Indonesian Journal of Environmental Law and Sustainable Development
type: channel
description: Indonesian Journal of Environmental Law and Sustainable Development (ISSN Online 2829-9590 ISSN Print 2829-9582) is an open access double-blind peer-reviewed journal published by the Faculty of Law, Universitas Negeri Semarang and managed by Conservation Studies Center Faculty of Law Universitas Negeri Semarang and Environmental and Forestry Law Clinic. The Journal is intended to publish original and full-length articles that reflect the latest research and developments in both theoretical and practical aspects of Environment, Economics, and Society with Sustainability in a multidisciplinary perspective, including law, politics, ecology, and other related topics, whether in the Indonesian context or Global perspective. The Journal also provides an academic platform for professionals and researchers to contribute innovative work in the field. Abstracting/Indexing: DIMENSION | SCOPUS | GARUDA Title : Indonesian Journal of Environmental Law and Sustainable Development Email : ijel@mail.unnes.ac.id ISSN : Online 2829-9590 | Print 2829-9582 DOI Prefix : 10.15294/ijel Publisher : Faculty of Law, Universitas Negeri Semarang, Indonesia Frequency : 2 (two) issues per year
publisher: Universitas Negeri Semarang
language: en
publication name: Indonesian Journal of Environmental Law and Sustainable Development
issn: 2829-9582
copyright: All writings published in this journal are the personal views of the authors and do not represent the views of this journal and the author's affiliated institutions. Author(s) retain copyrights under the license of Creative Commons Attribution-ShareAlike 4.0 International (CC BY-SA 4.0).
items: The Paris Agreement in Crisis: Legal and Environmental Consequences of the US Withdrawal
items: Power, Resources, and Justice: Evaluating International Courts in Settling Transboundary Natural Resource Conflicts
items: Illegal Fishing in the Natuna Sea: How UNCLOS 1982 Shapes Law Enforcement Between Vietnam and Indonesia
items: Who Pays for Climate Loss and Damage? State Obligations Under International Law Explained
items: Can the International Court of Justice Shape Global Climate Action Through Law, Authority, and Accountability?
items: Regional Rights, Environmental Wrongs: Unpacking the Paradox of Autonomy in Indonesia's Environmental Governance
items: License to Pollute? Examining Environmental Permitting under Regional Autonomy in Indonesia
items: Implementation of Environmental Pollution and Damage Prevention Instruments in Indonesia: Issues and Challenges
items: Extrajudicial Dispute Resolution in Handling Environmental Cases in Indonesia (Case Study: River Water Pollution by PT Sugar Labinta in South Lampung)
items: Dirty Dollars: Profits Over Planet in Indonesia’s Application of the Polluter Pays Principle
items: Central Control vs. Local Liberties: Environmental Stewardship in Indonesia's Power Struggle
items: Balancing Risk and Caution: The Precautionary Principle in Indonesian Environmental Law Context
items: Analysis of Changes in Criminal Threats in Regulations on Environmental Protection and Management
items: The Effectiveness of Administrative Sanctions Against Environmental Pollution Cases in Indonesia
items: Protection and Preservation of the Marine Environment Through a Marine Ecotourism Scheme in Nusa Penida Bali
items: Laws Concerning Mineral and Coal Mining on Community Welfare from an Environmental Ethics Perspective
items: Ponorogo Regency Green Open Space Analysis of Law Number 27 of 2007 concerning Spatial Planning
items: Development of the National Food System through Digitalization and Downstreaming to Strengthen National Food Security
items: Discourse of the Implementation of International Principles in Cases of Forest Fires in Indonesia
items: Long-Term Sustainability of Outer Space: Role of Sustainable Development Goals and Its Legal Consequences
items: Climate Change as a Human Rights Issue: Litigating Climate Change in the United Nations Human Rights Committee
items: Intersection between Administrative Law and Private Law on Environmental Law Litigation in Indonesia Legal System
items: Political Direction of Environmental Management Law in Indonesia
items: Mainstreaming Social Justice in Environmental Law Enforcement in Indonesia: Theories and Practices
items: Implementation of Progressive Law in Enforcement of Environmental Law in Indonesia: The Current Problems and Future Challenges
items: Inter-correlation between Human Rights and Environmental Justice: A Discourse of Right to a Good and Healthy Environment in Indonesia
items: Illegal Fishing by Other Countries: Complicated Law Enforcement in Indonesia
items: Civil Liability for Mining Companies for Environmental Pollution Based on Indonesian Laws
items: A Discourse of Islamic Law on Environmental Protection and Sustanability: How are religious values transferred into Indonesian Environmental Law?
items: The Role of Women in Sustainable Development and Environmental Protection: A Discourse of Ecofeminisme in Indonesia

The Paris Agreement in Crisis: Legal and Environmental Consequences of the US Withdrawal
type: item
description: The United States' withdrawal from the Paris Agreement in 2017 created a significant impact on the international environmental legal order. As one of the largest carbon-emitting countries and a global leader, this decision sends a negative signal to other countries regarding the collective commitment to combat climate change. This article analyzes the domino effect that the move has had on countries' compliance with international environmental agreements. Using a normative approach and policy analysis, the research highlights how the US action affected the legitimacy and legal binding power of the Paris Agreement. The study finds that the US withdrawal weakened developing countries' incentives to comply with agreed emissions targets, given the absence of promised financial and technological support. Moreover, it exacerbates the trend of “free-riding,” where some countries are reluctant to contribute fully due to a lack of example from developed countries. On the other hand, the article also notes the positive response from non-state actors, such as local governments and multinational corporations, who are committed to furthering the goals of the Paris Agreement even without US federal support. The article concludes with recommendations to strengthen the international environmental legal framework to make it more adaptive to global political dynamics. In this way, the sustainability of such agreements depends not just on one country but on the collective commitment of the entire international community.
subject: Articles
  topic: section
subject: Paris Agreement
  topic: keywords
subject: United States
  topic: keywords
subject: International Environmental Law
  topic: keywords
creator: Putri Ayu Wulandari
creator: Nandhyra Syafa Nur Aisyah
creator: Najwa Iqlima Azalia Buchori
creator: Nurul Istiqomah
creator: Katlea Hardisafitri
rights: Copyright (c) 2024 https://creativecommons.org/licenses/by-sa/4.0
date: 2024-07-31
publication date: 2024-07-31
starting page: 335
ending page: 368
doi: 10.15294/ijel.v3i2.40217

