Indonesian Journal of Environmental Law and Sustainable Development
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
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).
Shifting Regulatory Paradigms in the Political Development of National Environmental Law
This article examines the shifting paradigm of Indonesian environmental law following the enactment of the Job Creation Law, which introduced significant deregulation in environmental governance. The primary problem addressed is the weakening of preventive and control mechanisms, particularly the simplification of environmental permits and the reduction of public participation in Environmental Impact Assessment. The research aims to analyze the legal implications of these changes and to propose reform strategies that maintain a balance between economic development and environmental protection. Employing a normative legal research method with statutory, conceptual, and comparative approaches, this study explores the consistency of the Job Creation Law with the constitutional right to a healthy environment and the principles of sustainable development. The findings reveal that the deregulation framework prioritizes investment facilitation at the expense of environmental safeguards, thereby creating potential risks of ecological degradation and legal uncertainty. Comparative analysis with Malaysia and Bangladesh demonstrates that stronger EIA mechanisms and community involvement remain central to ensuring environmental accountability. The study concludes that the current regulatory framework in Indonesia requires rethinking and reorientation toward a more balanced legal design. Strengthening institutional capacity, restoring meaningful public participation, and embedding sustainability principles into regulatory reforms are essential for aligning Indonesian environmental law with constitutional mandates and global environmental governance standards.
Copyright (c) 2026 Eko Nuriyatman, Fauzi Syam, Dessy Rakhmawati, Pahlafi (Author) https://creativecommons.org/licenses/by-sa/4.0
Penal Culture and Judicial Responses to Environmental Crimes: Lessons from Indonesian Environmental Courts
Environmental crimes in Indonesia—such as illegal logging, land burning, and industrial pollution—continue to threaten ecological sustainability despite the existence of comprehensive environmental legislation. While much scholarship focuses on regulatory frameworks and enforcement mechanisms, limited attention has been paid to the penal culture shaping judicial responses to environmental offenses. Penal culture refers to the underlying norms, values, and institutional attitudes that influence how punishment is interpreted and applied within the criminal justice system. This article examines how penal culture influences judicial decision-making in Indonesian environmental courts. Using a socio-legal approach, the study analyzes selected environmental crime cases decided by Indonesian courts, focusing on judicial reasoning, sentencing patterns, and the role of criminal sanctions in environmental protection. The research draws on case law analysis, statutory interpretation, and relevant doctrinal literature to identify how judges conceptualize environmental harm, corporate liability, and the objectives of punishment. The findings suggest that Indonesian courts demonstrate a mixed penal culture. On one hand, certain decisions reflect a deterrence-oriented approach through the imposition of fines, imprisonment, and corporate sanctions. On the other hand, many judgments reveal a cautious or moderate penal orientation, where environmental harm is treated within conventional criminal law frameworks rather than as a distinct ecological injustice. This tension affects the consistency and effectiveness of environmental crime enforcement. The article argues that strengthening environmental protection requires a transformation of penal culture toward a more ecologically responsive and sustainability-oriented judicial perspective. Such a shift would emphasize environmental harm, corporate accountability, and restorative principles aligned with sustainable development goals. By highlighting the role of judicial culture in environmental enforcement, this study contributes to broader debates on environmental criminal law and sustainable governance in Indonesia.
Copyright (c) 2026 Ridwan Arifin, Christina Noelia Umbría, Izan Mateo Cassandro (Author) https://creativecommons.org/licenses/by-sa/4.0
Risks and opportunities in early retirement of CFPP in Indonesia: An analysis of environmental, socio-economic and regulatory implications
This study aims to analyze Indonesia’s energy transition initiatives through the early retirement of Coal Fired Power Plants (CFPPs) to increase the contribution of renewable energy to national energy mix. The research identifies key challenges related to coal dependency, sustainable financing, socio economic risks associated with workforce displacement, and regional impacts. We use mixed methods to employ a bibliometric analysis using VOSviewer to map research trends on implementing early retirement CFPP and coal phase-out strategy. This approach to identify emerging thematic clusters and research gaps over the period 2015–2025. The results indicate substantial growth in publications on this topic up to 2020, followed by fluctuations in subsequent years, suggesting that considerable scope for further research in the field of energy transition. The Systematic Literature Review (SLR) complements these findings by examining theoretical and policy perspectives from both developed and developing countries. A comparative study was conducted on developed countries that have planned and successfully implemented coal phase-out policies. The analysis shows that successful coal retirement requires a comprehensive strategy policy framework, including environmental impact, legal and policy standing, financial and fiscal aspects, and regional support compensation. The gradual coal phase-out strategy offers Indonesia an opportunity to accelerate the early retirement of CFPPs, promote renewable energy development, reduce environmental impacts, and strengthen global climate commitments while addressing socio economic challenges. The findings highlight the urgency of adopting an integrated policy framework to guide Indonesia’s energy transition toward an environmentally sustainable, socially inclusive, and affordable energy system.
