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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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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.
Penegakan Hukum terhadap Pengelolaan Sumber Daya Air Tanpa Izin di Indonesia Susi Sopiani; Suwari Akhmaddhian
Savana Vol 2 No 01 (2025): SAVANA
Publisher : Program Studi Ilmu Hukum, Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/savana.v2i01.96

Abstract

Water resources are essential for human life and ecosystems on Earth. Water resource management in Indonesia is an increasingly pressing issue due to the increasing need for clean water and the increasingly apparent impacts of climate change. The purpose of this study is to determine the regulation and implementation of unlicensed water resource management in Indonesia. The research method used is a normative juridical research method with a case approach, which analyzes court decisions and the relevance of existing laws and regulations. The results conclude that legal regulations regarding unlicensed water resource management have been formulated comprehensively, one of which is regulated in Law Number 17 of 2019 concerning Water Resources. Its implementation indicates that these violations are caused by low public legal awareness and weak oversight by the authorities. The judge's decision to grant probation reflects an educational and restorative justice approach in the Indonesian legal system. In conclusion, to improve the effectiveness of legal implementation, more intensive socialization regarding water resource licensing and strengthened oversight by the government and law enforcement officials are needed. This is expected to build a legal culture that supports the legal and sustainable sustainability of water resources.
Pertangungjawaban Hukum terhadap Pelaku Tindak Pidana Penyalahgunaan Liquefied Petroleum Gas (LPG) Bersubsidi di Indonesia Shinta Putri Sanjaya; Suwari Akhmaddhian
Savana Vol 2 No 01 (2025): SAVANA
Publisher : Program Studi Ilmu Hukum, Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/savana.v2i01.98

Abstract

This study aims to determine how law enforcement is carried out against perpetrators of criminal acts of misuse of Subsidized Liquefied Petroleum Gas (LPG) and how to analyze Court Decision Number 186/Pid.Sus/2024/PN.Cjr Concerning Subsidized Liquefied Petroleum Gas (LPG). The main legal basis governing the management of oil and gas in Indonesia is Law Number 22 of 2001 concerning Oil and Gas. The method used in this study is a normative juridical approach research method, namely reviewing and analyzing the effectiveness of laws and regulations, legal theories and jurisprudence related to the problems discussed. The results of the study indicate that the misuse of subsidized LPG involves criminal sanctions in the form of imprisonment, fines, and revocation of business licenses for corporate actors and has a negative impact on economic stability. The conclusion of this study is that Law Number 22 of 2001 concerning Oil and Gas comprehensively regulates all aspects related to the management of oil and gas. Liquefied Petroleum Gas (LPG) is a vital energy source for Indonesians, particularly for households and small businesses. Legally, misuse of subsidized LPG carries criminal sanctions, including imprisonment, fines, and even revocation of business licenses for corporations, and negatively impacts economic stability. Therefore, firm law enforcement measures and stricter distribution oversight are needed to accurately record subsidy recipients to ensure targeted and effective subsidies, and to consider more efficient direct subsidy mechanisms.
Penegakan Hukum terhadap Pelanggaran Perizinan Pengangkutan Bahan Bakar Minyak Bumi di Indonesia Didit Firmansyah
Savana Vol 2 No 01 (2025): SAVANA
Publisher : Program Studi Ilmu Hukum, Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/savana.v2i01.99