Power, Resources, and Justice: Evaluating International Courts in Settling Transboundary Natural Resource Conflicts
type: item
description: Transboundary natural resource disputes—ranging from water rights and mineral extraction to fishing zones—pose complex challenges to the international legal system, often threatening regional stability, economic development, and diplomatic relations. This paper evaluates the effectiveness of international courts in resolving such disputes between sovereign states, focusing on how legal principles, judicial authority, and enforcement mechanisms interact to manage conflicts over shared resources. By examining case studies from the International Court of Justice (ICJ), arbitral tribunals, and other relevant judicial bodies, the study assesses both successes and limitations in achieving equitable and sustainable outcomes. The analysis highlights key factors that influence the effectiveness of international adjudication, including the clarity of legal norms, the willingness of states to submit to jurisdiction, the availability of evidence, and the political and economic stakes involved. While international courts have demonstrated the ability to provide neutral platforms, clarify legal obligations, and shape normative expectations, enforcement challenges and state resistance often limit their practical impact. Moreover, complex scientific, environmental, and technical issues can complicate judicial decision-making, particularly in disputes over shared watercourses, fisheries, and transboundary natural resources. Despite these challenges, the paper argues that international courts play a critical role in promoting accountability, preventing escalation, and guiding cooperative resource management. The study concludes that while courts cannot guarantee compliance or resolve all conflicts, their jurisprudence significantly contributes to the development of international law, offers frameworks for negotiation, and encourages peaceful, rules-based resolution of disputes. Strengthening legal frameworks, promoting regional cooperation, and enhancing compliance mechanisms are ess…
subject: Articles
  topic: section
subject: International Courts
  topic: keywords
subject: Natural Resources
  topic: keywords
subject: Transboundary Disputes
  topic: keywords
subject: State Sovereignty
  topic: keywords
subject: Conflict Resolution
  topic: keywords
creator: Aprilia Wijayanti
creator: Wildan Azkal Fikri
creator: Didik Purnomo
creator: Bagus Hendradi Kusuma
creator: Benny Sumardiana
rights: Copyright (c) 2024 https://creativecommons.org/licenses/by-sa/4.0
date: 2024-07-31
publication date: 2024-07-31
starting page: 309
ending page: 334
doi: 10.15294/ijel.v3i2.40216

Illegal Fishing in the Natuna Sea: How UNCLOS 1982 Shapes Law Enforcement Between Vietnam and Indonesia
type: item
description: Illegal, unreported, and unregulated (IUU) fishing poses a significant threat to marine ecosystems, coastal livelihoods, and regional security, particularly in the strategically important Natuna Sea. This paper examines how the United Nations Convention on the Law of the Sea (UNCLOS) 1982 provides the legal framework for addressing illegal fishing activities and shaping law enforcement strategies between Vietnam and Indonesia. The study analyzes the obligations of coastal and flag states under UNCLOS, focusing on exclusive economic zones (EEZs), sovereign rights over marine resources, and the responsibilities to prevent, deter, and penalize IUU fishing. Through a case study approach, the article explores specific incidents involving Vietnamese fishing vessels operating in Indonesia’s EEZ around the Natuna Sea. It assesses how Indonesia has leveraged UNCLOS provisions, alongside domestic maritime law, to assert sovereignty, enforce regulations, and protect marine resources. The study also highlights challenges in enforcement, including jurisdictional ambiguities, resource constraints, and diplomatic tensions that complicate bilateral and regional responses. The analysis demonstrates that while UNCLOS 1982 establishes clear legal standards for maritime governance, its effectiveness depends on coordinated law enforcement, regional cooperation, and the integration of domestic and international legal mechanisms. The paper argues that addressing illegal fishing in the Natuna Sea requires not only adherence to UNCLOS but also proactive diplomatic engagement, capacity-building, and multilateral cooperation within Southeast Asia. Ultimately, the study concludes that UNCLOS serves as both a legal foundation and a practical tool for promoting sustainable fisheries management, strengthening maritime security, and mitigating conflict between Vietnam and Indonesia in the Natuna Sea.
subject: Articles
  topic: section
subject: Illegal Fishing
  topic: keywords
subject: UNCLOS
  topic: keywords
subject: Law Enforcement
  topic: keywords
subject: Natural Resources
  topic: keywords
subject: Conflict Resolution
  topic: keywords
creator: Purnandya Arya Aji Scoornova
creator: Muhammad Ikhsan Lubis
creator: Mutmainah Nur Qoiri
creator: Nurul Hidayah Binte Ahmad
creator: Liu Yifan
creator: Liam James O’Connor
rights: Copyright (c) 2024 https://creativecommons.org/licenses/by-sa/4.0
date: 2024-07-31
publication date: 2024-07-31
starting page: 281
ending page: 308
doi: 10.15294/ijel.v3i2.40215

Who Pays for Climate Loss and Damage? State Obligations Under International Law Explained
type: item
description: Climate change has intensified debates over responsibility for loss and damage suffered by states and communities most vulnerable to its impacts. Rising sea levels, extreme weather events, ecosystem degradation, and economic disruption have generated irreversible harms that cannot be addressed solely through mitigation and adaptation. This article examines the central question of who should bear responsibility for climate-related loss and damage under international law, with a particular focus on the obligations of states. It analyzes the legal foundations of state responsibility, including principles of common but differentiated responsibilities (CBDR), equity, due diligence, and the prevention of transboundary harm. The study situates loss and damage within the framework of key international instruments such as the United Nations Framework Convention on Climate Change, the Paris Agreement, and decisions of the Conference of the Parties, including the establishment of mechanisms addressing loss and damage. It explores how customary international law and emerging climate jurisprudence contribute to clarifying states’ duties, particularly in relation to historical emissions, capacity to respond, and the protection of vulnerable populations. The article also considers the role of compensation, financial assistance, and international cooperation as potential expressions of legal and moral accountability. While international law does not yet provide a comprehensive or enforceable regime for climate loss and damage, the analysis demonstrates that evolving legal norms increasingly recognize differentiated state obligations. The article argues that developed states, due to their greater historical contributions to climate change and superior resources, bear heightened responsibilities to support affected states through finance, technology transfer, and capacity-building. Ultimately, the paper concludes that addressing climate loss and damage requires strengthening legal ac…
subject: Articles
  topic: section
subject: Climate Change
  topic: keywords
subject: Environmental Damage
  topic: keywords
subject: Climate Loss
  topic: keywords
subject: State Obligation
  topic: keywords
creator: Yeriko Anugrah Pratama Damanik
creator: Dafa Pranaja Sarwahita Sudibya
creator: Sonny Saptoajie Wicaksono
creator: Shofriya Qonitatin Abidah
creator: Ali Masyhar
creator: Cahya Wulandari
creator: Jack Andrew Wilson
creator: Aisha Nur Rahman
rights: Copyright (c) 2024 https://creativecommons.org/licenses/by-sa/4.0
date: 2024-07-31
publication date: 2024-07-31
starting page: 253
ending page: 280
doi: 10.15294/ijel.v3i2.40214

