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"Indonesian Journal of Environmental Law and Sustainable Development "
Published by Universitas Negeri Semarang
ISSN : -     EISSN : 28299590     DOI : https://doi.org/10.15294/ijel
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Indonesian Journal of Environmental Law and Sustainable Development (ISSN Online 2829-9590 ISSN Print 2829-9582) is an open access double-blind peer-reviewed journal published by the Faculty of Law, Universitas Negeri Semarang and managed by Conservation Studies Center Faculty of Law Universitas Negeri Semarang and Environmental and Forestry Law Clinic.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 47 Documents
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Illegal Fishing by Other Countries: Complicated Law Enforcement in Indonesia Febriyanto, Triyan; Setiaji, Mukhamad Luthfan
Indonesian Journal of Environmental Law and Sustainable Development Vol. 1 No. 2 (2022): July-December, 2022
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijel.v1i2.40184

Abstract

As an archipelagic country, illegal fishing become one of the challenges faced by Indonesia. This study aims to analyze the complexity of law enforcement in Indonesia in dealing with cases of illegal fishing carried out by other countries. This study confirms and finds that illegal fishing is illegal fishing activity or fishing activity carried out contrary to the provisions of laws and regulations in the field of fisheries. The government has also issued a number of regulations related to illegal fishing, including Law Number 31 of 2004 concerning Fisheries, Law Number 45 of 2009 concerning Amendments to Law Number 31 of 2004 concerning Fisheries, Law Number 5 of 1983 concerning the Indonesian Exclusive Economic Zone, Law Number 21 of 2004 concerning Shipping, Law Number 6 of 1996 concerning Indonesian Waters, Presidential Regulation Number 115 of 2015 concerning the Task Force for the Eradication of Illegal Fishing, Minister of Maritime Affairs and Fisheries Regulation Number 37/Permen-KP/2017 concerning Standard Operational Enforcement Procedures Law of the Task Force for the Eradication of Illegal Fishing. This study also underlines that in Article 69 of Law Number 45 of 2009, fisheries surveillance vessels can stop, inspect, bring and detain vessels that are suspected or should be suspected of committing violations in the Indonesian fishery management area to the nearest port for further processing. Fishery investigators or supervisors can also take special action in the form of burning and/or sinking fishing boats with foreign flags based on sufficient preliminary evidence.
Inter-correlation between Human Rights and Environmental Justice: A Discourse of Right to a Good and Healthy Environment in Indonesia Yuliyanto, Eko; Alatiqoh, Maftukhatul Muna; Alfaruq, Ahmad Husain
Indonesian Journal of Environmental Law and Sustainable Development Vol. 1 No. 2 (2022): July-December, 2022
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijel.v1i2.40185

Abstract

The right to a good and healthy environment is part of human rights. Where the right to the environment as a human right to live in an environment with a minimum quality that allows the realization of a dignified and prosperous life. As part of human rights, the state must respect, fulfill, and protect the right to a good and healthy environment. To fulfill the right to a good and healthy environment, everyone is given the right to obtain environmental education, access to information, access to participation, and access to justice. In other words, without access to information, participation, and justice, the right to a good and healthy environment will be difficult to fulfill. The government needs a mechanism or instrument for these three accesses to fulfill the right to a good and proper environment for its citizens. In the next section, we will review mechanisms or instruments for access to information, as an effort to fulfill the right to a good and healthy environment, especially in the context of controlling air pollution, as well as the shortcomings and alternatives of these mechanisms or instruments. This study aims to analyze the discourse on the right to a good and healthy environment in Indonesia in the study of human rights and environmental law in Indonesia.
Implementation of Progressive Law in Enforcement of Environmental Law in Indonesia: The Current Problems and Future Challenges Dewantara, Antonius Mahendra; Larasati, Dika Kirana
Indonesian Journal of Environmental Law and Sustainable Development Vol. 1 No. 2 (2022): July-December, 2022
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijel.v1i2.40186