Abstract

Violations of permits in the petroleum industry have significant impacts on legal, environmental, and economic aspects. In a legal context, these violations can result in administrative, criminal, and civil sanctions in accordance with the provisions stipulated in Law No. 22 of 2001 concerning Oil and Natural Gas and its derivative regulations. This study aims to determine the regulations governing it and how these regulations are implemented in the transportation of petroleum fuel in Indonesia. The method used is the normative legal method. The results of the study indicate that criminal acts of misuse of petroleum transportation and trade are regulated in the provisions of Article 55 of Law No. 22 of 2001 concerning Oil and Natural Gas which regulates the sanctions that will be obtained if they violate permits in illegal fuel transportation. In the licensing of petroleum fuel transportation, it shows that in the transportation of subsidized fuel, many individuals still do not have permits for the transportation of subsidized fuel, this is due to the lack of supervision, and the complexity of making these permits. In overcoming this crime, it is considered ineffective in its implementation for several reasons, one of which is that Law No. Law No. 22 of 2001 contains weaknesses and loopholes that allow perpetrators to escape justice. To address this, it is recommended to strengthen oversight through technology, simplify licensing procedures, and increase regulatory capacity. Furthermore, education and outreach are needed to encourage business compliance with applicable regulations. Firm and transparent law enforcement, along with public involvement in oversight, are also key to preventing similar violations in the future.
Izin Pengelolaan Pertambangan Batu Bara Berdasarkan Undang-Undang tentang Pertambangan Mineral dan Batubara di Indonesia Faturachman Shidiq
Savana Vol 2 No 01 (2025): SAVANA
Publisher : Program Studi Ilmu Hukum, Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/savana.v2i01.100

Abstract

This article aims to identify and analyze coal mining management permits based on Indonesian laws and regulations. The research method used in this paper is a normative juridical research method. The results show that coal management permits in Indonesia are regulated by Law Number 3 of 2020, which amends Law Number 4 of 2009 concerning Mineral and Coal Mining. This law emphasizes sustainable natural resource management, community involvement, and optimizing added value through domestic processing and refining activities. The conclusion is that the implementation of mining regulations faces several challenges, such as conflicts between economic, social, and environmental interests, as well as addressing illegal mining activities. Legal protection for communities living around mining areas must be based on Pancasila values ​​and prioritize the principle of social justice. To maximize the benefits of the mining sector, a regulated, transparent, and sustainability-oriented licensing system is required.
Analisis Putusan Pengadilan dalam Perkara Tindak Pidana Pencemaran Udara Susi Sopiani
Savana Vol 1 No 02 (2024): SAVANA
Publisher : Program Studi Ilmu Hukum, Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/savana.v1i2.128

Abstract

Air pollution is one part of physical environmental pollution. Air pollution according to the Government Regulation on air pollution control is the entry or introduction of substances, energy, and/or other components into ambient air by human activities, so that the quality of ambient air decreases to a certain level that causes ambient air to be unable to fulfill its function. The research method used is to use a type of normative legal research method, by examining library materials or secondary data which include primary legal materials, secondary legal materials and tertiary legal materials using Decision Number 68/Pdt.G/LH/2022/PN Rap. The results of the study, namely the lawsuit was rejected by the Court and the impact was air pollution, namely respiratory disorders, cardiovascular disease, impaired fetal development, decreased lung function, and chronic diseases. Conclusion Air is very important because it provides oxygen and other gases that are essential for all life on earth. Air pollution or contamination is the introduction of other components into the air, either by human activities directly or indirectly or due to natural processes. The impacts of this pollution include respiratory disorders, cardiovascular disease, impaired fetal development, decreased lung function, and chronic diseases. Suggestions Palm oil mills need to adopt more effective pollution control technologies to reduce emissions of hazardous materials into the air. Local governments and environmental regulatory agencies must ensure that palm oil mills comply with all applicable environmental regulations and standards. Local communities must be empowered and educated about their rights and how to advocate for a healthy environment.
Penegakan Hukum terhadap Pelaku Pembukaan Lahan yang Menyebabkan Kebakaran Hutan Ratu Sheebakayla
Savana Vol 1 No 02 (2024): SAVANA
Publisher : Program Studi Ilmu Hukum, Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/savana.v1i2.146

