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Articles 8 Documents
 1 
Search results for , issue "Vol. 5 No. 2 (2025): October" : 8 Documents clear
The Protection of Ecological Rights of Peatland Communities in Indonesia’s National Legal Policy: A Legal and Human Rights Perspective Analysis Hanafi, Hanafi; Tista, Adwin; Rahman, Muhammad Ghazali; Azizah, Noor
International Journal of Law, Environment, and Natural Resources Vol. 5 No. 2 (2025): October
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v5i2.139

Abstract

The peatland ecosystem in Indonesia, covering an area of 33.4 million hectares, plays a strategic role as a carbon sink, a water regulator, a habitat for biodiversity, and a foundation of community livelihood in economic, social, and cultural dimensions. However, its sustainability is increasingly threatened by land conversion, natural resource exploitation, and infrastructure development that neglects ecological principles. Weak governance, development policies prioritizing investment, and limited community participation have resulted in environmental degradation, agrarian conflicts, and the erosion of local communities’ ecological rights. Constitutionally, the right to a good and healthy environment is guaranteed under Article 28H paragraph (1) and Article 33 paragraph (3) of the 1945 Constitution, as well as Law No. 32 of 2009 on Environmental Protection and Management. This recognition is further reinforced by international instruments such as the 1972 Stockholm Declaration, the 1992 Rio Declaration, the 2015 Paris Agreement, and the Sustainable Development Goals (SDGs), which affirm environmental rights as part of third-generation human rights. Nevertheless, the implementation of ecological rights protection continues to face challenges, including weak law enforcement, limited access to justice, and the dominance of economic paradigms. This study examines the protection of ecological rights of peatland communities within Indonesia’s national legal policy through a human rights perspective, while also analyzing its harmonization with international law. The study is expected to contribute to strengthening regulation, advancing conservation strategies, and formulating policies grounded in ecological justice and human rights.
Regional Food Security Policy Directions to Ensure Adequate Food Availability and Access Ariany, Lies; Zulaeha, Mulyani; Fahlani, Soffyan Angga; Mustika, Cindyva Thalia; Lestari, Saskia Dinda; Maulida, Eprilia; Andray, Nabil Noor
International Journal of Law, Environment, and Natural Resources Vol. 5 No. 2 (2025): October
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v5i2.140

Abstract

Food security reflects the extent to which a country or region is capable of providing sufficient, safe, and nutritious food for its entire population. Efforts to strengthen food security are of vital importance in realizing a safe, healthy, and prosperous society. In the context of national development, food security has become one of the main priorities, which undoubtedly requires active support from local governments. This is closely related to the fulfilment of the right to food, which is a fundamental right of every citizen. The issue addressed in this study concerns the forms of food governance implemented by local governments to support food security at the local level. To address this issue, a normative legal research method is employed to examine the policy directions of local governments in ensuring the availability of food that is both adequate and accessible to the community. In ensuring the sustainable fulfilment of food needs, local governments play a strategic role in managing the food system within their regions. This role is realized through policy formulation, regulatory development, and the implementation of programs based on local potential. Thus, local governments can serve as key actors in promoting equitable and sustainable national food security.
Criminal Defamation Through Social Media and Its Legal Implications in Indonesia Herlina, Sri
International Journal of Law, Environment, and Natural Resources Vol. 5 No. 2 (2025): October
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v5i1.142

Abstract

The digital era has brought about a fundamental transformation in the communication patterns of Indonesian society through social media platforms, while at the same time giving rise to complex challenges in the field of criminal law. The Constitutional Court Decision No. 105/PUU-XXII/2024, issued on April 29, 2025, has shifted the legal paradigm of defamation by restricting the object of the offense solely to individual persons. This study analyzes the evolution of legal regulation of defamation in the digital era, the impact of the Constitutional Court’s decision on freedom of expression, and the challenges in implementing Law No. 1 of 2024 concerning the Second Amendment to the Electronic Information and Transactions Law (ITE Law) in law enforcement practices. Social media has become a virtual public sphere that can influence the reputation of both individuals and institutions with unlimited speed and reach, thereby requiring adaptive legal regulation (Rumondor et al., 2024). This research employs a normative juridical method with a statutory approach and judicial decision analysis. The analysis shows that although the Constitutional Court’s decision provides broader space for criticism of public institutions, technical challenges and legal harmonization still require regulatory strengthening and capacity-building for law enforcement officials. This study recommends the necessity of comprehensive dissemination to law enforcement authorities, the development of standardized operational procedures, and the enhancement of digital literacy among the public to prevent criminal defamation through social media.
Local Government Efforts in Protecting Productive Wetland Forests as the Basis for Food Security in South Kalimantan Audina Sukmawan, Yulia; Ifrani, Ifrani; Topan, Muhammad; Fahmanadie, Daddy; Amrin, M. Ali; Damayanti, Dwi; Awanis, Saraya Aisya
International Journal of Law, Environment, and Natural Resources Vol. 5 No. 2 (2025): October
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v5i2.143

