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Savana: Indonesian Journal of Natural Resources and Environmental Law
Published by Universitas Kuningan
ISSN : -     EISSN : 30479096     DOI : https://doi.org/10.25134/savana.v2i02.781
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Savana: Indonesian Journal of Natural Resources and Environmental Law, published three editions year-round (April, August, and December) as an ISSN national journal (e-ISSN 3047-9096), provides a forum for publishing research results articles, articles, and review books from academics, analysts, practitioners, and those interested in providing literature on legal studies. Scientific articles covering natural resources and environmental law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 35 Documents
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Penyelesaian Sengketa Konflik Kepemilikan Tanah dengan Pendekatan Litigasi di Pengadilan Tata Usaha Negara Anggita Anggita
Savana Vol 1 No 01 (2024): Savana
Publisher : Program Studi Ilmu Hukum, Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/savana.v1i01.30

Abstract

Land is an important thing in human life. In Indonesia, land is regulated in basic or basic rules, namely the Basic Agrarian Law (UUPA) of 1960. To guarantee ownership rights to land owned by someone, evidence is needed to support this ownership, namely by registering land and certifying it. land. However, of course these things cannot be separated from the existence of land disputes which can arise for various reasons. The aim of this research is to find out the regulations regarding land registration and the purpose of land registration as well as the benefits of land certificates and how to analyze examples of land disputes. . The method used in this article is a juridical-normative approach and uses descriptive-analytical research. The results of the research are that dispute resolution can be carried out by the National Land Agency or through litigation, namely through the State Administrative Court (PTUN). An example of a land dispute resolution submitted through the PTUN is Decree Number: 3/G/2023/PTUN.YK. Land certificate disputes that occur can be resolved through the Administrative Court, guided by applicable regulations. The results obtained after analyzing the case that occurred, in the end the lawsuit that was filed could not be followed up due to administrative and/or legal defects.
Pengaturan Kepemilikan Tanah Berdasarkan Hukum Pertanahan dan Implementasinya Gita Silva Pramesti
Savana Vol 1 No 01 (2024): Savana
Publisher : Program Studi Ilmu Hukum, Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/savana.v1i01.31

Abstract

Land has a very important role in the lives of all communities, such as its role as a place to live, plantation businesses, agricultural businesses, mining businesses, and so on. Some of the problems that often occur in Indonesian society are unequal ownership or control of land, land control without permission, problems related to land acquisition for development purposes to which those entitled or authorized. The aim of this research is to in-depth analyze aspects of land law from a legal perspective, using a case study of the Jakarta PTUN decision letter number 145/G/TF/2023/PTUN.JKT as the focus. The main objective is to identify and evaluate the implementation of land regulations in these concrete cases, as well as understand their impact on land law more broadly. This research method uses normative legal analysis methods and case studies. A normative legal analysis approach is used to evaluate the legal framework relevant to land, while the case study refers to the Jakarta PTUN decision letter number 145/g/tf/2023/ptun.jkt as the object of analysis. The data used in this research was obtained through a review of legal documents, such as laws, regulations and related court decisions. The results of the research are based on the analysis of the Jakarta PTUN decision number: 145/g/tf/20023/ptun.jkt, it can be concluded that the panel of judges stated that they rejected the plaintiff's lawsuit, because the plaintiff had misinterpreted the letter as a decision of Tun officials which actually only contained information. of a general nature regarding the blocking application submitted by the plaintiff to the defendant
Analisis Kritis Putusan Pengadilan Tata Usaha Negara dalam Perselisihan Izin Pinjam Pakai Kawasan Hutan untuk Pembangunan PLTA Tampur Alya Caesar Nurohma
Savana Vol 1 No 01 (2024): Savana
Publisher : Program Studi Ilmu Hukum, Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/savana.v1i01.32

