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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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Gugatan Perwakilan Kelompok (Class Action) tentang Pencemaran Air Pada Sungai Kalundang Dela Meilany
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.v1i2.211

Abstract

Water pollution is an event caused by the entry of living things, substances, energy or other elements into water in the form of gas, dissolved substances and particles, so that it can cause damage to the water, polluting the quality of the water and disrupting its function. This study aims to analyze legally and based on the Decision of the Rantau Prapat District Court Number 15 / Pdt.G / LH / 2023 / PN.RAP. The research method used in this study uses a normative method, namely the rules of literature study, namely collecting and conducting studies of several library sources. The results of the study are that the Plaintiff's Lawsuit was declared invalid. The Plaintiff does not have legal standing in accordance with Article 5 paragraph 3 of the Regulation of the Supreme Court of the Republic of Indonesia Number 1 of 2002 concerning Class Action Lawsuits and other laws and regulations. The conclusion of the Class Action Lawsuit must be based on the Regulation of the Supreme Court of the Republic of Indonesia Number 1 of 2002 concerning Class Action Lawsuits. Advice for every plaintiff to understand the applicable laws and regulations so that future Class Action Lawsuits can be accepted.
Penegakan Hukum Pemanfaatan Sumber Daya Panas Bumi pada Studi Kasus Pembebasan Lahan Nova Novian Tika
Savana Vol 1 No 03 (2024): SAVANA
Publisher : Program Studi Ilmu Hukum, Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/savana.v1i03.214

Abstract

This study examines the utilization of geothermal resources in land acquisition cases, focusing on Ambon District Court Decision Number 36/Pid.Sus-TPK/2022. This study aims to analyze geothermal utilization regulations based on Indonesian positive law and the application of Lawrence M. Friedman's legal system theory to dispute resolution. The research method used is normative juridical with a statutory approach. The results indicate that the main obstacles to geothermal utilization are land acquisition conflicts, overlapping regulations, and a lack of community participation. The dispute in the Tulehu Geothermal Power Plant case indicates weak compliance with village financial management and transparency. The application of legal system theory demonstrates that harmony between legal structure, legal substance, and legal culture is necessary to resolve disputes and support the sustainable development of geothermal energy.
Efektivitas Implementasi Kebijakan Pengendalian Pencemaran Udara di Indonesia Gefira Minhatul Maula
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.v1i2.223

Abstract

Air pollution is a significant environmental problem in Indonesia, affecting public health and environmental quality. Air pollution control policies have been implemented to address this issue. This study aims to evaluate the effectiveness of the implementation of air pollution control policies in Indonesia from an environmental law perspective and examine community participation in supporting the implementation of these policies. This study uses a juridical-normative method with a case study approach, namely Decision Number: 14 / PDT.G / LH / 2018 / PN.Gns. The results of the study are that this decision is a dispute between residents of Untoro Village, Trimurjo District, Central Lampung Regency and PD. Subur Jaya which is located in Untoro Village, Trimurjo District, Central Lampung Regency. This dispute occurred because of the pollution of PD. Subur Jaya rice factory waste which has disturbed local residents and caused air pollution. Analysis of the decision shows that although the air pollution control policy has been well formulated, its implementation faces various obstacles, such as lack of coordination between institutions, limited resources, and ineffective law enforcement. In addition, public participation in supporting this policy is still low, due to the lack of socialization and education regarding the importance of air pollution control. In conclusion, the implementation of air pollution control policies in Indonesia has not been fully effective from an environmental law perspective. Improved coordination between institutions, strengthened law enforcement, and increased public participation through more intensive socialization and education are needed to achieve better results in air pollution control in Indonesia.
Regulasi Penegakan Hukum terhadap Pencemaran Air di Sungai Citarum, Jawa Barat Dhita Amelia
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.v1i2.245

Abstract

The principle of environmental insight is the principle of capital investment carried out while still paying attention to and prioritizing environmental protection and maintenance. The government in carrying out development must also pay attention to the ecosystem and the surrounding environment. The purpose of this study is to analyze and enforce the law on Citarum River pollution based on the Principle of Environmental Insight, which includes the principles of sustainability, community participation, and environmental responsibility. The method used in this study is normative juridical with qualitative analysis with the data produced in the form of secondary data obtained from previous studies, laws and regulations, and other sources. The results of the study are the Regulation on water pollution in Article 60 of the PPLH Law: "Everyone is prohibited from dumping waste and/or materials into environmental media without permission". Article 104 of the PPLH Law: "Anyone who dumps waste and/or materials into environmental media without permission as referred to in Article 60, shall be punished with imprisonment of a maximum of 3 (three) years and a maximum fine of Rp3,000,000,000.00 (three billion rupiah). Conclusion Law enforcement in environmental issues has been regulated in environmental laws and regulations. Environmental law is a legal rule for every management and protection of the environment. Suggestion The government needs to strengthen regulations related to the disposal of industrial and domestic waste into rivers. Strict and consistent law enforcement must be implemented to ensure that polluters receive appropriate sanctions. Routine inspections and firm action against violators will be important steps
Penegakan Hukum terhadap Korporasi sebagai Pelaku Tindak Pidana Pencemaran Air Fatur Faturohman
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.v1i2.270