Abstract

Law enforcement in the environmental sector has a broad dimension, not only related to aspects of material losses, aspects of state administration, but also aspects of criminal law. Enforcement in this sector even faces several challenges and obstacles, one of which concerns the various motives and perpetrators of environmental crimes that continue to grow. This study aims to analyze how progressive law should work and be applied in environmental law enforcement in Indonesia. This study highlighted that one of the ways to realize social justice for all Indonesian people as stated in the fourth paragraph of the Preamble to the 1945 Constitution of the Republic of Indonesia is to utilize existing natural resources for the welfare of society. Article 3 paragraph (3) of the 1945 Constitution of the Republic of Indonesia also mandates that the land, water and natural resources contained therein shall be controlled by the state and used as much as possible for the prosperity of the people. This study also confirms that according to many experts, progressive law is pro-justice and pro-people law. This means that in sentencing legal actors are required to prioritize honesty and sincerity in law enforcement. They must have empathy and concern for the suffering experienced by the people. Thus, the interests of the people, in this case welfare, must be the orientation and ultimate goal in administering law.
Mainstreaming Social Justice in Environmental Law Enforcement in Indonesia: Theories and Practices Aji, Adiguna Bagas Waskito; Pramono, Setyo
Indonesian Journal of Environmental Law and Sustainable Development Vol. 2 No. 1 (2023): January-June, 2023
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijel.v2i1.40187

Abstract

This paper critically examines the convergence of environmental law enforcement and social justice within the context of Indonesia. Despite the nation's abundant biodiversity and natural resources, it grapples with the intricate challenge of harmonizing environmental conservation efforts with socio-economic development imperatives. However, the effective enforcement of existing environmental legislation often proves deficient, exacerbating environmental degradation and exacerbating social inequalities. Through an interdisciplinary lens drawing from law, sociology, and environmental studies, this study systematically investigates both the theoretical foundations and practical strategies for integrating social justice considerations into environmental law enforcement mechanisms. Central to the analysis is an exploration of principles such as equity, fairness, and inclusivity, elucidating pathways for their incorporation into the formulation and implementation of environmental regulations and enforcement protocols. Furthermore, the paper conducts a nuanced examination of the socio-political dynamics shaping the enforcement landscape in Indonesia, including power differentials, issues of corruption, and institutional capacities. Through a comprehensive review of pertinent literature and empirical case studies, the paper identifies promising approaches and best practices for enhancing social justice within environmental law enforcement. These encompass community-driven monitoring initiatives, robust stakeholder engagement mechanisms, and targeted capacity-building endeavors tailored to law enforcement agencies. Additionally, the paper underscores the transformative potential of technology and innovation in fostering greater transparency, accountability, and public participation in environmental governance processes. By synthesizing theoretical insights with empirical evidence, this paper contributes substantively to the nuanced understanding of the intricate interplay between environmental law enforcement and social justice within the Indonesian context.
Political Direction of Environmental Management Law in Indonesia Saputra, Muhammad Azhary Bayu; Mahardika, Ega Rijal; Kariim, Siti Almiraa
Indonesian Journal of Environmental Law and Sustainable Development Vol. 2 No. 1 (2023): January-June, 2023
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijel.v2i1.40188

Abstract

This paper examines the political trajectory shaping environmental management law in Indonesia. With its rich biodiversity and rapid industrialization, Indonesia faces complex challenges in balancing economic development with environmental conservation. The analysis begins with an overview of the historical context, tracing the evolution of environmental legislation from the colonial era to the present day. It explores how political dynamics, including shifts in governance structures, power relations, and socio-economic priorities, have influenced the development and enforcement of environmental regulations. The paper highlights key legislative milestones, such as the enactment of the Environmental Management Act in 1997 and subsequent revisions, as well as the establishment of agencies like the Ministry of Environment and Forestry. It also discusses the role of international treaties and agreements in shaping Indonesia's environmental legal framework. Furthermore, the paper evaluates the effectiveness of environmental laws in practice, considering challenges related to enforcement, capacity-building, and coordination among various stakeholders. It examines the role of civil society, the media, and grassroots movements in advocating for stronger environmental protection measures. Drawing on current trends and future projections, the paper concludes with an analysis of potential directions for Indonesian environmental management law. It considers the implications of political, social, and environmental factors, including the need for greater transparency, public participation, and adaptive governance mechanisms in addressing emerging environmental issues such as climate change, deforestation, and marine pollution.
Intersection between Administrative Law and Private Law on Environmental Law Litigation in Indonesia Legal System Julianto, Riki; Arifin, Ridwan
Indonesian Journal of Environmental Law and Sustainable Development Vol. 2 No. 1 (2023): January-June, 2023
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijel.v2i1.40190