Abstract

The aim of this research is to analyze the Banda Aceh PTUN decision Number 7/G/LH/2019/PTUN.BNA which was issued on August 28 2019. This decision granted the lawsuit filed by the Indonesian Forum for the Environment (Walhi) against the Governor of Aceh regarding licensing in publishing Borrow-to-Use Forest Area Permit for the Construction of the Tampur-I Hydroelectric Power Plant (443 MW) covering an area of ​​4,407 Ha in the name of PT Kamirzu in Gayo Lues Regency, Aceh Tamiang Regency, and East Aceh Regency, Aceh Province. The research method used in the article is a case study with a qualitative approach with research using secondary data from several Banda Aceh PTUN decision documents Number 7/G/LH/2019/PTUN.BNA, in the form of journal articles and related news. As a result of this research, the Banda Aceh PTUN Panel of Judges decided that the Dispute Object was invalid, and required the Defendant to withdraw the Dispute Object. The use of forest land for development does not comply with applicable licensing regulations, and the use of forest land for development also does not reflect permits that function in the public interest
Penegakan Hukum dalam Penanggulangan Pertambangan Batubara Illegal Trias Nugraha
Savana Vol 1 No 01 (2024): Savana
Publisher : Program Studi Ilmu Hukum, Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/savana.v1i01.33

Abstract

Coal mining is one sector that supports state and regional economies if management is environmentally friendly. Management of coal mining as a non-renewable natural resource must be carried out as optimally as possible, efficiently, transparently, sustainably and with environmental awareness. The aim of the research is to find out and analyze the regulation and law enforcement against illegal mining in Indonesia. The research method used by the author in researching the problem in writing this article is normative juridical research. The results of the research are the regulation of Article 158 of Law Number 4 of 2009 concerning Mineral and Coal Mining where if someone does not have an IUP, IPR, IUPK then they will be imprisoned for a maximum of 10 years and a maximum fine of IDR 10,000,000,000.00 (ten billion)  Enforcement The law in illegal mining cases is the decision of the Panel of Judges to sentence the Defendant to imprisonment for 8 (eight) months and a fine of IDR. 2,000,000.00 (two million Rupiah). The conclusion is that the mining issue cannot be separated from the agrarian issue, because Mining activities are underground and to carry out these activities, you must first obtain permission from the authorized official. Therefore, when carrying out mining activities, you must have a permit as regulated in the Coal Mining Licensing Regulations, Law Number 4 of 2009 concerning Mineral Mining. and Coal which discusses the form of regulatory licensing and licensing requirements.
Putusan Mahkamah Konstitusi dalam Pengelolaan Energi dan Sumber Daya Mineral dalam Perspektif Teori Sistem Hukum Shera Cipta Ramdini
Savana Vol 1 No 01 (2024): Savana
Publisher : Program Studi Ilmu Hukum, Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/savana.v1i01.34

Abstract

The Constitutional Court has decided the case filed by the Governor of East Java and the DPRD of East Java Province in case Number 11/PUU-XIV/2016. This decision became one of the landmark decisions of the Constitutional Court. The aim of this research is to find out and analyze the decisions of the Constitutional Court regarding the management of energy and mineral resources in Indonesia. This research method uses a normative juridical method with a statutory approach. The results of the research, Constitutional Court Decision Number 11/PUU-XIV/2016 have provided legal certainty regarding the regulation of the authority to administer geothermal energy for indirect use, including the authority to grant permits to the Central Government. In subsequent developments, geothermal regulation is regulated in the Job Creation Law which was declared formally conditionally unconstitutional based on Constitutional Court Decision Number 91/PUU-XVIII/2020. Legal system theory as an analytical tool functions to dissect factors relevant to the management of energy and mineral resources.
Penegakan Hukum terhadap Pelaku Tindak Pidana Penambangan Pasir Secara Illegal Anastasia Esa Ananta
Savana Vol 1 No 01 (2024): Savana
Publisher : Program Studi Ilmu Hukum, Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/savana.v1i01.35