Abstract

The increase in economic needs in a society causes one of the basic human rights to be violated by corruption perpetrators, the existence of waste pollution carried out by PT. Sari Inti Prima Perkasa due to leakage of wastewater treatment installations causes the river and land of residents around the location of PT. Sari Inti Prima Perkasa to experience a decline in environmental quality. The purpose of this study is to determine the role of criminal law in enforcing the law, and efforts that can be made to realize environmental sustainability and preservation. This research method is normative legal research by delving deeper into secondary information in the form of literature reviews and related laws and regulations. Primary legal materials are laws and regulations such as Law Number 32 of 2009 concerning Environmental Management and Protection, Government Regulation Number 101 of 2014 concerning Management of Hazardous and Toxic Waste, and Government Regulation Number 22 of 2021 concerning Implementation of Environmental Protection and Management and Decision Number: 168 / Pid.BLH / 2023 / PN.Bls. The results of the study are based on Decision Number: 168/Pid.BLH/2023/PN.Bls, which sentenced the Defendant to 1 (one) year in prison and a fine of Rp. 100,000,000 (one hundred million rupiah) with the provision that if the fine is not paid, it will be replaced with imprisonment for 1 (one) month. The conclusion is that environmental criminal law enforcement has been carried out in accordance with the laws and regulations in force in Indonesia. The suggestion is to encourage collaboration and coordination between every stakeholder in the community in order to protect the environment and more massive law enforcement in realizing environmental sustainability and sustainability.
Efektivitas Regulasi dan Implementasi Hukum Terhadap Pertambangan Batubara Tanpa Izin di Indonesia Dela Meilany
Savana Vol 1 No 03 (2024): SAVANA
Publisher : Program Studi Ilmu Hukum, Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/savana.v1i03.271

Abstract

This research aims to identify the effectiveness of regulations and legal implementation regarding illegal coal mining in Indonesia, focusing on a case study of case No. 210/Pid.Sus/2024/PN Bta. Illegal coal mining (PETI) is a serious problem with negative environmental, social, and economic impacts in Indonesia. This research uses a normative method, namely the literature review principle, which involves collecting and reviewing several sources. Despite various regulations governing legal mining activities, illegal mining practices remain rampant. In this context, this study analyzes the extent to which existing regulations, such as Law No. 4 of 2009 concerning Mineral and Coal Mining and Government Regulation No. 23 of 2010, are implemented. Despite existing regulations, their implementation is hampered by factors such as inter-agency coordination, limited resources, and suboptimal community participation. Therefore, it is recommended to improve oversight, strengthen community participation, and implement policy reforms to improve the effectiveness of legal implementation regarding illegal coal mining in Indonesia.
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.
Peran Regulasi dalam Pengelolaan Sumber Daya Air pada Industri Pertambangan Hilda Chaerunisa
Savana Vol 1 No 03 (2024): SAVANA
Publisher : Program Studi Ilmu Hukum, Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/savana.v1i03.810

Abstract

This article discusses the applicable regulations in water resource management in the mining industry and how they are implemented in the perspective of Pelalawan District Court Decision Number 350/Pid.B/LH/2019/PN.Plw, which aims to determine and assess the applicable regulations and arrangements in Indonesia. This research adopts normative legal analysis methods and case studies. Law Number 17 of 2019 concerning Water Resources states that water resource management must be carried out sustainably, including the use of water for business activities such as mining. One human activity that can reduce river water quality is sand mining, which can occur due to the discharge of washing waste into rivers. The main challenge in implementing mining law in Indonesia is that consistent enforcement of regulations can create uncertainty for industry players and trigger conflicts between the government, mining companies, and local communities. Emphasizes the importance of water resource management in the mining industry in Indonesia. The need for increased supervision of mining activities and more consistent law enforcement.
Penegakan Hukum Pertambangan dalam Pengembangan Sumber Daya Panas Bumi di Indonesia Zidni Octafia Hafsah
Savana Vol 1 No 03 (2024): SAVANA
Publisher : Program Studi Ilmu Hukum, Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/savana.v1i03.811

Abstract

Mining legal policy in the development of geothermal resources in Indonesia, with a focus on the case study of Decision Letter Number 489 K/Pdt.Sus-Pailit/2015. Indonesia has great potential in geothermal renewable energy which can be utilized to meet national energy needs. Through a normative juridical approach, this research analyzes legal policies governing the management of geothermal resources and their implementation in the context of legal disputes. The research results show that although there is a supportive legal framework, challenges in implementing and enforcing the law still exist, especially related to compliance with contractual agreements. The Supreme Court's decision in this case emphasizes the importance of fulfilling legal obligations by parties involved in geothermal exploitation, as well as the implications for sustainable natural resource management. It is hoped that this research will provide insight for the development of better policies in the renewable energy sector in Indonesia.

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