Can the International Court of Justice Shape Global Climate Action Through Law, Authority, and Accountability?
type: item
description: Climate change presents an unprecedented challenge to the international legal order, raising urgent questions about responsibility, compliance, and enforcement. This article examines whether the International Court of Justice (ICJ) can meaningfully shape global climate action through its legal authority and judicial functions. It analyzes the Court’s potential role in clarifying states’ obligations under international law, particularly in relation to environmental protection, human rights, and the principle of due diligence. By assessing both contentious cases and advisory opinions, the article explores how the ICJ may influence state behavior even in the absence of direct enforcement mechanisms. The study situates the ICJ within the broader framework of international climate governance, including treaties such as the United Nations Framework Convention on Climate Change and the Paris Agreement. It evaluates how the Court’s interpretations of customary international law, state responsibility, and transboundary harm could contribute to greater legal accountability for climate-related conduct. Particular attention is given to the growing momentum behind climate litigation and recent initiatives seeking advisory opinions on states’ climate obligations. While acknowledging institutional limitations—such as jurisdictional constraints, state consent, and political resistance—the article argues that the ICJ possesses significant normative power. Its judgments and opinions can shape legal discourse, influence domestic courts, and strengthen the legitimacy of climate obligations under international law. Ultimately, the article contends that the ICJ can play a transformative, though indirect, role in global climate action by reinforcing legal standards, enhancing accountability, and contributing to the development of a coherent international response to climate change.
subject: Articles
  topic: section
subject: International Court of Justice
  topic: keywords
subject: Climate Change
  topic: keywords
subject: Climate Justice
  topic: keywords
subject: Authority
  topic: keywords
creator: Anik Novita
creator: Eky Lestari
creator: Tajudeen Sanni
creator: Kanya Srisawat
creator: Zhang Min
creator: Ridwan Arifin
rights: Copyright (c) 2024 https://creativecommons.org/licenses/by-sa/4.0
date: 2024-07-31
publication date: 2024-07-31
starting page: 229
ending page: 252
doi: 10.15294/ijel.v3i2.40213

Regional Rights, Environmental Wrongs: Unpacking the Paradox of Autonomy in Indonesia's Environmental Governance
type: item
description: This paper delves into the complex interplay between regional autonomy and environmental governance in Indonesia, shedding light on the paradoxical outcomes that arise from decentralized decision-making. It examines how the delegation of power to local authorities has both empowered and challenged efforts to enforce environmental regulations and protect natural resources. Through a comprehensive analysis, the paper elucidates the ways in which regional autonomy has led to divergent approaches to environmental management across Indonesia's diverse regions. While some local governments have demonstrated commendable commitment to environmental conservation, others have prioritized economic interests at the expense of environmental sustainability, leading to widespread degradation and ecological harm. Drawing on case studies and empirical evidence, the paper unpacks the factors contributing to this paradox, including varying levels of institutional capacity, political dynamics, and socio-economic pressures. It highlights instances where regional autonomy has resulted in regulatory loopholes, weak enforcement mechanisms, and conflicts of interest, exacerbating environmental challenges and undermining national conservation efforts. Furthermore, the paper explores potential pathways for reconciling the tension between regional rights and environmental wrongs in Indonesia. It advocates for a holistic approach to environmental governance that integrates principles of subsidiarity with national environmental priorities, fostering collaboration between central and local authorities, and promoting community engagement and empowerment. In conclusion, the paper underscores the imperative of addressing the paradox of autonomy in Indonesia's environmental governance.
subject: Articles
  topic: section
creator: Grandini Dyah Sagita
creator: Ervira Rahmasari Budi
rights: Copyright (c) 2024 https://creativecommons.org/licenses/by-sa/4.0
date: 2024-01-31
publication date: 2024-01-31
starting page: 191
ending page: 228
doi: 10.15294/ijel.v3i1.40212

License to Pollute? Examining Environmental Permitting under Regional Autonomy in Indonesia
type: item
description: This paper delves into the intricacies of environmental permitting practices within the context of regional autonomy in Indonesia, scrutinizing whether the granting of permits inadvertently facilitates environmental degradation. It investigates the regulatory frameworks and enforcement mechanisms governing environmental permitting at the local level, shedding light on the potential trade-offs between economic development and environmental protection. Through empirical analysis and case studies, the paper uncovers the realities of environmental permitting under regional autonomy, revealing instances where lax regulations or inadequate enforcement have led to environmentally harmful activities. It examines the challenges faced by local authorities in balancing the need for economic growth with the imperative of environmental sustainability, highlighting the complex dynamics at play. Furthermore, the paper evaluates the effectiveness of existing environmental permitting mechanisms in mitigating pollution and safeguarding natural resources. It identifies gaps in regulatory oversight, shortcomings in monitoring and enforcement, and instances of regulatory capture or corruption that undermine the integrity of the permitting process. In conclusion, the paper underscores the importance of reevaluating environmental permitting practices under regional autonomy to ensure that permits are not inadvertently granting a "license to pollute." It calls for enhanced transparency, accountability, and community participation in the permitting process, alongside strengthened enforcement mechanisms and capacity-building initiatives to uphold environmental standards and promote sustainable development in Indonesia's decentralized governance landscape.
subject: Articles
  topic: section
creator: Wahyullah Ahmed Yusuf
creator: Achmad Humam
rights: Copyright (c) 2024 https://creativecommons.org/licenses/by-sa/4.0
date: 2024-01-31
publication date: 2024-01-31
starting page: 157
ending page: 190
doi: 10.15294/ijel.v3i1.40211

Implementation of Environmental Pollution and Damage Prevention Instruments in Indonesia: Issues and Challenges
type: item
description: This paper delves into the implementation of environmental pollution and damage prevention instruments in Indonesia, highlighting the inherent issues and challenges. It scrutinizes the efficacy of existing measures in curbing environmental degradation and explores the obstacles hindering their successful execution. The findings underscore a myriad of challenges confronting the implementation process, ranging from regulatory gaps and enforcement deficiencies to institutional capacity constraints. Despite the presence of legislation aimed at safeguarding the environment, enforcement mechanisms often fall short due to inadequate resources, corruption, and lack of coordination among relevant stakeholders. Additionally, the complexity of environmental issues, coupled with rapid industrialization and urbanization, exacerbates the challenges faced in mitigating pollution and preserving natural resources. Addressing these challenges necessitates a multi-faceted approach that encompasses legislative reforms, capacity building initiatives, and enhanced collaboration between government agencies, civil society, and the private sector. Strengthening regulatory frameworks, improving monitoring and enforcement mechanisms, and promoting public awareness are crucial steps towards achieving sustainable environmental management in Indonesia. Moreover, integrating environmental considerations into broader policy agendas and fostering international cooperation are vital for addressing cross-border environmental challenges and ensuring long-term environmental sustainability. In conclusion, while Indonesia has made strides in formulating environmental policies, effective implementation remains a pressing issue. By identifying and addressing the challenges impeding the execution of pollution prevention instruments, Indonesia can bolster its environmental governance framework and pave the way for a greener and more sustainable future.
subject: Articles
  topic: section
creator: Francisca Rachel Alicia
rights: Copyright (c) 2024 https://creativecommons.org/licenses/by-sa/4.0
date: 2024-01-31
publication date: 2024-01-31
starting page: 125
ending page: 156
doi: 10.15294/ijel.v3i1.40210

