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M. Yasir Said
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INDONESIA
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Articles 85 Documents
Corporate Liability for Conducting Mining Activities in Forest Areas Without Ministerial Permission Under the Environmental Protection and Management Law Salin, Salin; Syaufi, Ahmad; Ifrani, Ifrani; Saprudin, Saprudin
International Journal of Law, Environment, and Natural Resources Vol. 4 No. 2 (2024): October Issue
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v4i2.124

Abstract

The responsibility of corporations engaged in mining activities within forest areas without the Minister's permit is an important issue in the context of environmental protection and management in Indonesia. Law No. 32 of 2009 on Environmental Protection and Management (UUPPLH) regulates the obligation of all parties, including corporations, to conduct business activities while considering environmental sustainability. In this case, corporations that engage in mining activities without the Minister's permit are considered to violate existing regulations, which may lead to both criminal and administrative sanctions. This study aims to examine the extent of corporate responsibility for environmental damage caused, as well as the implications for law enforcement and environmental protection. The research uses a normative legal method with a legislative, conceptual, and comparative approach, focusing on the analysis of Article 89 Paragraph (2) letter (a) of the P3H Law and its implementation in the enforcement of law related to corporate crimes in the mining sector. Furthermore, the study will discuss how existing policies and regulations can improve corporate accountability in carrying out environmentally friendly mining activities. Through this analysis, it can be concluded that Article 89 Paragraph (2) letter (a) of the P3H Law does not clearly specify who is responsible, preventing the corporate management from being held criminally accountable. This undermines the purpose of the law to provide certainty, justice, and benefits. As a result, the law fails to achieve its goals of criminal punishment and legal protection for the welfare of society and environmental preservation.
Issues in the Distribution of Inheritance Within Families: A Study in Sidokerto Village, Mojowarno District, Jombang Regency Kuswanto, Kuswanto; sugiana, sugiana; Andri, Muhammad
International Journal of Law, Environment, and Natural Resources Vol. 5 No. 1 (2025): April Issue
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v5i1.125

Abstract

Inheritance distribution within families often triggers conflicts, particularly when differing legal principles intersect, such as customary law and Islamic law. This study investigates the inheritance distribution mechanism in Sidokerto Village, Mojowarno District, Jombang Regency, focusing on the tension between customary law, which promotes equal distribution among heirs, and Islamic law, which applies a 2:1 ratio favoring male heirs. The research aims to identify the dominant factors influencing these inheritance patterns, including local traditions, legal awareness, and the socio-economic background of heirs.Using an empirical-juridical approach, the study combines a statute approach (analysis of legal texts), a case approach (review of inheritance-related disputes), and a sociological approach (examination of social practices). Primary data were collected through interviews with the village head and community leaders, while secondary data included national inheritance laws, the Compilation of Islamic Law, the Quran, and scholarly literature on inheritance practices. Findings reveal that most of the Sidokerto Village community adheres to customary inheritance law, emphasizing equal rights among heirs regardless of gender. However, a smaller portion of the population follows Islamic inheritance principles. This divergence often leads to disputes, especially when family members have differing interpretations of applicable legal norms. Factors influencing inheritance decisions include long-standing local customs, varying levels of legal knowledge, and the economic status of heirs. In most cases, inheritance issues are resolved through family deliberation, often mediated by village officials. The inheritance process typically begins with asset inventory and heir identification, serving as the foundation for distribution decisions.
The Position of the Attorney General’s Office as the Single Prosecutor in Indonesia’s Criminal Justice System Irwan, Muhammad; Suprapto, Suprapto; Zulaeha, Mulyani; Faishal, Achmad
International Journal of Law, Environment, and Natural Resources Vol. 5 No. 1 (2025): April Issue
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v5i1.130

Abstract

This study aims to critically examine the institutional position of the Public Prosecutor’s Office as the sole prosecutorial authority (single prosecutor) within the Indonesian criminal justice system. The core legal issue addressed concerns the authority and functional role of the Prosecutor’s Office as the exclusive body responsible for prosecution, particularly as mandated in Article 1 of Law No. 11 of 2021, which amends Law No. 16 of 2004 on the Public Prosecutor's Office of the Republic of Indonesia. Employing a normative legal research method, this study focuses on the analysis of normative ambiguity, using both statutory and conceptual approaches. The findings indicate that the single prosecutor concept normatively reinforces the centralization of prosecutorial powers in the hands of the Public Prosecutor's Office. Nonetheless, ambiguities persist regarding the interpretation of the limits of this authority, especially in its interactions with other law enforcement agencies and in the practical implementation of the dominus litis principle. Therefore, a comprehensive legal interpretation is imperative to prevent overlapping jurisdictions and to uphold the coherence and consistency of Indonesia’s criminal justice system.
Existence of Criminal Law Mechanisms in Environmental Law Mubarak, Ahmad; Ifrani, Ifrani; Erliyani, Rahmida; Mispansyah, Mispansyah
International Journal of Law, Environment, and Natural Resources Vol. 5 No. 1 (2025): April Issue
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v5i1.131