Abstract

Mining is a natural resource that cannot be renewed so it must be managed as well as possible, efficiently and transparently and paying attention to the environmental impacts resulting from mining activities. The rampant illegal sand mining that occurs in Batam, Indonesia can certainly cause environmental damage. The aim of this research is to determine and analyze the regulation and law enforcement against perpetrators of illegal sand mining crimes. The research method used in this research is descriptive-analytic with a juridical-normative type of research. The results of research on regulations regarding perpetrators of illegal sand mining crimes are regulated in Article 158 which reads "every person who carries out mining without a permit as intended in article 35 shall be punished with a maximum imprisonment of 5 (five) years and a maximum fine of IDR 100,000,000,000 .00 (one hundred billion rupiah)”. Law enforcement against perpetrators of criminal acts of illegal sand mining, namely being sentenced by the Batam District Court with Batam District Court Decision No. 515/Pid.Sus/2022/PN Btm is the sentence imposed by the panel of judges including imprisonment for 1 year and 3 months for each defendant, as well as a fine of IDR 500,000,000.00. The conclusion is that law enforcement is running well and shows the court's seriousness in dealing with violations of mining and environmental protection laws. Additional punishment in the form of imprisonment if the fine is not paid, emphasizes that compliance with the law is non-negotiable.
Penegakan Hukum terhadap Kasus Pelanggaran Izin Usaha Pertambangan (IUP) pada Pertambangan Nikel Kanda Ramandana
Savana Vol 1 No 01 (2024): Savana
Publisher : Program Studi Ilmu Hukum, Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/savana.v1i01.42

Abstract

Mining is an activity that is very complex or very complicated in its implementation because not everyone can do it because it also deals with nature. If you don't pay attention to the natural ecosystem, it will damage nature, therefore mining such as mineral mining which is non-renewable energy or cannot be renewed. Permits must be prepared before carrying out mining analysis and production. The aim of the research is to analyze the regulation and law enforcement in cases of violations of mining business permits in nickel mining. The research method used in this research is descriptive-analytic with a juridical-normative type of research. The results of regulatory research are in Article 158 of Law Number 3 of 2020 concerning amendments to Law Number 4 of 2009 concerning Mineral and Coal Mining that: "Every person who carries out a mining business without a Mining Business Permit (IUP), People's Mining Permit ( IPR) or Special Mining Business Permit (IUPK) as intended in Article 37, Article 40 paragraph (3), Article 48, Article 67 paragraph (1), Article 74 paragraph (1) or paragraph (5) shall be punished with a maximum imprisonment 10 (ten) years and a maximum fine of IDR 10,000,000,000.00 (ten billion rupiah).” Law enforcement, namely in court decision decision no. 296/ Pid.Sus/ 2021/ PN Kdi, PT Kreasi Lippo In its decision, namely, sentencing the defendant to prison for 7 (seven) months and a fine of Rp. 1,000,000,000,- (One Billion Rupiah) with the provision that if the fine is not paid it will be replaced by imprisonment for 2 (two) months. The conclusion is that at the time of its realization law enforcement against illegal miners was still relatively light
Ketimpangan Regulasi dan Implementasi Penegakan Hukum Kasus Pencemaran Sumber Daya Air Reyna Yuliza Mahmudah
Savana Vol 2 No 02 (2025): SAVANA
Publisher : Program Studi Ilmu Hukum, Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/savana.v2i02.89

