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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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THE IMPLEMENTATION OF CRIMINAL LAW IN ADDRESSING THE ISSUE OF ILLEGAL LOGGING IN INDONESIA Ferdyansyah S, Muhamad
Communale Journal Vol 2 No 02 (2024): July
Publisher : Pusat Unggulan Ipteks-PUI Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/communale.v2i02.37856

Abstract

Illegal logging is a significant environmental crime that severely threatens the sustainability of forests and ecosystems in Indonesia. This illegal activity leads to extensive environmental degradation and increases the risk of natural disasters, including floods and landslides, which can have devastating impacts on local communities. The Indonesian legal framework addresses illegal logging through various regulations, notably Law No. 41 of 1999 on Forestry and the Criminal Code (KUHP). These laws aim to penalize offenders and deter further illegal activities. However, the enforcement of these laws remains problematic due to several challenges. Law enforcement agencies often struggle with limited resources, corruption, and a lack of training, which hinders effective prosecution. Additionally, socio-economic factors, such as poverty and the demand for timber, contribute to the persistence of illegal logging practices. This article seeks to provide a comprehensive juridical analysis of how the Indonesian criminal law system approaches the issue of illegal logging and the effectiveness of its sanctions against offenders.
THE VALIDITY OF OWNERSHIP RIGHTS TO LAND BY FOREIGN CITIZEN THROUGH A NOMINEE AGREEMENT Wulandari, Eka
Communale Journal Vol 2 No 02 (2024): July
Publisher : Pusat Unggulan Ipteks-PUI Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/communale.v2i02.37862

Abstract

This research aims to determine the validity of ownership rights to land by foreign citizens (WNA) through nominee agreements. A Nominee Agreement, commonly known as a name transfer or name borrowing agreement, is an agreement made on behalf of another party. The practice of nominee agreements still often occurs, even though foreigners do not have ownership rights by what is regulated in statutory regulations. Foreigners did this to control ownership rights to land in Indonesia and gain personal gain. No specific regulations govern nominee agreements, so law enforcement is not optimal. This research uses a normative juridical method with a statutory and case approach. The research results show that the nominee agreement entered into by foreigners is invalid because it needs to meet the objective elements of the requirements, namely lawful reasons that are already regulated in Article 1320 in the Civil Code.
LEGAL PROTECTION FOR LAND RIGHTS HOLDERS IN CASES OF MULTIPLE CERTIFICATES Anggreyni Simbolon, Ayu Anggi
Communale Journal Vol 2 No 02 (2024): July
Publisher : Pusat Unggulan Ipteks-PUI Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/communale.v2i02.37873

Abstract

Land disputes have become a complex and very frequent problem. Various factors, including multiple certificates, can cause land disputes. This research uses normative methods to approach legal norms and relevant legal substance. Enacted in 1960, the UUPA is Indonesia's primary legal basis governing land rights. The results show that although there are regulations governing land registration and owners' rights, the legal protection provided to holders of property rights certificates still needs to be improved. Title certificates, which are supposed to be strong evidence, often do not give the expected legal certainty, especially when disputes arise. Land rights holders are expected to receive strong legal protection. The research identified that the community's lack of understanding of their rights and the applicable legal procedures exacerbated the situation. The research also emphasizes the need for reforms in the land law system, including increased socialization of land rights to the public and improvements in land registration procedures.
LAW ENFORCEMENT STRATEGIES IN ADDRESSING CRIMINAL ACTS OF LAND GRABBING Putri, Cindy Aulia
Communale Journal Vol 2 No 02 (2024): July
Publisher : Pusat Unggulan Ipteks-PUI Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/communale.v2i02.37875

