forestry, and disaster in Indonesia and Global Contexts. Comunnale Journal welcomes academics, scholars, researchers, students, and practitioners to contribute scientific work and the results of their research published in the Communale Journal.
Arjuna Subject : Umum - Umum
Articles 37 Documents
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POSITION AND PROTECTION OF INDIGENOUS PEOPLES IN INHABITING CUSTOMARY FORESTS Shidqi, Muhammad Nabiel; Salsabila, Ghea Nisya; Kinanti, Shinta Cahyani; D. Putri, Dira Julia; siahaan, andre
Communale Journal Vol 2 No 1 (2024): March
Publisher : Pusat Unggulan Ipteks-PUI Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/communale.v2i1.33730

Abstract

The 1945 Constitution of the Republic of Indonesia requires the government to protect every citizen's rights, including indigenous peoples' rights in managing customary forests. This study explores the legal position of indigenous peoples in the use of customary forests and how the government safeguards the constitutional rights of indigenous peoples. This research uses a normative juridical approach focusing on theoretical aspects and legal principles. The study results show that indigenous peoples are legal subjects and owners of rights to customary forests. The government protects these rights by providing legal certainty through local regulations recognizing and protecting indigenous peoples. There are still many conflicts between Indigenous Peoples and the Government and companies that receive forest management permits from the Government. Forestry policies do not facilitate the management of forests. Centralized forestry policies cause overlapping conceptions of customary forests and state forests. The suggestion from this study is that the law should also be concerned with the Indigenous people so that the law protects them and irresponsible parties cannot sue them.
LEGAL PROTECTION OF INDIGENOUS LAW COMMUNITIES OVER CUSTOMARY FORESTS IN KERINCI REGENCY Pranata, Taufik Halim; Sarwani , Raden
Communale Journal Vol 2 No 1 (2024): March
Publisher : Pusat Unggulan Ipteks-PUI Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/communale.v2i1.34231

Abstract

The rights of the Indigenous Communities to natural resources, land, and forests have not been explicitly regulated in a single legislative act, yet the control of the Indigenous Law Communities  (abbreviated as ILC) over customary forests is established. The customary forests in Kerinci Regency have been officially designated as customary forests based on the Minister of Environment and Forestry Decree, which the local ILC manages based on the Decree of the Regent of Kerinci. The control of customary forests requires recognizing and confirming the ILC through Regional Regulations  based on Law No. 41 of 1999 on Forestry. The sustainability of the ILC, as the rightful holders of customary forest rights, can be threatened if not recognized by the Regional Government. The research method employed is empirical juridical. The research findings indicate that the customary forests in Kerinci Regency have been designated as customary forest areas or proprietary forests as stipulated in the Minister of Environment and Forestry's Decree, with the recognition of each ILC right holder's existence based on the Decree of the Regent of Kerinci. Although the Regent's Decree does not adequately explain the status, structure, and customary institutions managing the customary forests, it implicitly acknowledges the existence of the ILC entitled to them. As a region with the most significant number of customary forests in Jambi Province, it is expected that the Kerinci Regency Government can draft regulations concerning the ILC.
GUIDANCE TO LOCAL GOVERNMENTS AGAINST UNLICENSED GOLD MINING Ipul, Muhammad Syaifullah; Ramadhani, Gitta T.; Herawati, Herawati; Saragih, Natasya Abigael; masinta putri, krisna ayu
Communale Journal Vol 2 No 1 (2024): March
Publisher : Pusat Unggulan Ipteks-PUI Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/communale.v2i1.34284

Abstract

Illegal gold mining (PETI) has become a significant problem and a primary livelihood source for some communities. In this study, we will look at how local governments have made efforts to anticipate and overcome PETI, which has caused damage to the environment and public health. It will also see how the local government has interacted with the community and PETI business actors to stop illegal activities and develop more sustainable activities regarding order and legal protection. The research method used is juridical-empirical. Research data is obtained from legal materials, which include primary legal materials such as laws and regulations related to mining and the environment, as well as secondary legal materials such as literature, journals, and previous research reports. The results of this study show that the government needs to conduct educational socialization to increase public awareness about the adverse effects of illegal gold mining on the ecosystem and the surrounding community. The community can participate in law enforcement against unlicensed gold mining by providing information and reports on unlicensed gold mining activities to the authorities. Developing and promoting sustainable activities can curb PETI and ensure our communities' long-term health and prosperity.
MINING SUPERVISION IN PROTECTED FOREST AREAS IN INDONESIA Nugraha, Ridho Putra; Sebianto, Hadi; Ginting, Valentino; Ramadhan, Muhammad Gusti; Putri, Sinta Amelia
Communale Journal Vol 2 No 1 (2024): March
Publisher : Pusat Unggulan Ipteks-PUI Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/communale.v2i1.34291

