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ijel@mail.unnes.ac.id
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ijel@mail.unnes.ac.id
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INDONESIA
"Indonesian Journal of Environmental Law and Sustainable Development "
ISSN : -     EISSN : 28299590     DOI : https://doi.org/10.15294/ijel
Core Subject : Social,
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
Ponorogo Regency Green Open Space Analysis of Law Number 27 of 2007 concerning Spatial Planning Arimurti, Danang Johar; Najicha, Fatma Ulfatun
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.v2i2.40201

Abstract

One of the uses of space stated in Law Number 26 of 2007 concerning Spatial Planning is Green Open Space (RTH). This law requires that each district/city have a green open space area of at least 30% of the entire regional area. Ponorogo Regency is one of the districts in East Java Province which has an area of 137,178 Ha. This research will discuss the suitability of the green open space owned by Ponorogo Regency to Law Number 26 of 2007 concerning spatial planning and the potential for developing green open space in the Ponorogo Regency area. This article uses normative research methods with a positive legal approach and an approach using statistical data. The result is that Ponorogo Regency has not yet reached the minimum green open space limit of 30% because it is still at 19%. However, Ponorogo Regency has ambitions with the existence of Regional Regulation Number 1 of 2012 concerning RTRW 2012-2032 which states that the minimum limit of 30% RTH will be achieved in 2032. For the potential for developing RTH areas, Ponorogo Regency has three places, namely roads, river routes and mining areas.
Laws Concerning Mineral and Coal Mining on Community Welfare from an Environmental Ethics Perspective Taqiyaah, Adzraa; Hidayat, Arif
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.v2i2.40202

Abstract

This study delves into the legal frameworks governing mineral and coal mining operations, focusing on their implications for community welfare through the prism of environmental ethics. Through qualitative research methods with a normative juridical approach, this research scrutinizes the transition from Law Number 4 of 2009 to Law Number 3 of 2020 and evaluates the juridical ramifications of the latter on societal well-being. Drawing on data from library research, legal document analysis, and stakeholder interviews, including perspectives from entities such as Jatam and PT Selo Argodedali, the study offers insights into divergent opinions regarding the efficacy of the legislative revisions. Findings indicate discord between mining entities and communities, with the former advocating for regulatory revisions while the latter perceive losses due to mining activities. Moreover, the study critiques the 2020 Minerba Law for its perceived neglect of environmental ethics, prioritizing exploitative practices over environmental preservation. Ultimately, this research underscores the imperative for legal policies to uphold community welfare in harmony with environmental ethics, as mandated by constitutional provisions.
Protection and Preservation of the Marine Environment Through a Marine Ecotourism Scheme in Nusa Penida Bali Banna, Sabri; Taher, Tarmizi; Pradana, Aditya Bagus
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.v2i2.40203

Abstract

This study examines the potential of a marine ecotourism scheme as a strategy for the protection and preservation of the marine environment in Nusa Penida, Bali. With the rapid growth of tourism in the region, there is an urgent need to balance economic development with environmental conservation efforts. Through qualitative research methods, including interviews, surveys, and site observations, this research explores the current state of the marine environment in Nusa Penida and assesses the feasibility and effectiveness of implementing a marine ecotourism scheme as a means of sustainable development. The findings reveal significant threats to the marine environment in Nusa Penida, including coral reef degradation, marine pollution, and habitat destruction. However, the study also identifies opportunities for conservation and sustainable management through the promotion of marine ecotourism initiatives. By engaging local communities, businesses, and government agencies in collaborative conservation efforts, a marine ecotourism scheme has the potential to generate economic benefits while simultaneously safeguarding marine biodiversity and ecosystem health. This research contributes to the growing body of knowledge on sustainable tourism development and provides practical recommendations for policymakers, stakeholders, and practitioners seeking to promote the protection and preservation of marine environments in coastal regions like Nusa Penida, Bali.
The Effectiveness of Administrative Sanctions Against Environmental Pollution Cases in Indonesia Khaidar, Naufal; Nurrahman, David Baniardy; Mubarak, Teunku Ahmad Zaki
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.v2i2.40204

Abstract

This study investigates the effectiveness of administrative sanctions as a regulatory tool in combating environmental pollution cases in Indonesia. Despite the implementation of various environmental regulations and administrative penalties, the persistence of pollution incidents raises questions about the efficacy of these measures. Through a comprehensive review of legal frameworks, case studies, and empirical data, this research aims to assess the impact of administrative sanctions on deterring environmental violations and promoting compliance. Key factors influencing the effectiveness of administrative sanctions, including enforcement mechanisms, institutional capacity, public awareness, and stakeholder engagement, will be analyzed. Additionally, the study will examine challenges and opportunities for enhancing the enforcement of environmental regulations through administrative sanctions. By providing insights into the strengths and limitations of current regulatory approaches, this research seeks to inform policy recommendations for strengthening environmental governance and achieving sustainable development goals in Indonesia.
Analysis of Changes in Criminal Threats in Regulations on Environmental Protection and Management Arimurti, Danang Johar; Najicha, Fatma Ulfatun
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.v2i2.40205

