The Indonesian Journal of International Clinical Legal Education

Applying In Dubio Pro Natura in Environmental Crime Cases: Legal Perspectives in Indonesia

Thu, 28 Dec 2023 00:00:00 +0700

This research aims to analyze the application of the "in dubio pro natura" principle in Indonesia. This principle translates as "in doubt, for nature" and emphasizes the importance of protecting nature and the environment in making legal decisions. This scientific research uses one of the parts of the grand method, namely Library Research which is based on literature or literature. The author uses several references as legal materials to analyze the object of writing. The results show that the application of the principle of "in dubio pro natura" is the foundation of the application of the concept of the precautionary principle that has entered the Indonesian legal order since the enactment of Law Number 32 of 2009, this principle is in line with the principles of environmental equity, bio diversity and polluter pays principle. In addition, this principle in Indonesia still faces challenges in its application. Several factors affecting the application of this principle in Indonesia include inconsistent government policies in environmental protection, lack of public understanding and awareness of the importance of nature conservation, and shortage of human and technical resources in environmental law enforcement.

Developing the Framework for a Green Constitution: Strengthening Environmental Protection Initiatives in Indonesia

Muhammad Hakim Rianta, Pradnya Kayla Ali Imron, Ibrahim Danjuma — Thu, 28 Dec 2023 00:00:00 +0700

The current global environmental crisis occurs due to various factors, such as failed policies, destructive technologies, and lack of political commitment. To address these issues, the green constitution approach has emerged as an effective solution. However, Indonesia has not fully implemented the concept of a green constitution. This research uses a normative legal research method with comparative, conceptual, and statutory approaches. Data is obtained from a literature study of national and international regulations, books, articles, and scientific journals. Through a comparative study with Ecuador and France, the results show that Indonesia has the potential to integrate environmental principles that have been integrated into the constitutions of these countries. Ecuador, often referred to as "The Real Green Constitution," explicitly recognizes the rights of nature and regulates preventive measures against environmental damage. In France, the Environmental Charter has been integrated into the constitution, affirming the need for wise management of the environment and a balance between protection and utilization of natural resources. Indonesia can learn from these two countries in applying the concept of a green constitution and integrating environmental principles into its constitution in order to strengthen environmental protection, promote sustainable development, and help address the impacts of climate change. The resulting recommendation is an amendment to the constitution to further incorporate environmental principles as part of the main elements in the constitution.

Advancing Legal and Policy Strategies for Expeditious Geothermal Energy Integration: A Path towards Clean Energy and Energy Security in Indonesia

Habib Ferian Fajar, Julfahmi Syahputra, Khairun Natijah — Thu, 28 Dec 2023 00:00:00 +0700

This paper delves into the imperative task of advancing legal and policy strategies to expedite the integration of geothermal energy, thereby fostering a pathway toward clean energy and energy security in Indonesia. Recognizing geothermal energy as a renewable and environmentally friendly resource, the research underscores Indonesia's rich potential in this regard. Despite the commitment evidenced by the 2021-2030 Electricity Supply Business Plan (RUPTL) and Presidential Regulation No. 112/2022, the study identifies persistent challenges hindering the swift development of geothermal energy in the country. Employing a normative legal research method, the study scrutinizes the application of legal norms within positive law. Through an extensive literature review, the research highlights key obstacles and suggests crucial legal and policy interventions for overcoming them. The findings emphasize the need for ongoing energy regime stabilization, and the provision of incentives such as governmental support for exploration, fiscal incentives, and low-cost financing schemes for geothermal projects. The paper advocates for a comprehensive approach to address these challenges, recognizing the pivotal role of legal and policy frameworks in propelling sustainable development. By delineating effective strategies, this research contributes to the discourse on transitioning Indonesia towards clean energy alternatives, ensuring energy security, and mitigating the environmental impact of traditional energy sources.

Addressing Juvenile Protection Discrepancies: A Study on Legal Safeguards and Challenges against Sexual Abuse by Educators in Seluma Regency

Thu, 28 Dec 2023 00:00:00 +0700

Law Number 11 of 2012, commonly referred to as the Juvenile Criminal Justice System Law, stands as a legal framework designed to safeguard children entangled in legal conflicts. Its primary objective is to secure a promising future for these children, facilitating opportunities for identity development that fosters independence, responsibility, and constructive contributions to themselves, their families, society, and the nation. Despite the existence of these legal safeguards, their efficacy often encounters challenges within the intricate dynamics of social life. This disjunction is particularly conspicuous in institutional environments such as schools, where the assurance of safety is not guaranteed. Disturbingly, statistical data compiled by the PPA Unit of the Criminal Investigation Unit of the Seluma Police spanning from 2019 to 2021 reveals a disconcerting prevalence of eight cases of sexual abuse perpetrated by teachers against their students. A poignant instance unfolded in Talang Alai Village, Kec. Air Periukan District, wherein a child named RA became a victim of molestation by an individual identified by the initials AI on August 18, 2019. In response to these distressing occurrences, this research endeavors to formulate strategies for addressing criminal acts of sexual abuse committed by teaching staff in Seluma Regency. The study aims to meticulously scrutinize and analyze the prevalence of such crimes, providing scholarly insights into the harsh reality of sexual abuse committed by teaching staff in this specific region.

Revolutionizing Society through Pancasila-Based Legal Education with Street Law (Case of Indonesia)

Thu, 28 Dec 2023 00:00:00 +0700

This paper explores the revolutionary impact of integrating Pancasila-based legal education with the Street Law model on Indonesian society. Pancasila, Indonesia's foundational philosophy, serves as a guiding framework for legal education, while the Street Law model provides a practical, experiential learning approach. Through a meticulous case study focused on Indonesia, the research investigates the nuanced ways in which this innovative educational combination contributes to transformative societal changes. The study analyzes the influence of Pancasila-inspired legal education on shaping societal norms, values, and fostering legal awareness. By delving into specific instances and outcomes within the Indonesian context, the research illuminates how this integrated approach cultivates a deeper understanding of legal principles and ethical considerations among the populace. The findings not only highlight the success of this educational model in enhancing legal knowledge but also underscore its broader impact on social dynamics. This paper contributes valuable insights into the potential of Pancasila-based legal education with the Street Law model to revolutionize traditional legal teaching methods and, in turn, foster positive societal advancements within the unique cultural and legal landscape of Indonesia.