Abstract

This research aims to analyze licensing related to mining activities in protected forest areas in Indonesia. They are using normative juridical methods with statutory and conceptual approaches. The results of this study can conclude that although there is a comprehensive legal framework, implementation, and law enforcement still face various challenges, including a lack of coordination between institutions, weak law enforcement, and conflicts of interest between environmental protection and exploitation of natural resources. Dispute resolution can be pursued through out-of-court / nonlitigation. The settlement of ecological disputes outside the court can be done by mediation or arbitration using the services of mediators and arbitrators who help resolve environmental disagreements. Settlement of environmental disputes through court legal means is carried out by filing an "environmental lawsuit" based on Article 34 UUPLH jo. Article 1365 BW on "compensation for unlawful acts" (onrechtmatigedaad).
TRANSFER OF GOVERNMENT AUTHORITY TO MANAGE MINERAL AND COAL MINING AFTER THE ENACTMENT OF OMNIBUS LAW Ridho Ilahi, Muhammad Marfiliansyah; Ananda, Nesa; Amelia, Dina; Oktaviyanti, Putri; Auliya, Jessica
Communale Journal Vol 2 No 1 (2024): March
Publisher : Pusat Unggulan Ipteks-PUI Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/communale.v2i1.34461

Abstract

The significant reform in mining law in force in Indonesia is Law No. 3 of 2020 on Mineral and Coal (Minerba), which amends Law No. 4 of 2009, marks a new chapter in the transfer of authority from local and national governments to the Central Government. This study aims to analyze how local government jurisdiction over coal and minerals was transferred to the Central Government and how this affected the implementation of decentralization. Normative judicial research approaches are employed. This study's findings show that the Minerba Law amendment only gives authority to the Central Government, and coal and mineral mining agreements have become centralized. The local Governments only have delegated authority, which does not mean that local Governments have no control over managing coal and mineral mining at all; there is still authority to operate coal and mineral mining in the regions by following directions from the central government. The current mining legislation needs to support solid collaborations between central and local governments to promote sustainability in the future. Because local governments are better informed about mining situations in their regions, the central government must grant authority to control coal and mineral mining. Strict oversight is necessary to prevent local governments from abusing their authority.
COMPARISON OF MINERAL AND COAL REGULATION BASED ON MINING LAW 2009 & OMNIBUS LAW 2020 Mufatika, Rizki; Nabilla, Nyimas Ratri; Edwin, Nabilla Putri; Purba, Kefin Kurniawan; Ramadhan, Nadzwan F.
Communale Journal Vol 2 No 1 (2024): March
Publisher : Pusat Unggulan Ipteks-PUI Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/communale.v2i1.34756

Abstract

The purpose of this research is to criticize mining as discussed in this journal, which is still not under the Indonesian legal system and the aim of the law itself, namely to provide justice, certainty, and benefits for the community and the criticism given is based on measuring the two existing regulations in the form of similarities and differences created by these two regulations. This research also emphasizes several comparisons of previous policies with the latest policies from the government itself related to mining, as discussed in this journal, in terms of requirements, authority, and supervision. Regarding mining regulations as regulated in Law Number Four 2009, they are still unable to address developments, problems, and legal needs in mining operations discussed in this journal. Hence, a review is necessary to make this happen and provide increased added value. Or downstream. However, with the implementation of Law Number Three of 2020, many mines have also been allowed to operate without permits. The previous laws regarding the mining industry are considered valid, but in the case of the revision of the Mining Act, the implementation process of the Mining Act is also regarded as inadequate.
MONITORING AND PROSECUTING THE ILLEGAL ELEPHANT IVORY TRADE IN INDONESIA dewi, Adelia aprianti
Communale Journal Vol 2 No 03 (2024): October
Publisher : Pusat Unggulan Ipteks-PUI Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/communale.v2i03.37701

