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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 7 Documents
 1 
Search results for , issue "Vol 2 No 02 (2025): SAVANA" : 7 Documents clear
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.
Penegakan Hukum terhadap Pelaku Tindak Pidana Pertambangan Batu Hias Ilegal di Indonesia Ahmad Jalaludin Arrodli; 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.v2i02.93

Abstract

This study aims to analyze law enforcement against the crime of illegal ornamental stone mining, specifically based on a case study of Decision Number 40/Pid.Sus/2024/PN Mna at the Manna District Court. This study uses a normative juridical method by examining Decision Number 40/Pid.Sus/2024/PN Mna and Law Number 4 of 2009 concerning Mineral and Coal Mining. The analysis shows that law enforcement officials have taken firm action by imposing penalties on perpetrators who violate the rules. However, there are obstacles in law enforcement due to low public awareness, limited equipment, and weaknesses in the legal structure and culture in the community. The conclusion states that law enforcement needs to be strengthened through licensing system reform, public education, and more effective supervision to prevent future violations. Suggestions Strengthening cooperation between law enforcement officials and the community, Legal education about the importance of mining permits, Policy reforms that expedite and simplify the processing of mining permits.
Penegakan Hukum terhadap Pelaku Tindak Pidana Penyalahgunaan Gas Bumi Bersubsidi Nirma Sri Asyfa; 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.v2i02.95

Abstract

Natural gas, as a strategic resource, undergoes various stages in exploration, exploitation, and processing to become downstream products such as Liquefied Petroleum Gas (LPG), a product of natural gas management aimed at supporting government energy policies to assist vulnerable communities. However, misuse of subsidized natural gas remains common. Based on this, this article examines the case of Decision No. 151/Pid.B/LH/2022/PN Kdr. The purpose of this article is to determine the effectiveness of regulations in managing natural gas distribution and to understand how the legal system can support more effective enforcement. The research method used is normative juridical. The analysis concludes that the application of natural gas regulations to address the misuse of subsidized LPG distribution can be seen in how these regulations serve as the legal basis for protecting energy subsidies from practices detrimental to the public and the state. The application of legal system theory to this case demonstrates that the misuse of subsidized gas is not only caused by weaknesses in the legal structure or legal substance but also influenced by the existing legal culture.
Pertangungjawaban Hukum Pelaku Tindak Pidana Pertambangan Emas Ilegal di Indonesia Ine Tustinaningsih; 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.v2i02.584

Abstract

Indonesia is a country with abundant natural resources, including minerals and coal. However, the management of these natural resources faces serious challenges, one of which is the practice of illegal mining, especially unlicensed gold mining which harms the state and pollutes the environment. This research aims to analyze the legal arrangements related to the crime of illegal gold mining in Indonesia and its implementation in the case of Decision Number 16/Pid.Sus/2024/PN Mbo. The method used is normative juridical, by examining legal theory and related legislation. The results showed that Law Number 3 of 2020 concerning Mineral and Coal Mining has clearly regulated illegal mining crimes, including criminal sanctions and heavy fines. However, implementation in the field is still constrained by weak supervision, limited resources, and lack of law enforcement. Case No. 16/Pid.Sus/2024/PN Mbo revealed a violation of Article 158 of the Minerba Law, in which the defendant was found guilty of mining without a license and sentenced to imprisonment and a fine. The conclusion is that legal arrangements related to illegal mining in Indonesia are quite comprehensive, but their implementation requires strengthening. Suggestions include improved coordination between the central government, local governments and communities, as well as stricter law enforcement to effectively address illegal mining.
Penerapan Asas Kepastian Hukum dalam Pemungutan Penerimaan Negara Bukan Pajak di Perusahaan Tambang Panas Bumi Muhammad Alghifari Kusumawardany
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.v2i02.781

Abstract

The purpose of this study is to find out about the regulation of non-tax state revenue in geothermal mining companies and the implementation of the General Principles of Good Governance in the collection of Non-Tax State Revenue in geothermal mining companies. The method used in this study is normative juridical where the author collects literature sources and applicable laws and regulations. The results of this study are the regulation of non-tax state revenue regulated by Law Number 9 of 2018 concerning Non-Tax State Revenue which ensures and maintains the scope of non-tax revenue coverage, namely PNBP, so that it is in accordance with the package of Laws in the field of State Finance and also realizes good governance and there are still government officials who do not comply with the regulations with real evidence in the case study in the decision number: 90 / G / 2018 / PTUN-JKT that the official did not apply the principle of legal certainty in the collection of non-tax state revenue, thus causing losses for business actors. The conclusion of this study is that abundant natural resources, especially geothermal, can make a good contribution to the development of the country as long as the management is carried out by the state through instruments the government complies with applicable regulations.

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