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LAW REVIEW
ISSN : 14122561     EISSN : 26211939     DOI : -
Core Subject : Social,
Law Review is published by the Faculty of Law of Universitas Pelita Harapan and serves as a venue for scientific information in the field of law resulting from scientific research or research-based scientific law writing. Law Review was established in July 2001 and is published triannually in July, November, and March. Law Review provides immediate open access to its content on the principle that making research freely available to the public supports a greater global exchange of knowledge. The aim of this journal is to provide a venue for academicians, researchers, and practitioners for publishing original research articles or review articles. The scope of the articles published in this journal deals with a broad range of topics, including Business Law, Antitrust and Competition Law, Intellectual Property Rights Law, Criminal Law, International Law, Constitutional Law, Administrative Law, Agrarian Law, Medical Law, Adat Law, and Environmental Law.
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Articles 5 Documents
Search results for , issue "Volume 24 Issue 1 (March 2024)" : 5 Documents clear
Striking a Balance: Navigating Economic Growth and Sustainability in Indonesia’s Palm Oil Sector Jo Anastasya, Imelda; Angelica, Tiffany
Law Review Volume 24 Issue 1 (March 2024)
Publisher : Faculty of Law, Universitas Pelita Harapan | Lippo Village, Tangerang 15811 - Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19166/lr.v24i1.9673

Abstract

Indonesia’s palm oil plantations have an irreplaceable role in Indonesia’s economy, contributing to job creation, rural poverty reduction, export revenue, and gross domestic product. Although such exploitation of its natural resources is within Indonesia’s permanent sovereignty, developed countries have expressed environmental concerns over Indonesia’s surge in palm oil expansion, which has brought about deforestation, biodiversity loss, and greenhouse gas emissions. This research will analyze whether Indonesia can navigate economic growth and sustainability in its palm oil sector, amidst such conflicting interests. Utilizing a normative legal research methodology with a statute approach, relevant laws, regulations, and practices will be used to identify whether Indonesia can achieve a sustainable palm oil industry that aligns with national development goals while also adhering to global environmental standards, ensuring both economic growth and sustainability.
Reinforcing Corporate Accountability in Indonesian Environmental Law: A Dialectical Examination of Strict Liability and Criminal Sanctions Antunez, Carla Xelena; Darmadji, Rachel Nakeisha; Mangundihardjo, Zefanya Queenta
Law Review Volume 24 Issue 1 (March 2024)
Publisher : Faculty of Law, Universitas Pelita Harapan | Lippo Village, Tangerang 15811 - Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19166/lr.v24i1.9675

Abstract

Corporate accountability in Indonesia's environmental law still faces fundamental challenges, especially in the aspect of applying criminal sanctions against legal entities that commit environmental pollution or destruction. In practice, law enforcement relies more on administrative approaches or civil lawsuits, which often do not provide a deterrent effect and tend to be inadequate in responding to the complexity of environmental damage caused by corporations. This research aims to fill this gap by critically examining how the principle of strict liability can be integrated with the criminal sanction mechanism in national environmental law. With a normative juridical approach and supported by relevant case studies, this study shows that the synergy between the two approaches is able to form a more accountable, effective, and responsive accountability framework to the principles of sustainable development. The results of the analysis recommend the need for a holistic environmental law enforcement model, which not only emphasizes the repressive aspect, but also encourages structural improvements in corporate supervision and active public involvement in overseeing environmental law enforcement in Indonesia.
Environmentally Friendly Technology at PT Inalum: Implementation and Challenges within the Framework of Environmental Law in Indonesia Batubara, Aznina Lembayung; Hutapea, Ali Alatas; Dittowisono, Aghyfariz
Law Review Volume 24 Issue 1 (March 2024)
Publisher : Faculty of Law, Universitas Pelita Harapan | Lippo Village, Tangerang 15811 - Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19166/lr.v24i1.9737