Abstract

Indonesia is also estimated to have as many as 300,000 species of wildlife, and as many as 17% of animals worldwide are found in Indonesia.  One of the problems is the declining elephant population and the lack of public knowledge about protected animals, such as the illegal ivory trade and the decline in the elephant population due to poaching for ivory. Illegal wildlife trade poses a serious threat to wildlife conservation in Indonesia.  Until now, there are still cases of the illicit trade in elephant ivory that cause endangerment caused by several factors; illegal wildlife trade has obstacles and obstacles in its enforcement, including the lack of knowledge and supervision of law enforcement officials on protected wildlife management, so that the identification of animal species becomes difficult and takes a long time because of the many smuggling routes both on land and at sea. Also, the threat of sanctions does not provide a deterrent effect for the perpetrators. This also encourages people to continue committing illegal protected wildlife trade acts. This research aims to understand and analyze the effectiveness of law enforcement and the obstacles faced in law enforcement, the method used in this research is the normative legal research method which focuses on the study of legal norms that exist in legislation, legal doctrine, and legal theories, with the approach of relevant legislation and legal issues to find legal solutions and find the truth and case approaches.
FOREST FIRES AS A HUMAN RIGHTS VIOLATION: THE STATE'S ROLE IN PROTECTING THE RIGHT TO A HEALTHY ENVIRONMENT yanti, saskia dwi
Communale Journal Vol 2 No 03 (2024): October
Publisher : Pusat Unggulan Ipteks-PUI Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/communale.v2i03.37713

Abstract

The 1945 Constitution of the Republic of Indonesia guarantees the right to a good and healthy living environment, as stated in Article 28H paragraph (1). This places a responsibility on the state to ensure the fulfillment of these rights. This paper addresses the issue of forest fires, which violate the right to a healthy environment due to the harmful effects of smoke, mainly when caused by human actions. It examines how the law regulates forest fires and the state's responsibility for human rights. Using a normative juridical method, this paper relies on secondary data comprising primary, secondary, and tertiary legal materials. The analysis employs both statutory and conceptual approaches. The findings indicate that large-scale forest fires, especially those caused by deliberate human activities, violate the right to a good and healthy environment. Consequently, the government is obliged to take strict action against perpetrators of forest fires and ensure recovery efforts for communities affected by these environmental disasters. This reinforces the state's obligation to uphold human rights by safeguarding the environment and addressing the consequences of environmental harm caused by forest fires.
CORPORATION LEGAL LIABILITY IN CASES OF ENVIRONMENTAL POLLUTION Syaharani, Syaharani
Communale Journal Vol 2 No 03 (2024): October
Publisher : Pusat Unggulan Ipteks-PUI Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/communale.v2i03.37822

Abstract

The economy is positively impacted by the industry's presence. However, it will also generate a waste product known as waste as part of the production process. This research examines the company's accountability for trash contamination in the surrounding environment. Article 88 of Law No. 11 of 2020 about Job Creation removes businesses' total obligation to be responsible. Law No. 32 of 2009 concerning Environmental Protection and Management are compared in this study to examine examples. This research employs a normative juridical approach. It is well known that the Job Creation Law itself modifies the absolute responsibility clauses that once tied companies under Law Number 32 of 2009 concerning Environmental Protection and Management. The study's findings suggest that administrative responsibility is the only corporate accountability for waste pollution that arises once absolute duty is removed.
CORPORATE CRIMINAL LIABILITY IN ILLEGAL LOGGING DUE TO EXPLOITATION OF NATURAL RESOURCES Agustin H, Nurfarida Nuya
Communale Journal Vol 2 No 03 (2024): October
Publisher : Pusat Unggulan Ipteks-PUI Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/communale.v2i03.37833

Abstract

The practice of illegal logging represents a significant challenge to the sustainability of Indonesia's forests. This is because the negative impact of this practice extends beyond the loss of biodiversity to encompass climate change and the welfare of local communities. The main objective of this research is to determine the criminal liability of corporations involved in illegal logging due to the exploitation of natural resources. The method used in this research is normative analysis, which includes an approach to legislation and a case approach. The findings indicate that despite strict regulations, the effectiveness of criminal law in preventing illegal logging is constrained by several operational challenges. These challenges include corruption, inadequate resources, and lack of public awareness. Therefore, corporate criminal liability must be strictly enforced to effectively address the detrimental impacts of illegal logging practices on the environment and local communities while ensuring the sustainability of natural resources for future generations. The findings of this study indicate the need for increased collaboration, stronger law enforcement measures, and greater community engagement. They can contribute to developing more effective forest protection policies and preventing illegal logging in Indonesia.

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