Extrajudicial Dispute Resolution in Handling Environmental Cases in Indonesia (Case Study: River Water Pollution by PT Sugar Labinta in South Lampung)
type: item
description: This paper examines extrajudicial dispute resolution mechanisms utilized in addressing environmental cases in Indonesia, with a focus on a specific case involving the alleged pollution of river water by PT Sugar Labinta in South Lampung. It delves into the legal frameworks, stakeholder engagement processes, and outcomes of extrajudicial dispute resolution efforts in environmental matters. Drawing on a case study approach, the paper analyzes the effectiveness and challenges of extrajudicial mechanisms in resolving environmental disputes, particularly in cases of alleged pollution by industrial entities. It explores the roles of various stakeholders, including government agencies, industry representatives, affected communities, and non-governmental organizations, in the resolution process. Furthermore, the paper evaluates the implications of extrajudicial dispute resolution on environmental protection, legal accountability, and community rights. It examines the extent to which such mechanisms contribute to the realization of environmental justice, sustainable development, and corporate responsibility in Indonesia. In conclusion, the paper offers insights into the strengths and limitations of extrajudicial dispute resolution in handling environmental cases, using the PT Sugar Labinta case as a lens. It suggests recommendations for improving the effectiveness and fairness of extrajudicial mechanisms, enhancing transparency, accountability, and community participation in environmental decision-making processes.
subject: Articles
  topic: section
creator: Dzulfikar Ahmad Fauzi
rights: Copyright (c) 2024 https://creativecommons.org/licenses/by-sa/4.0
date: 2024-01-31
publication date: 2024-01-31
starting page: 97
ending page: 124
doi: 10.15294/ijel.v3i1.40209

Dirty Dollars: Profits Over Planet in Indonesia’s Application of the Polluter Pays Principle
type: item
description: This paper critically examines Indonesia's application of the Polluter Pays Principle (PPP), revealing a troubling trend where economic interests often trump environmental responsibility. Through an in-depth analysis of case studies and regulatory frameworks, it exposes instances where corporations prioritize profits at the expense of environmental protection, exploiting regulatory loopholes and evading accountability for pollution. Drawing attention to the inherent tensions between economic development and environmental sustainability, the paper highlights the inadequacies in Indonesia's enforcement of the PPP. It scrutinizes the role of government agencies, industry actors, and civil society in perpetuating this profit-driven paradigm, shedding light on the challenges faced by environmental advocates in holding polluters accountable. Furthermore, the paper interrogates the implications of prioritizing profits over the planet, including the degradation of ecosystems, loss of biodiversity, and adverse impacts on public health and livelihoods. It underscores the urgent need for systemic reforms to align Indonesia's economic agenda with environmental imperatives, promoting a more balanced approach that prioritizes the planet alongside profits. In conclusion, the paper calls for a paradigm shift in Indonesia's application of the PPP, emphasizing the importance of robust regulations, transparent enforcement mechanisms, and corporate accountability measures. It advocates for a holistic approach that integrates environmental considerations into economic decision-making processes, safeguarding Indonesia's natural heritage for future generations while ensuring sustainable development and prosperity.
subject: Articles
  topic: section
creator: Damar Sinatria Putra
rights: Copyright (c) 2024 https://creativecommons.org/licenses/by-sa/4.0
date: 2024-01-31
publication date: 2024-01-31
starting page: 61
ending page: 96
doi: 10.15294/ijel.v3i1.40208

Central Control vs. Local Liberties: Environmental Stewardship in Indonesia's Power Struggle
type: item
description: This paper confronts the contentious power dynamics between central governance and local autonomy in environmental stewardship within Indonesia. It dissects the tug-of-war between centralized control and regional liberties, unveiling the ramifications for environmental management and protection. Through a critical lens, the paper examines how divergent interpretations of authority have precipitated a power struggle with far-reaching implications. It scrutinizes instances where central dominance has stifled local initiatives, constraining innovative approaches to environmental conservation. Conversely, it analyzes scenarios where unchecked regional autonomy has led to environmental exploitation and neglect. Drawing on empirical evidence and case studies, the paper unveils the multifaceted dimensions of this power struggle, encompassing legal ambiguities, political maneuvering, and socio-economic disparities. It highlights the inherent tensions between national environmental imperatives and regional aspirations for self-governance, fueling a discord that undermines sustainable development objectives. Furthermore, the paper interrogates potential pathways forward amidst this power struggle. It advocates for a recalibration of governance structures that reconcile centralized oversight with localized autonomy, fostering cooperative frameworks that empower regions while safeguarding national environmental interests. In conclusion, the paper underscores the urgency of addressing Indonesia's environmental power struggle. It calls for a nuanced approach that navigates the delicate balance between central control and local liberties, forging a path towards collaborative environmental stewardship that transcends political divides and fosters sustainable development for all Indonesians.
subject: Articles
  topic: section
creator: Immanuel Harri Turnip
creator: Marhara Hasibuan
rights: Copyright (c) 2024 https://creativecommons.org/licenses/by-sa/4.0
date: 2024-01-31
publication date: 2024-01-31
starting page: 31
ending page: 60
doi: 10.15294/ijel.v3i1.40207

Balancing Risk and Caution: The Precautionary Principle in Indonesian Environmental Law Context
type: item
description: This paper explores the application of the precautionary principle within the framework of Indonesian environmental law, emphasizing the delicate balance between risk assessment and precautionary measures. It examines the evolution of the precautionary principle in Indonesian legal discourse and its integration into environmental policy-making and decision-making processes. The analysis sheds light on the challenges and opportunities inherent in applying the precautionary principle within Indonesia's diverse environmental contexts. It highlights instances where precautionary measures have been effectively employed to mitigate environmental risks, while also addressing concerns regarding the potential for regulatory overreach and hindrances to economic development. By delving into case studies and legislative frameworks, this paper provides insights into how the precautionary principle is interpreted and operationalized within Indonesian environmental law. It underscores the importance of incorporating scientific uncertainty and environmental ethics into policy formulation, while also emphasizing the need for flexibility and adaptability in responding to emerging environmental threats. Furthermore, the paper discusses avenues for enhancing the implementation of the precautionary principle in Indonesia, including capacity-building initiatives, stakeholder engagement, and the promotion of interdisciplinary research and collaboration. In conclusion, the paper highlights the significance of striking a balance between risk assessment and precautionary action in Indonesian environmental law. It underscores the importance of a nuanced approach that considers scientific evidence, societal values, and the principles of sustainable development in addressing environmental challenges while fostering economic growth and social welfare.
subject: Articles
  topic: section
creator: Joshua Wijaya Proyogo
rights: Copyright (c) 2024 https://creativecommons.org/licenses/by-sa/4.0
date: 2024-01-31
publication date: 2024-01-31
starting page: 1
ending page: 30
doi: 10.15294/ijel.v3i1.40206