Abstract

Environmental damage in Indonesia is increasingly concerning, largely due to an anthropocentric view leading to the limitless exploitation of nature. Corporate environmental crimes often violate regulations, causing detrimental impacts on society and ecology. Despite an increase in companies engaging in pollution and environmental destruction, law enforcement against these corporations has not been optimal. Therefore, environmental impact control is crucial to minimize pollution risks. Law Number 32 of 2009 concerning Environmental Protection and Management serves as an important legal basis in Indonesia. This study employs a normative legal research method to address the urgency of criminal law instruments in environmental protection. Criminal sanctions are considered urgent and effective in tackling environmental problems as they serve as a law enforcement tool and provide a deterrent effect. The application of environmental criminal law is based on the principles of legality, sustainable development, prevention, and restraint, aiming to educate the public and prevent irresponsible behavior towards the environment.
The Dialectics of Freedom of Expression and Legal Restrictions on Digital Platforms: An Analysis of Human Rights Principles, the Electronic Information and Transactions Law, and Constitutional Court Decision Number 105/PUU-XXII/2024 Hanafi, Hanafi
International Journal of Law, Environment, and Natural Resources Vol. 5 No. 1 (2025): April Issue
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v5i1.132

Abstract

The right to freedom of expression is a fundamental aspect of human rights, guaranteed by both the Indonesian Constitution and international human rights instruments. However, this freedom is not absolute and may be subject to restrictions through regulatory frameworks such as the Electronic Information and Transactions (ITE) Law. In practice, the application of the ITE Law has sparked controversy due to the vague and overly broad language of several provisions, leading to multiple interpretations and granting excessive discretionary power to law enforcement authorities and certain parties in controlling the dissemination of electronic information. This situation has resulted in numerous cases of criminalization, raising serious concerns about the shrinking democratic space in Indonesia. This study aims to examine the legal implications of Constitutional Court Decision Number 105/PUU-XXII/2024 in relation to freedom of expression and its limitation under the ITE Law. Employing a doctrinal legal research method with a conceptual and statutory approach, the study analyzes primary legal materials and human rights theories as its analytical framework. The findings indicate that the Court’s decision constitutes a critical corrective measure by limiting the subject of defamation offenses under the ITE Law solely to individuals. This interpretation strengthens the principle of lex certa (legal certainty), curtails arbitrary interpretation in law enforcement, and reinforces the protection of freedom of expression in the digital space. Moreover, it reflects a balanced approach between safeguarding individual rights and upholding the public interest in a democratic society.
The Effectiveness of Sharia Insurance Dispute Resolution Mechanisms in Promoting Sustainable Development Goals Yanova, Muhammad Hendri
International Journal of Law, Environment, and Natural Resources Vol. 5 No. 1 (2025): April Issue
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v5i1.137

Abstract

The growth of the sharia insurance industry in Indonesia has given rise to new legal challenges, particularly in the development of dispute resolution mechanisms that are consistent with both sharia principles and national legislation. Alternative Dispute Resolution methods, such as mediation and arbitration, are considered more appropriate than litigation due to the unique nature of contracts and legal relationships in Sharia insurance. This study aims to evaluate the effectiveness of dispute resolution in the practice of sharia insurance in Indonesia and to assess the extent to which the existing legal framework ensures justice, legal certainty, and compliance with Islamic legal principles. This research employs a normative juridical method, using both the statute approach and the conceptual approach, to examine the relevant positive laws and Islamic legal doctrines governing dispute resolution in Sharia-based financial transactions. The findings reveal that strengthening the Alternative Dispute Resolution mechanism in sharia insurance disputes not only enhances access to justice and legal certainty but also directly contributes to the achievement of Sustainable Development Goal 16, which promotes peace, justice, and strong institutions. This study underscores the importance of harmonizing national law and Sharia norms in building a dispute resolution system that is fair, effective, and sustainable
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 2025
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 2025
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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 2025
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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 2025
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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.