Abstract

Currently, Indonesia is grappling with serious environmental issues exacerbated by a lack of public awareness and law enforcement. Law enforcement is crucial in addressing environmental problems, necessitating the use of coercive legal instruments such as criminal sanctions. The primary legal framework governing environmental protection and management in Indonesia is Law Number 32 of 2009 concerning Environmental Protection and Management and several amendments to Law Number 6 of 2023 concerning the Ratification of Government Regulation Number 2 of 2022 concerning Job Creation. This article focuses on the changes in criminal sanctions and how these changes occurred by comparing the two aforementioned laws and analyzing them. The results indicate that five articles concerning criminal sanctions have been amended or repealed. This is because four out of the five articles have been simplified for administrative purposes and to avoid legal ambiguities, while one of the five articles cannot be determined due to changes resulting in legal nullity.
Balancing Risk and Caution: The Precautionary Principle in Indonesian Environmental Law Context Proyogo, Joshua Wijaya
Indonesian Journal of Environmental Law and Sustainable Development Vol. 3 No. 1 (2024): January-June, 2024
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijel.v3i1.40206

Abstract

This paper explores the application of the precautionary principle within the framework of Indonesian environmental law, emphasizing the delicate balance between risk assessment and precautionary measures. It examines the evolution of the precautionary principle in Indonesian legal discourse and its integration into environmental policy-making and decision-making processes. The analysis sheds light on the challenges and opportunities inherent in applying the precautionary principle within Indonesia's diverse environmental contexts. It highlights instances where precautionary measures have been effectively employed to mitigate environmental risks, while also addressing concerns regarding the potential for regulatory overreach and hindrances to economic development. By delving into case studies and legislative frameworks, this paper provides insights into how the precautionary principle is interpreted and operationalized within Indonesian environmental law. It underscores the importance of incorporating scientific uncertainty and environmental ethics into policy formulation, while also emphasizing the need for flexibility and adaptability in responding to emerging environmental threats. Furthermore, the paper discusses avenues for enhancing the implementation of the precautionary principle in Indonesia, including capacity-building initiatives, stakeholder engagement, and the promotion of interdisciplinary research and collaboration. In conclusion, the paper highlights the significance of striking a balance between risk assessment and precautionary action in Indonesian environmental law. It underscores the importance of a nuanced approach that considers scientific evidence, societal values, and the principles of sustainable development in addressing environmental challenges while fostering economic growth and social welfare.
Central Control vs. Local Liberties: Environmental Stewardship in Indonesia's Power Struggle Turnip, Immanuel Harri; Hasibuan, Marhara
Indonesian Journal of Environmental Law and Sustainable Development Vol. 3 No. 1 (2024): January-June, 2024
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijel.v3i1.40207

Abstract

This paper confronts the contentious power dynamics between central governance and local autonomy in environmental stewardship within Indonesia. It dissects the tug-of-war between centralized control and regional liberties, unveiling the ramifications for environmental management and protection. Through a critical lens, the paper examines how divergent interpretations of authority have precipitated a power struggle with far-reaching implications. It scrutinizes instances where central dominance has stifled local initiatives, constraining innovative approaches to environmental conservation. Conversely, it analyzes scenarios where unchecked regional autonomy has led to environmental exploitation and neglect. Drawing on empirical evidence and case studies, the paper unveils the multifaceted dimensions of this power struggle, encompassing legal ambiguities, political maneuvering, and socio-economic disparities. It highlights the inherent tensions between national environmental imperatives and regional aspirations for self-governance, fueling a discord that undermines sustainable development objectives. Furthermore, the paper interrogates potential pathways forward amidst this power struggle. It advocates for a recalibration of governance structures that reconcile centralized oversight with localized autonomy, fostering cooperative frameworks that empower regions while safeguarding national environmental interests. In conclusion, the paper underscores the urgency of addressing Indonesia's environmental power struggle. It calls for a nuanced approach that navigates the delicate balance between central control and local liberties, forging a path towards collaborative environmental stewardship that transcends political divides and fosters sustainable development for all Indonesians.
Dirty Dollars: Profits Over Planet in Indonesia’s Application of the Polluter Pays Principle Putra, Damar Sinatria
Indonesian Journal of Environmental Law and Sustainable Development Vol. 3 No. 1 (2024): January-June, 2024
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijel.v3i1.40208