Analysis of Changes in Criminal Threats in Regulations on Environmental Protection and Management
type: item
description: Currently, Indonesia is grappling with serious environmental issues exacerbated by a lack of public awareness and law enforcement. Law enforcement is crucial in addressing environmental problems, necessitating the use of coercive legal instruments such as criminal sanctions. The primary legal framework governing environmental protection and management in Indonesia is Law Number 32 of 2009 concerning Environmental Protection and Management and several amendments to Law Number 6 of 2023 concerning the Ratification of Government Regulation Number 2 of 2022 concerning Job Creation. This article focuses on the changes in criminal sanctions and how these changes occurred by comparing the two aforementioned laws and analyzing them. The results indicate that five articles concerning criminal sanctions have been amended or repealed. This is because four out of the five articles have been simplified for administrative purposes and to avoid legal ambiguities, while one of the five articles cannot be determined due to changes resulting in legal nullity.
subject: Articles
  topic: section
creator: Danang Johar Arimurti
creator: Fatma Ulfatun Najicha
rights: Copyright (c) 2023 https://creativecommons.org/licenses/by-sa/4.0
date: 2023-01-31
publication date: 2023-01-31
starting page: 289
ending page: 306
doi: 10.15294/ijel.v2i2.40205

The Effectiveness of Administrative Sanctions Against Environmental Pollution Cases in Indonesia
type: item
description: This study investigates the effectiveness of administrative sanctions as a regulatory tool in combating environmental pollution cases in Indonesia. Despite the implementation of various environmental regulations and administrative penalties, the persistence of pollution incidents raises questions about the efficacy of these measures. Through a comprehensive review of legal frameworks, case studies, and empirical data, this research aims to assess the impact of administrative sanctions on deterring environmental violations and promoting compliance. Key factors influencing the effectiveness of administrative sanctions, including enforcement mechanisms, institutional capacity, public awareness, and stakeholder engagement, will be analyzed. Additionally, the study will examine challenges and opportunities for enhancing the enforcement of environmental regulations through administrative sanctions. By providing insights into the strengths and limitations of current regulatory approaches, this research seeks to inform policy recommendations for strengthening environmental governance and achieving sustainable development goals in Indonesia.
subject: Articles
  topic: section
creator: Naufal Khaidar
creator: David Baniardy Nurrahman
creator: Teunku Ahmad Zaki Mubarak
rights: Copyright (c) 2023 https://creativecommons.org/licenses/by-sa/4.0
date: 2023-07-31
publication date: 2023-07-31
starting page: 267
ending page: 288
doi: 10.15294/ijel.v2i2.40204

Protection and Preservation of the Marine Environment Through a Marine Ecotourism Scheme in Nusa Penida Bali
type: item
description: This study examines the potential of a marine ecotourism scheme as a strategy for the protection and preservation of the marine environment in Nusa Penida, Bali. With the rapid growth of tourism in the region, there is an urgent need to balance economic development with environmental conservation efforts. Through qualitative research methods, including interviews, surveys, and site observations, this research explores the current state of the marine environment in Nusa Penida and assesses the feasibility and effectiveness of implementing a marine ecotourism scheme as a means of sustainable development. The findings reveal significant threats to the marine environment in Nusa Penida, including coral reef degradation, marine pollution, and habitat destruction. However, the study also identifies opportunities for conservation and sustainable management through the promotion of marine ecotourism initiatives. By engaging local communities, businesses, and government agencies in collaborative conservation efforts, a marine ecotourism scheme has the potential to generate economic benefits while simultaneously safeguarding marine biodiversity and ecosystem health. This research contributes to the growing body of knowledge on sustainable tourism development and provides practical recommendations for policymakers, stakeholders, and practitioners seeking to promote the protection and preservation of marine environments in coastal regions like Nusa Penida, Bali.
subject: Articles
  topic: section
creator: Sabri Banna
creator: Tarmizi Taher
creator: Aditya Bagus Pradana
rights: Copyright (c) 2023 https://creativecommons.org/licenses/by-sa/4.0
date: 2023-07-31
publication date: 2023-07-31
starting page: 241
ending page: 266
doi: 10.15294/ijel.v2i2.40203

Laws Concerning Mineral and Coal Mining on Community Welfare from an Environmental Ethics Perspective
type: item
description: This study delves into the legal frameworks governing mineral and coal mining operations, focusing on their implications for community welfare through the prism of environmental ethics. Through qualitative research methods with a normative juridical approach, this research scrutinizes the transition from Law Number 4 of 2009 to Law Number 3 of 2020 and evaluates the juridical ramifications of the latter on societal well-being. Drawing on data from library research, legal document analysis, and stakeholder interviews, including perspectives from entities such as Jatam and PT Selo Argodedali, the study offers insights into divergent opinions regarding the efficacy of the legislative revisions. Findings indicate discord between mining entities and communities, with the former advocating for regulatory revisions while the latter perceive losses due to mining activities. Moreover, the study critiques the 2020 Minerba Law for its perceived neglect of environmental ethics, prioritizing exploitative practices over environmental preservation. Ultimately, this research underscores the imperative for legal policies to uphold community welfare in harmony with environmental ethics, as mandated by constitutional provisions.
subject: Articles
  topic: section
creator: Adzraa Taqiyaah
creator: Arif Hidayat
rights: Copyright (c) 2023 https://creativecommons.org/licenses/by-sa/4.0
date: 2023-07-31
publication date: 2023-07-31
starting page: 211
ending page: 240
doi: 10.15294/ijel.v2i2.40202

Ponorogo Regency Green Open Space Analysis of Law Number 27 of 2007 concerning Spatial Planning
type: item
description: One of the uses of space stated in Law Number 26 of 2007 concerning Spatial Planning is Green Open Space (RTH). This law requires that each district/city have a green open space area of at least 30% of the entire regional area. Ponorogo Regency is one of the districts in East Java Province which has an area of 137,178 Ha. This research will discuss the suitability of the green open space owned by Ponorogo Regency to Law Number 26 of 2007 concerning spatial planning and the potential for developing green open space in the Ponorogo Regency area. This article uses normative research methods with a positive legal approach and an approach using statistical data. The result is that Ponorogo Regency has not yet reached the minimum green open space limit of 30% because it is still at 19%. However, Ponorogo Regency has ambitions with the existence of Regional Regulation Number 1 of 2012 concerning RTRW 2012-2032 which states that the minimum limit of 30% RTH will be achieved in 2032. For the potential for developing RTH areas, Ponorogo Regency has three places, namely roads, river routes and mining areas.
subject: Articles
  topic: section
creator: Danang Johar Arimurti
creator: Fatma Ulfatun Najicha
rights: Copyright (c) 2023 https://creativecommons.org/licenses/by-sa/4.0
date: 2023-07-31
publication date: 2023-07-31
starting page: 199
ending page: 210
doi: 10.15294/ijel.v2i2.40201