Abstract

This paper delves into the complex interplay between administrative and private law in environmental litigation within Indonesia's legal framework. Indonesia, rich in natural resources, faces pressing environmental challenges due to rapid industrialization and urbanization. Consequently, disputes often arise over environmental conservation, resource extraction, and pollution control, necessitating legal action to uphold environmental integrity. Administrative law governs governmental bodies responsible for environmental regulation, dictating procedures for permits, inspections, and sanctions. Conversely, private law regulates relationships between individuals and entities, encompassing tort liability, contractual obligations, and property rights. In environmental litigation, these legal domains intersect as plaintiffs seek remedies for harm caused by both public and private actors. The paper examines significant cases where administrative law intersects with private law doctrines, analyzing how administrative decisions may lead to civil claims under negligence, nuisance, or strict liability theories. It also explores the role of public interest litigation and citizen enforcement mechanisms in ensuring government accountability for environmental stewardship. Additionally, it evaluates the challenges and opportunities in navigating the convergence of administrative and private law, including issues of standing, jurisdiction, evidence, and remedies. Emphasizing judicial interpretation and legal harmonization, the paper underscores the symbiotic relationship between these legal realms in Indonesia's environmental litigation landscape. By shedding light on this intersection, it contributes to understanding environmental governance and access to justice while offering insights into global environmental law reconciling public and private interests.
Climate Change as a Human Rights Issue: Litigating Climate Change in the United Nations Human Rights Committee Akindele, Adeniyi
Indonesian Journal of Environmental Law and Sustainable Development Vol. 2 No. 1 (2023): January-June, 2023
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijel.v2i1.40191

Abstract

This paper delves into the convergence of climate change and human rights, with a specific focus on the avenue of litigation within the United Nations Human Rights Committee (UNHRC). In recent years, the escalating impacts of climate change have posed significant threats to human rights, including the rights to life, health, food, water, and a healthy environment. Recognizing the urgency of addressing these challenges, there is a growing discourse on utilizing human rights mechanisms to hold states and other actors accountable for their contributions to climate change and their failure to mitigate its effects. By examining pertinent legal frameworks, including international treaties such as the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR), alongside evolving case law and emerging legal strategies, this paper evaluates the potential for leveraging the UNHRC as a forum for litigating climate change as a human rights issue. It scrutinizes the complexities, obstacles, and opportunities inherent in such litigation, emphasizing its potential to advance climate justice and bolster accountability. Ultimately, this paper underscores the imperative of reframing climate change as not solely an environmental concern but also a profound human rights imperative. By advocating for the recognition of individuals' rights in the face of climate change impacts, litigating before the UNHRC offers a promising avenue for driving systemic change, safeguarding vulnerable communities, and fostering a more equitable and sustainable future.
Long-Term Sustainability of Outer Space: Role of Sustainable Development Goals and Its Legal Consequences Kumar, Vijay; Raju, K D; Subramanian, S R
Indonesian Journal of Environmental Law and Sustainable Development Vol. 2 No. 1 (2023): January-June, 2023
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijel.v2i1.40192