Abstract

This paper critically examines Indonesia's application of the Polluter Pays Principle (PPP), revealing a troubling trend where economic interests often trump environmental responsibility. Through an in-depth analysis of case studies and regulatory frameworks, it exposes instances where corporations prioritize profits at the expense of environmental protection, exploiting regulatory loopholes and evading accountability for pollution. Drawing attention to the inherent tensions between economic development and environmental sustainability, the paper highlights the inadequacies in Indonesia's enforcement of the PPP. It scrutinizes the role of government agencies, industry actors, and civil society in perpetuating this profit-driven paradigm, shedding light on the challenges faced by environmental advocates in holding polluters accountable. Furthermore, the paper interrogates the implications of prioritizing profits over the planet, including the degradation of ecosystems, loss of biodiversity, and adverse impacts on public health and livelihoods. It underscores the urgent need for systemic reforms to align Indonesia's economic agenda with environmental imperatives, promoting a more balanced approach that prioritizes the planet alongside profits. In conclusion, the paper calls for a paradigm shift in Indonesia's application of the PPP, emphasizing the importance of robust regulations, transparent enforcement mechanisms, and corporate accountability measures. It advocates for a holistic approach that integrates environmental considerations into economic decision-making processes, safeguarding Indonesia's natural heritage for future generations while ensuring sustainable development and prosperity.
Extrajudicial Dispute Resolution in Handling Environmental Cases in Indonesia (Case Study: River Water Pollution by PT Sugar Labinta in South Lampung) Fauzi, Dzulfikar Ahmad
Indonesian Journal of Environmental Law and Sustainable Development Vol. 3 No. 1 (2024): January-June, 2024
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijel.v3i1.40209

Abstract

This paper examines extrajudicial dispute resolution mechanisms utilized in addressing environmental cases in Indonesia, with a focus on a specific case involving the alleged pollution of river water by PT Sugar Labinta in South Lampung. It delves into the legal frameworks, stakeholder engagement processes, and outcomes of extrajudicial dispute resolution efforts in environmental matters. Drawing on a case study approach, the paper analyzes the effectiveness and challenges of extrajudicial mechanisms in resolving environmental disputes, particularly in cases of alleged pollution by industrial entities. It explores the roles of various stakeholders, including government agencies, industry representatives, affected communities, and non-governmental organizations, in the resolution process. Furthermore, the paper evaluates the implications of extrajudicial dispute resolution on environmental protection, legal accountability, and community rights. It examines the extent to which such mechanisms contribute to the realization of environmental justice, sustainable development, and corporate responsibility in Indonesia. In conclusion, the paper offers insights into the strengths and limitations of extrajudicial dispute resolution in handling environmental cases, using the PT Sugar Labinta case as a lens. It suggests recommendations for improving the effectiveness and fairness of extrajudicial mechanisms, enhancing transparency, accountability, and community participation in environmental decision-making processes.
Implementation of Environmental Pollution and Damage Prevention Instruments in Indonesia: Issues and Challenges Alicia, Francisca Rachel
Indonesian Journal of Environmental Law and Sustainable Development Vol. 3 No. 1 (2024): January-June, 2024
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijel.v3i1.40210

Abstract

This paper delves into the implementation of environmental pollution and damage prevention instruments in Indonesia, highlighting the inherent issues and challenges. It scrutinizes the efficacy of existing measures in curbing environmental degradation and explores the obstacles hindering their successful execution. The findings underscore a myriad of challenges confronting the implementation process, ranging from regulatory gaps and enforcement deficiencies to institutional capacity constraints. Despite the presence of legislation aimed at safeguarding the environment, enforcement mechanisms often fall short due to inadequate resources, corruption, and lack of coordination among relevant stakeholders. Additionally, the complexity of environmental issues, coupled with rapid industrialization and urbanization, exacerbates the challenges faced in mitigating pollution and preserving natural resources. Addressing these challenges necessitates a multi-faceted approach that encompasses legislative reforms, capacity building initiatives, and enhanced collaboration between government agencies, civil society, and the private sector. Strengthening regulatory frameworks, improving monitoring and enforcement mechanisms, and promoting public awareness are crucial steps towards achieving sustainable environmental management in Indonesia. Moreover, integrating environmental considerations into broader policy agendas and fostering international cooperation are vital for addressing cross-border environmental challenges and ensuring long-term environmental sustainability. In conclusion, while Indonesia has made strides in formulating environmental policies, effective implementation remains a pressing issue. By identifying and addressing the challenges impeding the execution of pollution prevention instruments, Indonesia can bolster its environmental governance framework and pave the way for a greener and more sustainable future.