Development of the National Food System through Digitalization and Downstreaming to Strengthen National Food Security
type: item
description: Geopolitical tensions in countries have triggered uncertainty in global financial, resulting in inflationary which could to global energy and food crisis, including for Indonesia. This condition must addressed with appropriate policies , one of which is the development of a digitalization and agricultural downstream system. This article used the qualitative description method, the objective of the article is presented in comprehensive manner regarding the overview of food security in Indonesia, urgency and implementation digitalization and downstream-agriculture. In-2022, Indonesia's food security index will experience decline from the previous year. This decrease was caused mainly due to decrease in food quality and safety scores.The agricultural digitalization and downstream system allows Indonesian agriculture to be further developed so that farmers gain understanding of the required land use, but the results are satisfactory and the costs are more efficient. Agricultural digitalization interpreted as changing way things are done in aspects of agriculture, from processing to marketing.Meanwhile, downstreaming is carried out by developing agricultural activities to strengthen product processing processes, as well as developing technology in processing industry sector by strengthening the bargaining position of agricultural-based processed products. Digitalization and downstreaming can implemented through digitalization upstream and downstream from production, post-harvest, warehousing, processing, marketing and financing in the food sector through optimizing the role of MSMEs. This is realized by preparing business model digital farming through distribution smart green houseto MSMEs, distribution smart farming to food clusters, distribution of post-harvest processing machines, digitalization of product marketing with start up agriculture, to market digitalization.
subject: Articles
  topic: section
creator: Muhammad Adymas Hikal Fikri
creator: Yustina Dhian Novita
creator: Moh. Imam Gusthomi
rights: Copyright (c) 2023 https://creativecommons.org/licenses/by-sa/4.0
date: 2023-07-31
publication date: 2023-07-31
starting page: 169
ending page: 198
doi: 10.15294/ijel.v2i2.40200

Discourse of the Implementation of International Principles in Cases of Forest Fires in Indonesia
type: item
description: Forest fires in Indonesia have become a recurring environmental crisis with widespread consequences. International principles and agreements provide frameworks for addressing such disasters, yet the translation of these principles into effective action at the national level remains challenging. This paper conducts a discourse analysis to examine the implementation of international principles in Indonesian forest fire cases. Drawing from policy documents, media reports, and scholarly literature, the study investigates Indonesia's adherence to these principles and the factors influencing their application. Findings reveal a complex landscape of challenges and opportunities. While Indonesia has made commitments to international agreements, such as the United Nations Framework Convention on Climate Change and the ASEAN Agreement on Transboundary Haze Pollution, translating these commitments into tangible policies and actions faces hurdles such as institutional capacity, governance issues, and conflicting interests. Moreover, the discourse surrounding forest fires involves diverse stakeholders, including government agencies, non-governmental organizations, and international bodies, each with varying perspectives and agendas. This research underscores the importance of understanding the dynamics of international environmental governance in addressing transboundary challenges like forest fires. By elucidating the discourse surrounding the implementation of international principles in Indonesian forest fire cases, this study contributes to advancing knowledge on global environmental governance and offers insights for fostering more effective collaboration among stakeholders to mitigate the impacts of future forest fire crises.
subject: Articles
  topic: section
creator: Secondio Apristyan
creator: Tri Kurnia Agung Fidhata
rights: Copyright (c) 2023 https://creativecommons.org/licenses/by-sa/4.0
date: 2023-01-31
publication date: 2023-01-31
starting page: 151
ending page: 168
doi: 10.15294/ijel.v2i1.40193

Long-Term Sustainability of Outer Space: Role of Sustainable Development Goals and Its Legal Consequences
type: item
description: Celestial phenomena have historically contributed to natural processes, but their collision paths and debris generation have increasingly threatened outer space. Human activities in space exacerbate these risks, prompting concerns over the preservation of the space environment. The United Nations Committee on the Peaceful Uses of Outer Space (UNCOPUOS) has responded by initiating sustainable space initiatives. In 2010, UNCOPUOS's Scientific and Technical Subcommittee established a Working Group on the Long-Term Sustainability of Outer Space Activities. This group aims to develop voluntary guidelines for states, international organizations, and private entities to ensure sustainable space practices. The collaboration between Avio, an Italian aerospace company, and the United Nations Office for Outer Space Affairs (UNOOSA), forged during the 74th Session of the United Nations General Assembly in September 2019, is a notable step towards enhancing space accessibility, particularly for developing nations. This paper examines various aspects of sustainable space practices, including their alignment with the Sustainable Development Goals (SDGs). Part one introduces sustainable development principles and the global imperative for environmental protection. Part two explores the role of space technologies in advancing the SDGs. Part three investigates whether the SDGs encompass space-related objectives and proposes strategies for achieving sustainable space practices. Finally, part four advocates for a robust regulatory framework for sustainable space activities, emphasizing the need to learn from past environmental mistakes and protect the integrity of outer space.
subject: Articles
  topic: section
creator: Vijay Kumar
creator: K D Raju
creator: S R Subramanian
rights: Copyright (c) 2023 https://creativecommons.org/licenses/by-sa/4.0
date: 2023-01-31
publication date: 2023-01-31
starting page: 123
ending page: 150
doi: 10.15294/ijel.v2i1.40192

Climate Change as a Human Rights Issue: Litigating Climate Change in the United Nations Human Rights Committee
type: item
description: This paper delves into the convergence of climate change and human rights, with a specific focus on the avenue of litigation within the United Nations Human Rights Committee (UNHRC). In recent years, the escalating impacts of climate change have posed significant threats to human rights, including the rights to life, health, food, water, and a healthy environment. Recognizing the urgency of addressing these challenges, there is a growing discourse on utilizing human rights mechanisms to hold states and other actors accountable for their contributions to climate change and their failure to mitigate its effects. By examining pertinent legal frameworks, including international treaties such as the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR), alongside evolving case law and emerging legal strategies, this paper evaluates the potential for leveraging the UNHRC as a forum for litigating climate change as a human rights issue. It scrutinizes the complexities, obstacles, and opportunities inherent in such litigation, emphasizing its potential to advance climate justice and bolster accountability. Ultimately, this paper underscores the imperative of reframing climate change as not solely an environmental concern but also a profound human rights imperative. By advocating for the recognition of individuals' rights in the face of climate change impacts, litigating before the UNHRC offers a promising avenue for driving systemic change, safeguarding vulnerable communities, and fostering a more equitable and sustainable future.
subject: Articles
  topic: section
creator: Adeniyi Akindele
rights: Copyright (c) 2023 https://creativecommons.org/licenses/by-sa/4.0
date: 2023-01-31
publication date: 2023-01-31
starting page: 105
ending page: 122
doi: 10.15294/ijel.v2i1.40191

Intersection between Administrative Law and Private Law on Environmental Law Litigation in Indonesia Legal System
type: item
description: This paper delves into the complex interplay between administrative and private law in environmental litigation within Indonesia's legal framework. Indonesia, rich in natural resources, faces pressing environmental challenges due to rapid industrialization and urbanization. Consequently, disputes often arise over environmental conservation, resource extraction, and pollution control, necessitating legal action to uphold environmental integrity. Administrative law governs governmental bodies responsible for environmental regulation, dictating procedures for permits, inspections, and sanctions. Conversely, private law regulates relationships between individuals and entities, encompassing tort liability, contractual obligations, and property rights. In environmental litigation, these legal domains intersect as plaintiffs seek remedies for harm caused by both public and private actors. The paper examines significant cases where administrative law intersects with private law doctrines, analyzing how administrative decisions may lead to civil claims under negligence, nuisance, or strict liability theories. It also explores the role of public interest litigation and citizen enforcement mechanisms in ensuring government accountability for environmental stewardship. Additionally, it evaluates the challenges and opportunities in navigating the convergence of administrative and private law, including issues of standing, jurisdiction, evidence, and remedies. Emphasizing judicial interpretation and legal harmonization, the paper underscores the symbiotic relationship between these legal realms in Indonesia's environmental litigation landscape. By shedding light on this intersection, it contributes to understanding environmental governance and access to justice while offering insights into global environmental law reconciling public and private interests.
subject: Articles
  topic: section
creator: Riki Julianto
creator: Ridwan Arifin
rights: Copyright (c) 2023 https://creativecommons.org/licenses/by-sa/4.0
date: 2023-01-31
publication date: 2023-01-31
starting page: 69
ending page: 104
doi: 10.15294/ijel.v2i1.40190