Abstract

Land grabbing is a severe problem because it is typical for someone or a group to take over or grab other people's land and claim it as their own. If preventive legal action is not immediately taken, this can threaten the community's rights and sustainable development in Indonesia. This journal looks at the criminal law enforcement strategy in combating the crime of land grabbing by referring to Article 385 of the Criminal Code. The research method used in this journal is the normative juridical analysis research method, which, in this case, observes the effect of existing laws and how challenges arise in their application in society. The study results have shown that the legal regulation needs to be considered adequate to answer Indonesia's land-grabbing problem. The verdict in the case of criminal land grabbing cannot be used to execute the disputed land because the criminal verdict is intended to punish the perpetrator of land grabbing. Meanwhile, a separate court, namely the civil court, must be established to restore victims' rights.
THE INFLUENCE OF RENEWABLE ENERGY POLICY ON BUSINESS LAW AND NATURAL RESOURCES Sirait, Putri Indriani
Communale Journal Vol 2 No 02 (2024): July
Publisher : Pusat Unggulan Ipteks-PUI Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/communale.v2i02.37918

Abstract

The impact of renewable energy policies on business law and natural resources is the main focus of this research. With increasing awareness of climate change and the need to reduce carbon emissions, governments worldwide, including Indonesia, have enacted policies to promote the use of renewable energy. These policies affect the energy sector and significantly affect business law and natural resource management. This study explores the impact of renewable energy policies on business regulation, including changes in licensing regulations, fiscal incentives, and environmental responsibilities. Furthermore, it discusses how these policies affect natural resource management, particularly conservation and land use. Through literature analysis and case studies, this research provides insights into how renewable energy policies can be effectively implemented to achieve sustainability goals without neglecting economic and social interests.
OPTIMIZATION OF THE PRIMUM REMEDIUM PRINCIPLE IN ENVIRONMENTAL CRIMES simanjuntak, Ega Sang Bintang
Communale Journal Vol 2 No 02 (2024): July
Publisher : Pusat Unggulan Ipteks-PUI Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/communale.v2i02.37927

Abstract

Environmental crime is still one of the problems faced, and there is a need for sanctions to provide a deterrent effect for the perpetrators. In Law Number 32 of 2009, one enforcement of environmental criminal law is the principle of premium medium, which states that criminal law is the primary tool in law enforcement. However, in Law Number 6 of 2023 concerning the Stipulation of Government Regulation instead of Law Number 2 of 2022 concerning Job Creation, there are changes in the punishment system that make punishment the last legal remedy (Ultimum Remedium) even though the determination of the punishment system has a crucial/critical position to reduce the high level of crime or environmental violations, This has also weakened the power of environmental law and is also contrary to the constitution which adheres to the concept of Green Constitution. This research aims to identify and describe how to strengthen the principle of Premium Remedium in environmental law regulation. The research method used is normative juridical, describing the synchronization of legislation that applies in a particular field, whether it contradicts or not between one another. There are still many problems regarding environmental law regulation, especially in the punishment system, the normative framework that provides lighter sanctions to environmental criminals; this is contrary to the PPLH Law, which makes punishment the primary legal remedy.
NATIONAL STRATEGIC PLAN AND CUSTOMARY LAW FOR LAND DISPUTE REGULATIONS Farhan, Mohammad
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.v2i03.38089

Abstract

One of the causes of agricultural conflicts that still occur frequently today is customary land. Understanding the background of land customary law is essential to building a treatment model and identifying the underlying issues causing the dispute. This study uses normative jurisprudence research methods; in particular, legal studies that view law as the basis of a normative system are typical. The authority vested in the Minister of Agriculture and Spatial Planning/Director of the Land Agency to recommend spatial adjustments to the location of the National Strategic Project to propose a solution at this time further strengthens the possibility of legally binding changes to the spatial plan. In particular, the study of law, which views law as the structure of a normative system. Conflicts usually arise because governments, the private sector, or the communities have different land-use goals. These customary land disputes often contradict Law No. 5 of 1960 on the basic regulations of the community's cultural norms and agricultural principles. Litigation and non-litigation are two possible approaches to dispute resolution. Conflicts usually arise because governments, the private sector, or the communities have different land-use goals. These customary land disputes often contradict Law No. 5 of 1960 on the basic regulations of the community's cultural norms and agricultural principles.  The action to be taken when resolving a dispute can be in the form of litigation and non-litigation.

Page 4 of 4 | Total Record : 37

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