Abstract

The environment as a legal subject is fundamentally regulated by law. Efforts to protect and manage the environment in Indonesia continue to experience developments in its regulations, especially with the enactment of Law No. 32 of 2009 concerning Environmental Protection and Management, which replaced Law No. 23 of 1997 concerning the Environment. In addition to Law No. 32 of 2009, which serves as the parent law in the environmental sector, there are also other sectoral laws related to the environment, such as laws in the fields of forestry, mining, natural resources, and others. Peat swamp forests are one of the types of wetlands that are most threatened in Indonesia due to pressure from various human activities. Forest conversion or forest conversion into agricultural land, plantations, and production forests can threaten the existence of natural peat swamp forests. The purpose of this study is to determine and analyze the role of local governments in protecting wetland production forests in supporting food security in South Kalimantan and analyze converted agricultural land. Based on the research results obtained, 1,300 hectares of agricultural land have become yellow due to the increasingly rampant land conversion. Farmer groups in South Kalimantan are still active as farmers, 75% of whom are sharecroppers. By using annual crops, farmers in South Kalimantan produce 10-11 tons of rice per year with a 6-month planting period. However, unfortunately, the government program that encourages farmers to achieve an agricultural index of 200 per year has not been fully achieved, South Kalimantan's agricultural index is still at 100, considering that natural conditions have a major influence on the success of planted rice. Through this research, all problems regarding wetland production forests will be solved in supporting food security in South Kalimantan.
The Impact of the Administrative System on the Effectiveness of Retribution Collection and Its Contribution to the Local Own-Source Revenue of Tapin Regency Ramadhan, Muhammad; Ifransyah, Rosyid
International Journal of Law, Environment, and Natural Resources Vol. 5 No. 2 (2025): October
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v5i2.144

Abstract

Market service retribution, particularly from the market sector, is one of the strategic sources of Local Own-Source Revenue (PAD) in supporting regional development financing. However, in Tapin Regency, the management of market retribution receivables still faces various challenges, particularly related to a suboptimal administrative system. This study aims to analyze the influence of the administrative system on the effectiveness of market retribution collection and its contribution to increasing PAD in Tapin Regency. The research uses a qualitative descriptive approach, with data collected through in depth interviews with stakeholders at the Department of Trade and the Market Technical Implementation Unit (UPT Pasar). The findings indicate that limitations in the number of collectors, suboptimal distribution of retribution bills (SKRD), and the continued use of manual systems in billing and record keeping are major obstacles in retribution management. Additionally, disorganized archiving and the lack of an integrated digital system reduce the effectiveness of monitoring and accountability. Despite ongoing reform efforts through human resource development and digital application initiatives, implementation still requires careful planning and strong policy support. The study concludes that a well structured administrative system significantly influences the effectiveness of retribution collection and the realization of PAD from the market sector. Recommendations include accelerating the digitalization of the retribution system, increasing the number of collection personnel, and formulating comprehensive technical regulations for retribution implementation.
Confiscation of Crypto Asset Evidence: Legal Challenges in Cybercrime Enforcement in Indonesia Widhartama, I Gede; Frederik, Wulanmas; Kalalo, Merry Elizabeth; Bawole, Herlianty Y.A.
International Journal of Law, Environment, and Natural Resources Vol. 5 No. 2 (2025): October
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v5i2.145