Abstract

Abstract Forest fires caused by land clearing activities are a serious problem that threatens the ecosystem, public health, and the economy. Pollution and environmental damage in forest fire cases in Indonesia are serious problems. The purpose of this study was to determine and analyze the regulation and implementation of law enforcement against perpetrators of land clearing that cause forest fires. The research method used is normative juridical. The legal materials used are laws and regulations related to the environment and court decisions 205 / Pid.B / LH / 2023 / PN Kgn. The results of the study are that law enforcement can be used as a rule to overcome environmental problems by referring to the Law on Environmental Management and Protection, the Law on Plantations, the Law on Prevention and Eradication of Forest Destruction. The law enforcement carried out is to impose a criminal sentence on the perpetrators to imprisonment for 10 (ten) months and a fine of IDR 30,000,000.00 (thirty million rupiah). Conclusion: The Indonesian Government continues to strengthen regulations and law enforcement to address this issue, although major challenges remain regarding law enforcement in the field and compliance of perpetrators with existing regulations. Suggestions include strengthening regulations and strict law enforcement, educating the public about the dangers of forest fires, and developing firefighting infrastructure. Collaboration between stakeholders is also important in this effort. It requires commitment to handling and preventing forest fires and also requires participation from all parties to continue to protect and preserve Indonesia's forests, in order to become useful provisions for future generations
Penegakan Hukum terhadap Tindak Pidana Penjualan Hasil Tambang Tanpa Izin di Indonesia (Studi Putusan Nomor 48/Pid.Sus/2023/Pn.Mntk) Ratu Sheebakayla; Suwari Akhmaddhian
Savana Vol 2 No 01 (2025): SAVANA
Publisher : Program Studi Ilmu Hukum, Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/savana.v2i01.150

Abstract

The abundance of mining resources in Indonesia, besides having positive impacts, can also have negative impacts, such as triggering the practice of selling mining products without permits. This study aims to determine the regulation of criminal acts of selling mining products without permits and its implementation in cases of illegal mining in West Bangka Regency based on Decision Number 48/Pid.Sus/2023/Pn.Mntk. The research method used in this research is the library research method. The results show that based on Law Number 3 of 2020 concerning Amendments to Law Number 4 of 2009 concerning Mineral and Coal Mining, every mining activity is required to have a permit. Mining without permits causes significant losses to the state and society. In conclusion, the crime of selling mining products without a permit is regulated in Article 161 of Law Number 3 of 2020 concerning Amendments to Law Number 4 of 2009 concerning Mineral and Coal Mining where the perpetrator is threatened with a maximum imprisonment of 5 (five) years and a maximum fine of IDR 100,000,000,000.00 (one hundred billion rupiah). The implementation of the regulation of the practice of selling mining products without a permit in Decision Number 48 / Pid.Sus / 2023 / Pn.Mntk is shown by the imposition of a criminal sentence on the Defendant YF with a prison sentence of 4 (four) months and a fine of IDR 1,000,000 subsidiary 2 (two) months. The government should carry out strict supervision in the mining sector to prevent and overcome the practice of selling mining products and needs to hold socialization regarding the negative impacts of illegal mining.
Kebijakan Pemindahan Ibu Kota Nusantara (IKN) Perspektif Pembangunan Berkelanjutan Berwawasan Lingkungan Najwa Tasya
Savana Vol 1 No 02 (2024): SAVANA
Publisher : Program Studi Ilmu Hukum, Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/savana.v1i2.193

Abstract

This study aims to determine the problems arising from the development of the Indonesian Capital City and its development process from the perspective of environmentally sustainable development. The development and relocation of the Indonesian Capital City have raised pros and cons from various parties. This research method uses a normative legal approach. The results of the study are that the Policy for the Development of the Indonesian Capital City in East Kalimantan Province is considered to bring economic benefits, as well as provide potential for equitable development for areas outside Java, but also raises polemics related to environmental issues. Therefore, environmentally conscious development is needed, namely development that is oriented towards the management of natural resources while making efforts to protect them. Suboptimal development causes the creation of a less conducive environment, and can also result in an environment that is less supportive, hindering development in a particular region or area. The conclusion is that development policies must pay attention to environmental aspects so that the existence of the Indonesian Capital City will benefit the community and not become a burden on the environment.

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