Abstract

Celestial phenomena have historically contributed to natural processes, but their collision paths and debris generation have increasingly threatened outer space. Human activities in space exacerbate these risks, prompting concerns over the preservation of the space environment. The United Nations Committee on the Peaceful Uses of Outer Space (UNCOPUOS) has responded by initiating sustainable space initiatives. In 2010, UNCOPUOS's Scientific and Technical Subcommittee established a Working Group on the Long-Term Sustainability of Outer Space Activities. This group aims to develop voluntary guidelines for states, international organizations, and private entities to ensure sustainable space practices. The collaboration between Avio, an Italian aerospace company, and the United Nations Office for Outer Space Affairs (UNOOSA), forged during the 74th Session of the United Nations General Assembly in September 2019, is a notable step towards enhancing space accessibility, particularly for developing nations. This paper examines various aspects of sustainable space practices, including their alignment with the Sustainable Development Goals (SDGs). Part one introduces sustainable development principles and the global imperative for environmental protection. Part two explores the role of space technologies in advancing the SDGs. Part three investigates whether the SDGs encompass space-related objectives and proposes strategies for achieving sustainable space practices. Finally, part four advocates for a robust regulatory framework for sustainable space activities, emphasizing the need to learn from past environmental mistakes and protect the integrity of outer space.
Discourse of the Implementation of International Principles in Cases of Forest Fires in Indonesia Apristyan, Secondio; Fidhata, Tri Kurnia Agung
Indonesian Journal of Environmental Law and Sustainable Development Vol. 2 No. 1 (2023): January-June, 2023
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijel.v2i1.40193

Abstract

Forest fires in Indonesia have become a recurring environmental crisis with widespread consequences. International principles and agreements provide frameworks for addressing such disasters, yet the translation of these principles into effective action at the national level remains challenging. This paper conducts a discourse analysis to examine the implementation of international principles in Indonesian forest fire cases. Drawing from policy documents, media reports, and scholarly literature, the study investigates Indonesia's adherence to these principles and the factors influencing their application. Findings reveal a complex landscape of challenges and opportunities. While Indonesia has made commitments to international agreements, such as the United Nations Framework Convention on Climate Change and the ASEAN Agreement on Transboundary Haze Pollution, translating these commitments into tangible policies and actions faces hurdles such as institutional capacity, governance issues, and conflicting interests. Moreover, the discourse surrounding forest fires involves diverse stakeholders, including government agencies, non-governmental organizations, and international bodies, each with varying perspectives and agendas. This research underscores the importance of understanding the dynamics of international environmental governance in addressing transboundary challenges like forest fires. By elucidating the discourse surrounding the implementation of international principles in Indonesian forest fire cases, this study contributes to advancing knowledge on global environmental governance and offers insights for fostering more effective collaboration among stakeholders to mitigate the impacts of future forest fire crises.
Development of the National Food System through Digitalization and Downstreaming to Strengthen National Food Security Fikri, Muhammad Adymas Hikal; Novita, Yustina Dhian; Gusthomi, Moh. Imam
Indonesian Journal of Environmental Law and Sustainable Development Vol. 2 No. 2 (2023): July-December, 2023
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijel.v2i2.40200

Abstract

Geopolitical tensions in countries have triggered uncertainty in global financial, resulting in inflationary which could to global energy and food crisis, including for Indonesia. This condition must addressed with appropriate policies , one of which is the development of a digitalization and agricultural downstream system. This article used the qualitative description method, the objective of the article is presented in comprehensive manner regarding the overview of food security in Indonesia, urgency and implementation digitalization and downstream-agriculture. In-2022, Indonesia's food security index will experience decline from the previous year. This decrease was caused mainly due to decrease in food quality and safety scores.The agricultural digitalization and downstream system allows Indonesian agriculture to be further developed so that farmers gain understanding of the required land use, but the results are satisfactory and the costs are more efficient. Agricultural digitalization interpreted as changing way things are done in aspects of agriculture, from processing to marketing.Meanwhile, downstreaming is carried out by developing agricultural activities to strengthen product processing processes, as well as developing technology in processing industry sector by strengthening the bargaining position of agricultural-based processed products. Digitalization and downstreaming can implemented through digitalization upstream and downstream from production, post-harvest, warehousing, processing, marketing and financing in the food sector through optimizing the role of MSMEs. This is realized by preparing business model digital farming through distribution smart green houseto MSMEs, distribution smart farming to food clusters, distribution of post-harvest processing machines, digitalization of product marketing with start up agriculture, to market digitalization.

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