Political Direction of Environmental Management Law in Indonesia
type: item
description: This paper examines the political trajectory shaping environmental management law in Indonesia. With its rich biodiversity and rapid industrialization, Indonesia faces complex challenges in balancing economic development with environmental conservation. The analysis begins with an overview of the historical context, tracing the evolution of environmental legislation from the colonial era to the present day. It explores how political dynamics, including shifts in governance structures, power relations, and socio-economic priorities, have influenced the development and enforcement of environmental regulations. The paper highlights key legislative milestones, such as the enactment of the Environmental Management Act in 1997 and subsequent revisions, as well as the establishment of agencies like the Ministry of Environment and Forestry. It also discusses the role of international treaties and agreements in shaping Indonesia's environmental legal framework. Furthermore, the paper evaluates the effectiveness of environmental laws in practice, considering challenges related to enforcement, capacity-building, and coordination among various stakeholders. It examines the role of civil society, the media, and grassroots movements in advocating for stronger environmental protection measures. Drawing on current trends and future projections, the paper concludes with an analysis of potential directions for Indonesian environmental management law. It considers the implications of political, social, and environmental factors, including the need for greater transparency, public participation, and adaptive governance mechanisms in addressing emerging environmental issues such as climate change, deforestation, and marine pollution.
subject: Articles
  topic: section
creator: Muhammad Azhary Bayu Saputra
creator: Ega Rijal Mahardika
creator: Siti Almiraa Kariim
rights: Copyright (c) 2023 https://creativecommons.org/licenses/by-sa/4.0
date: 2023-01-31
publication date: 2023-01-31
starting page: 33
ending page: 68
doi: 10.15294/ijel.v2i1.40188

Mainstreaming Social Justice in Environmental Law Enforcement in Indonesia: Theories and Practices
type: item
description: This paper critically examines the convergence of environmental law enforcement and social justice within the context of Indonesia. Despite the nation's abundant biodiversity and natural resources, it grapples with the intricate challenge of harmonizing environmental conservation efforts with socio-economic development imperatives. However, the effective enforcement of existing environmental legislation often proves deficient, exacerbating environmental degradation and exacerbating social inequalities. Through an interdisciplinary lens drawing from law, sociology, and environmental studies, this study systematically investigates both the theoretical foundations and practical strategies for integrating social justice considerations into environmental law enforcement mechanisms. Central to the analysis is an exploration of principles such as equity, fairness, and inclusivity, elucidating pathways for their incorporation into the formulation and implementation of environmental regulations and enforcement protocols. Furthermore, the paper conducts a nuanced examination of the socio-political dynamics shaping the enforcement landscape in Indonesia, including power differentials, issues of corruption, and institutional capacities. Through a comprehensive review of pertinent literature and empirical case studies, the paper identifies promising approaches and best practices for enhancing social justice within environmental law enforcement. These encompass community-driven monitoring initiatives, robust stakeholder engagement mechanisms, and targeted capacity-building endeavors tailored to law enforcement agencies. Additionally, the paper underscores the transformative potential of technology and innovation in fostering greater transparency, accountability, and public participation in environmental governance processes. By synthesizing theoretical insights with empirical evidence, this paper contributes substantively to the nuanced understanding of the intricate interplay be…
subject: Articles
  topic: section
creator: Adiguna Bagas Waskito Aji
creator: Setyo Pramono
rights: Copyright (c) 2023 https://creativecommons.org/licenses/by-sa/4.0
date: 2023-01-31
publication date: 2023-01-31
starting page: 1
ending page: 32
doi: 10.15294/ijel.v2i1.40187

Implementation of Progressive Law in Enforcement of Environmental Law in Indonesia: The Current Problems and Future Challenges
type: item
description: Law enforcement in the environmental sector has a broad dimension, not only related to aspects of material losses, aspects of state administration, but also aspects of criminal law. Enforcement in this sector even faces several challenges and obstacles, one of which concerns the various motives and perpetrators of environmental crimes that continue to grow. This study aims to analyze how progressive law should work and be applied in environmental law enforcement in Indonesia. This study highlighted that one of the ways to realize social justice for all Indonesian people as stated in the fourth paragraph of the Preamble to the 1945 Constitution of the Republic of Indonesia is to utilize existing natural resources for the welfare of society. Article 3 paragraph (3) of the 1945 Constitution of the Republic of Indonesia also mandates that the land, water and natural resources contained therein shall be controlled by the state and used as much as possible for the prosperity of the people. This study also confirms that according to many experts, progressive law is pro-justice and pro-people law. This means that in sentencing legal actors are required to prioritize honesty and sincerity in law enforcement. They must have empathy and concern for the suffering experienced by the people. Thus, the interests of the people, in this case welfare, must be the orientation and ultimate goal in administering law.
subject: Articles
  topic: section
subject: Progressive Law
  topic: keywords
subject: Environmental Justice
  topic: keywords
subject: Environmental Law
  topic: keywords
subject: Law Enforcement
  topic: keywords
creator: Antonius Mahendra Dewantara
creator: Dika Kirana Larasati
rights: Copyright (c) 2022 https://creativecommons.org/licenses/by-sa/4.0
date: 2022-07-31
publication date: 2022-07-31
starting page: 237
ending page: 264
doi: 10.15294/ijel.v1i2.40186

Inter-correlation between Human Rights and Environmental Justice: A Discourse of Right to a Good and Healthy Environment in Indonesia
type: item
description: The right to a good and healthy environment is part of human rights. Where the right to the environment as a human right to live in an environment with a minimum quality that allows the realization of a dignified and prosperous life. As part of human rights, the state must respect, fulfill, and protect the right to a good and healthy environment. To fulfill the right to a good and healthy environment, everyone is given the right to obtain environmental education, access to information, access to participation, and access to justice. In other words, without access to information, participation, and justice, the right to a good and healthy environment will be difficult to fulfill. The government needs a mechanism or instrument for these three accesses to fulfill the right to a good and proper environment for its citizens. In the next section, we will review mechanisms or instruments for access to information, as an effort to fulfill the right to a good and healthy environment, especially in the context of controlling air pollution, as well as the shortcomings and alternatives of these mechanisms or instruments. This study aims to analyze the discourse on the right to a good and healthy environment in Indonesia in the study of human rights and environmental law in Indonesia.
subject: Articles
  topic: section
subject: Human Rights
  topic: keywords
subject: Environmental Justice
  topic: keywords
subject: Environmental Rights
  topic: keywords
subject: The right to a good and healthy environment
  topic: keywords
creator: Eko Yuliyanto
creator: Maftukhatul Muna Alatiqoh
creator: Ahmad Husain Alfaruq
rights: Copyright (c) 2022 https://creativecommons.org/licenses/by-sa/4.0
date: 2022-07-31
publication date: 2022-07-31
starting page: 213
ending page: 236
doi: 10.15294/ijel.v1i2.40185