Abstract

Law Number 17 of 2019 concerning Water Resources serves as the legal basis for the protection of water resources, which are part of human rights and environmental sustainability. Water resources, as a vital component of life, are utilized for various purposes, including in industrial sectors such as mining, thus triggering conflicts of interest and having a negative impact on the environment, such as the case of PT. Lematang Coal Lestari, which was charged with Article 79 of the Water Resources Law for carrying out construction without a permit. The purpose of this study is to evaluate the effectiveness of regulations and legal implementation related to water resources management in the case of pollution of the Penimur River by PT. Lematang Coal Lestari. Pollution caused by corporate activities without technical permits reflects the weak application of the principle of strict liability in environmental protection. The research method used is normative juridical with the approach of Lawrence M. Friedman's legal system theory, which involves an evaluation of the legal substance, legal structure, and legal culture that play a role in water resources management. The study concluded that despite the existence of legal frameworks such as Law No. 32 of 2009 concerning Environmental Protection and Management and Law No. 2020 concerning Mineral and Coal Mining, their implementation remains weak. The sanctions imposed, such as a Rp 2 billion fine on PT. LCL, have proven ineffective in deterring perpetrators, and environmental restoration is not included in the punishment. In conclusion, this case demonstrates the need for legal reform, including strengthening sanctions, enforcing individual responsibility, ecological restoration, and increasing public oversight and participation.
Analisis Hukum terhadap Surat Keputusan Menteri Energi dan Sumber Daya Mineral dalam Perizinan Panas Bumi Fariz Azka Abdullah
Savana Vol 2 No 02 (2025): SAVANA
Publisher : Program Studi Ilmu Hukum, Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/savana.v2i02.90

Abstract

This study examines the discrepancy between the Decree of the Minister of Energy and Mineral Resources (ESDM) and the applicable laws and regulations regarding the management of the Dieng and Patuha Geothermal Working Areas (WKP). The main focus of the study is the analysis of the Decree of the Minister of Energy and Mineral Resources that regulates geothermal management in the area, which is considered inconsistent with the provisions of Law No. 27 of 2003 concerning Geothermal Energy and its derivative regulations. The results of the study indicate that both Decrees of the Minister of Energy and Mineral Resources No. 2789 K/30/MEM/2012 and No. 2192K/30/MEM/2014 regulate the management of the Dieng and Patuha WKP without considering the correct licensing procedures, especially regarding the auction mechanism and permit allocation which should be carried out in accordance with Law No. 27 of 2003. This discrepancy has the potential to create legal uncertainty in geothermal management, which can hinder the development of the geothermal industry in Indonesia. This study uses a normative juridical research method with an analytical approach to the legal norms contained in Law No. 27 of 2003 and the Decree of the Minister of Energy and Mineral Resources. The data used consist of primary legal materials such as laws and decrees of the Minister of Energy and Mineral Resources, as well as secondary legal materials in the form of books, journals, and expert opinions. This study recommends the need for improvements in the issuance of the Decree of the Minister of Energy and Mineral Resources to align with existing laws and regulations, to ensure legal certainty and sustainable management of geothermal resources in Indonesia.
Penegakan Hukum terhadap Tindakan Pembangunan Kontruksi pada Sumber Air Tanpa Izin Muhammad Luthfi Saputra; Suwari Akhmaddhian
Savana Vol 2 No 02 (2025): SAVANA
Publisher : Program Studi Ilmu Hukum, Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/savana.v2i02.91

Abstract

Water resources (SDA) are a vital basic need for human life, but their management is often misused, which is detrimental to the environment. In Indonesia, the management of SDA is regulated by various regulations, including Law No. 17 of 2019, which regulates the licensing mechanism for the utilization of SDA. This study aims to analyze the regulation of construction permits on water sources and the implementation of the law against unauthorized construction acts through a case study of Supreme Court decision No. 1932 K/PID.SUS/2016. The research method used is normative juridical with an analytical prescriptive approach, which examines related laws and regulations and relevant legal decisions. The results show that water resource licensing regulations require all activities related to SDA to obtain permits from the authorities. The case studied shows that the defendant carried out construction on a water source without a valid permit, violating the provisions of Law No. 7 of 2004 and Law No. 17 of 2019, and causing damage to the surrounding environment. This study concludes that law enforcement against violations of natural resource permits needs to be strengthened to prevent environmental damage and ensure sustainable natural resource management.

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