Abstract

The development of information technology has introduced crypto assets as an innovation in the global financial system. The emergence of crypto assets presents both opportunities and challenges, particularly in the enforcement of cybercrime law in Indonesia. Their decentralized, anonymous, and cross-border nature makes them difficult to trace and highly vulnerable to misuse for crimes such as money laundering, online fraud, and terrorism financing. Within the national legal framework, regulatory ambivalence persists: Bank Indonesia prohibits the use of crypto as a means of payment, while Bappebti legitimizes it as a futures commodity. This dualism creates complex legal challenges, especially when crypto assets are treated as evidence in criminal proceedings. The Criminal Procedure Code (KUHAP), which remains oriented toward conventional evidence, has not accommodated the unique characteristics of digital assets, resulting in the seizure and confiscation of crypto assets through broad interpretations that often invite conflicting views and pretrial disputes. This research adopts a normative-empirical juridical approach using a statute approach, supported by secondary data and interviews. The findings reveal that the regulation of crypto asset confiscation in Indonesia remains fragmented, spread across multiple legal instruments, and lacks explicit technical guidance. Consequently, weaknesses persist in legal certainty, procedural effectiveness, third-party protection, and Indonesia’s alignment with international standards. Therefore, this article recommends establishing comprehensive digital asset confiscation regulations, enhancing law enforcement technical capacity, clarifying institutional authority, and integrating national mechanisms with international standards such as the FATF and the Budapest Convention to ensure effective and legally certain implementation consistent with the rule of law.
The Concept of the Effectiveness of Awarding Whistleblowers as a Preventive Effort for Narcotics Crimes in the Perspective of Economic Analysis of Law Tokan, Bebe
International Journal of Law, Environment, and Natural Resources Vol. 5 No. 2 (2025): October
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v5i2.146

Abstract

The circulation of illicit narcotics in Indonesia continues to rise despite the existence of comprehensive legal regulations. According to data from the Indonesian National Police (Polri) through the Directorate of Narcotics Crimes (Dittipidnarkoba) and the Regional Police Narcotics Directorates, there were 38,934 cases of illicit narcotics trafficking from January to October 2025. This figure demonstrates that current laws have not been fully effective in suppressing narcotics-related crimes. Therefore, an alternative and more adaptive legal approach is needed, one of which is the Economic Analysis of Law. This study aims to formulate the concept of effectiveness in granting rewards to whistleblowers as a preventive measure in combating narcotics crimes. The research applies a normative juridical method with a legislative approach by examining statutory provisions concerning whistleblower protection and incentives, and evaluating them through an economic perspective to understand how legal rules generate costs, benefits, and behavioral responses within society. The findings indicate an innovative strategy that integrates legal and economic aspects in a balanced manner. Providing financial incentives to whistleblowers is not only a form of recognition for lawful acts but also a rational instrument to encourage greater legal compliance. Such incentives are expected to increase public participation in reporting narcotics crimes, thereby supporting law enforcement efforts. This incentive-based policy has strong potential as an effective preventive measure to promote active community involvement in combating drug trafficking. The study also recommends establishing clear implementation guidelines and periodic evaluation mechanisms to assess the effectiveness of whistleblower incentives in reducing narcotics related offenses.
Evaluation of Law Enforcement on Consumer Protection in Online Sales and Purchase Agreements Frederik, Wulanmas APG; Ringkuangan, Deine; Tuwaidan, Herry
International Journal of Law, Environment, and Natural Resources Vol. 5 No. 2 (2025): October
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v5i2.147

Abstract

Online buying and selling activities are now increasingly widespread, especially as the sites used for conducting online buying and selling transactions are becoming better and more diverse. However, in the online buying and selling system, the products offered are only in the form of explanations of product specifications and images, the truth of which cannot be guaranteed. For this reason, Consumer Independence is needed in conducting Online Buying and Selling Transactions as an effort to protect themselves as mandated by Law Number 8 of 1999 concerning Consumer Protection. The objectives of this research are to examine and analyze: 1). Legal Protection for consumers in Online Buying and Selling Transactions; 2). Evaluation of the Effectiveness of Consumer Protection Law Enforcement in Online Sales and Purchase Agreements. This research goes through 3 stages, namely: 1). The initial stage, consisting of the initial meeting of the Research Team and the division of tasks; 2). The Implementation Stage, namely: Data collection, Monitoring, Discussion of the results of data collection; 3). The Final Stage, namely: Preparation of Research Results. As for the literature, empirical data collection was also carried out using tools. The research approach method used in this study is the Empirical Juridical approach. Data collection techniques, in addition to using a Juridical approach, were obtained through research in the form of interviews. Furthermore, data analysis in this study was carried out qualitatively. The results of this research describe the Evaluation of Law Enforcement in Online Buying and Selling Transactions.

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