Illegal Fishing by Other Countries: Complicated Law Enforcement in Indonesia
type: item
description: As an archipelagic country, illegal fishing become one of the challenges faced by Indonesia. This study aims to analyze the complexity of law enforcement in Indonesia in dealing with cases of illegal fishing carried out by other countries. This study confirms and finds that illegal fishing is illegal fishing activity or fishing activity carried out contrary to the provisions of laws and regulations in the field of fisheries. The government has also issued a number of regulations related to illegal fishing, including Law Number 31 of 2004 concerning Fisheries, Law Number 45 of 2009 concerning Amendments to Law Number 31 of 2004 concerning Fisheries, Law Number 5 of 1983 concerning the Indonesian Exclusive Economic Zone, Law Number 21 of 2004 concerning Shipping, Law Number 6 of 1996 concerning Indonesian Waters, Presidential Regulation Number 115 of 2015 concerning the Task Force for the Eradication of Illegal Fishing, Minister of Maritime Affairs and Fisheries Regulation Number 37/Permen-KP/2017 concerning Standard Operational Enforcement Procedures Law of the Task Force for the Eradication of Illegal Fishing. This study also underlines that in Article 69 of Law Number 45 of 2009, fisheries surveillance vessels can stop, inspect, bring and detain vessels that are suspected or should be suspected of committing violations in the Indonesian fishery management area to the nearest port for further processing. Fishery investigators or supervisors can also take special action in the form of burning and/or sinking fishing boats with foreign flags based on sufficient preliminary evidence.
subject: Articles
  topic: section
subject: lllegal Fishing
  topic: keywords
subject: Maritime Boundaries
  topic: keywords
subject: Fisheries Crimes
  topic: keywords
subject: Marine Protection
  topic: keywords
subject: Law Enforcement
  topic: keywords
creator: Triyan Febriyanto
creator: Mukhamad Luthfan Setiaji
rights: Copyright (c) 2022 https://creativecommons.org/licenses/by-sa/4.0
date: 2022-07-31
publication date: 2022-07-31
starting page: 189
ending page: 212
doi: 10.15294/ijel.v1i2.40184

Civil Liability for Mining Companies for Environmental Pollution Based on Indonesian Laws
type: item
description: Environmental pollution has a broad legal dimension, in addition to criminal sanctions in various related legal regulations, there are also administrative and civil law aspects. This study aims to analyze how civil sanctions in environmental pollution are carried out by mining companies based on Indonesian legal rules. This study proves and confirms that in principle, every person in charge of a business and/or activity who commits an unlawful act in the form of pollution and/or environmental destruction that causes harm to other people or the environment is obligated to pay compensation and/or take certain actions. In addition to being required to pay compensation, the polluter and/or environmental destroyer may also be burdened by the judge to take certain legal actions, for example an order to install or repair a waste treatment unit so that the waste complies with the specified environmental quality standards; restore environmental functions; and/or eliminate or destroy the causes of environmental pollution and/or destruction.
subject: Articles
  topic: section
subject: Civil Liability
  topic: keywords
subject: Environmental Pollution
  topic: keywords
subject: Environmental Protection
  topic: keywords
subject: Law Enforcement
  topic: keywords
subject: Company
  topic: keywords
creator: Milah Sarmilah
creator: Lina Mustafidah
creator: Hellen George
rights: Copyright (c) 2022 https://creativecommons.org/licenses/by-sa/4.0
date: 2022-07-31
publication date: 2022-07-31
starting page: 165
ending page: 188
doi: 10.15294/ijel.v1i2.40183

A Discourse of Islamic Law on Environmental Protection and Sustanability: How are religious values transferred into Indonesian Environmental Law?
type: item
description: Apart from prohibiting causing damage to the earth, Islam also has an obligation to protect the environment and respect the universe which includes the universe which includes humans, plants, animals, other living things, and non-living things. Preservation of nature and the environment is inseparable from the role of humans, environmental damage is a reflection of the decline in the level of human faith. This study discusses the discourse of Islamic law in environmental protection and environmental sustainability. This study uses a comparative approach and legal interpretation, especially in the context of Islamic law which relates to obligations regarding environmental protection. This study found that, in many literatures and the views of Muslim experts, it is emphasized that protecting the environment is the same as protecting property. God provides humans with treasures to live life on earth, and wealth is not only money, but also earth, trees and plants are treasures. This study highlighted that Quran Surah Al-Araf verse 56, "and do not make any damage on earth after Allah has repaired it and pray to Him with fear and hope. Indeed, Allah's mercy is very close to those who do good”, used as a proof of Islamic values on environmental protection. In this interpretation it is emphasized that this verse is an affirmation of the prohibition of all forms of damage. Therefore, efforts to preserve the environment are not only at the conceptual level, but also manifest in Muslim life.
subject: Articles
  topic: section
subject: Islamic Law
  topic: keywords
subject: Environmental Protection
  topic: keywords
subject: Environmental Sustainablity
  topic: keywords
subject: Islamic Values
  topic: keywords
creator: Agus Taufiqur Rohman
creator: Aminullah Ibrahim
rights: Copyright (c) 2022 https://creativecommons.org/licenses/by-sa/4.0
date: 2022-07-31
publication date: 2022-07-31
starting page: 139
ending page: 164
doi: 10.15294/ijel.v1i2.40182

The Role of Women in Sustainable Development and Environmental Protection: A Discourse of Ecofeminisme in Indonesia
type: item
description: Women have been recognized as having an equal role in environmental protection and management. In relation to climate change, for example, internationally, the United Nations Framework Convention on Climate Change recognizes the importance of equal involvement between women and men, in gender-responsive climate policies, through a special agenda that addresses gender issues and climate change, including putting it into the Agreement. Paris. However, until now, the role of women still tends to be neglected, both at the local and national levels. This study aims to analyze and discuss the concept of ecofemenism as a movement for the role of Indonesian women in environmental protection in Indonesia.
subject: Articles
  topic: section
subject: Ecofeminism
  topic: keywords
subject: Environmental Protection
  topic: keywords
subject: Role of Women
  topic: keywords
creator: Tri Nurmega Oktarina
creator: Anisa Yulianti
rights: Copyright (c) 2022 https://creativecommons.org/licenses/by-sa/4.0
date: 2022-07-31
publication date: 2022-07-31
starting page: 107
ending page: 138
doi: 10.15294/ijel.v1i2.40180