Abstract

Environmental-friendly technology plays a crucial role in modern industries, including PT Inalum, a leading aluminum producer in Indonesia. The company has implemented various innovations to minimize environmental impacts, such as utilizing renewable energy sources, waste management systems, and emission reduction technologies. These efforts aim to comply with national environmental regulations, such as Law Number 32 of 2009 on Environmental Protection and Management, and international commitments like the Paris Agreement 2016. This study examines the challenges faced by PT Inalum in implementing sustainable technology. The research employs normative legal analysis and case study methods, focusing on regulatory reviews and corporate sustainability practices. Key challenges include regulatory uncertainty, overlapping government policies, and weak law enforcement mechanisms. Additionally, high investment costs for green technology adoption pose a significant barrier to achieving optimal environmental sustainability. The findings indicate that despite PT Inalum’s commitment to environmentally friendly practices, legal and economic obstacles hinder full regulatory compliance. The study suggests the need for clearer policies, stronger enforcement mechanisms, and financial incentives to encourage sustainable industrial transformation. Enhanced collaboration between government authorities and industry stakeholders is essential to creating a more effective and efficient sustainability framework.
The Interplay of Law, Local Wisdom, and Carbon Policy: Historical Foundations of Indonesia’s Environmental Regulation Andhella, Sylviana
Law Review Volume 24 Issue 1 (March 2024)
Publisher : Faculty of Law, Universitas Pelita Harapan | Lippo Village, Tangerang 15811 - Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19166/lr.v24i1.9752

Abstract

Carbon emissions are one of the leading causes of climate change. Carbon consumption or carbon footprint has been a colossal topic because sustainability can be achieved through carbon emission reduction, as carbon emissions are one of the leading causes of climate change. Indonesia is actively working on environmental conservation, but it continues to face various challenges that require attention. Indonesia's commitment to reducing carbon emissions can be shown through its effort to shift toward low-carbon development. Implementing natural resource management laws in Indonesia has not gained popularity, as they are often viewed as unsupportive of environmental sustainability. The regulation is continuously updated and adjusted to address emerging environmental issues. This research aims to explore how local wisdom contributes to forest conservation using qualitative methodology in the Seruyan District, Central Kalimantan. While regulation on carbon trading in forestry is still ongoing, it can be enriched which states that the community has the same rights and opportunities to actively participate in environmental protection and management. The role of society can be providing advice, opinions, suggestions, objections, and complaints. In this case, the society is the local community that lives near the forest. Incorporating their knowledge of preserving nature and preventing forest fires into the policy can be beneficial.
Legal Accountability in the Lapindo Mudflow Case: Assessing Liability Between Strict Liability and Fault-Based Responsibility Deru, Kesya Chantall Alisya; Eijileen, Brigitta Kezia; Kusuma, Katya Aiko
Law Review Volume 24 Issue 1 (March 2024)
Publisher : Faculty of Law, Universitas Pelita Harapan | Lippo Village, Tangerang 15811 - Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19166/lr.v24i1.9753

Abstract

Strict liability is a form of liability where a party is held accountable for the damage or harm caused by action of the party regardless of intent or fault.  Strict liability is typically imposed in industries where inherently risky activities are undertaken, e.g., hazardous waste disposal, nuclear power, or the manufacture of chemicals. This research evaluates if the concept of strict liability is appropriate for the Lapindo mudflow. A qualitative approach allows for an in-depth analysis of the legal principles and arguments that have underpinned the handling of the Lapindo case. The application of strict liability principle is connected with PT Lapindo Brantas, a construction company appointed by BPMIGAS to perform oil drilling and natural gas. The eruption of mudflow was caused by the drilling activities of PT Lapindo Brantas, which were risky in nature and led to devastating consequences on the surrounding communities. Since the drilling activities are perilous in nature, particularly in an area of high subsurface instability potential, strict liability could be imposed. The damage caused by the mudflow—property loss, people displacement, and degradation of the environment—was the direct result of the activities of the company. In strict liability, PT Lapindo would have been responsible for the harm, regardless of whether their action was negligent or intentional, because drilling in this area can be considered an inherently dangerous act.

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