Copyright (c) 2026 Dzikrina Almas Kusumadewi, Yuki Mahardhito Adhitya Wardhana, Dwi Nowo Martonoc, Zulfahmi (Author) https://creativecommons.org/licenses/by-sa/4.0
Marine Pollution and Fishermen’s Rights: A Socio-Legal Examination of Coastal Environmental Law in Indonesia
Marine pollution has become a critical environmental and socio-legal issue in Indonesia, particularly affecting coastal communities whose livelihoods depend on fisheries. According to the Ministry of Environment and Forestry, approximately 38% of Indonesia’s coastal waters are moderately to heavily polluted, with plastic waste contributing nearly 0.48–1.29 million metric tons annually to the ocean (World Bank, 2021). This pollution directly impacts fishermen: data from the Indonesian Fishermen’s Association (HNSI) shows that average daily catches in North Java declined by 26% between 2015 and 2022, largely due to degraded marine ecosystems. From a legal perspective, Indonesia has enacted Law No. 32/2009 on Environmental Protection and Management and Law No. 7/2016 on the Protection and Empowerment of Fishermen, yet enforcement remains fragmented. Field studies in Central Java reveal that over 60% of fishermen surveyed were unaware of their legal rights to compensation or remediation, highlighting a gap between formal regulation and social reality. This socio-legal disconnect underscores the importance of transparency, accountability, and participatory governance in coastal law enforcement. The study argues that effective coastal environmental law requires not only regulatory clarity but also mechanisms that ensure fishermen’s rights are protected through traceable accountability systems, community-based monitoring, and accessible legal remedies. By integrating socio-legal analysis with empirical data, this paper demonstrates that marine pollution is not merely an ecological crisis but also a justice issue, where the failure to align law with social realities risks perpetuating inequality and eroding trust in institutions.
Copyright (c) 2026 Diandra Preludio Ramada, Rini Fidiyani, Irawaty Irawaty, Taih Cherng Lirn (Author) https://creativecommons.org/licenses/by-sa/4.0
The Paris Agreement in Crisis: Legal and Environmental Consequences of the US Withdrawal
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.
Copyright (c) 2024 https://creativecommons.org/licenses/by-sa/4.0
Power, Resources, and Justice: Evaluating International Courts in Settling Transboundary Natural Resource Conflicts
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 essential to maximize the impact of judicial intervention in resource conflicts.
Illegal Fishing in the Natuna Sea: How UNCLOS 1982 Shapes Law Enforcement Between Vietnam and Indonesia
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.
Who Pays for Climate Loss and Damage? State Obligations Under International Law Explained
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 accountability while fostering equitable cooperation to ensure climate justice and sustainable development for present and future generations.
Can the International Court of Justice Shape Global Climate Action Through Law, Authority, and Accountability?
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.
Regional Rights, Environmental Wrongs: Unpacking the Paradox of Autonomy in Indonesia's Environmental Governance
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.
License to Pollute? Examining Environmental Permitting under Regional Autonomy in Indonesia
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.
Implementation of Environmental Pollution and Damage Prevention Instruments in Indonesia: Issues and Challenges
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.
Extrajudicial Dispute Resolution in Handling Environmental Cases in Indonesia (Case Study: River Water Pollution by PT Sugar Labinta in South Lampung)
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.
Dirty Dollars: Profits Over Planet in Indonesia’s Application of the Polluter Pays Principle
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.
Central Control vs. Local Liberties: Environmental Stewardship in Indonesia's Power Struggle
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.
Balancing Risk and Caution: The Precautionary Principle in Indonesian Environmental Law Context
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.
Analysis of Changes in Criminal Threats in Regulations on Environmental Protection and Management
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.
Copyright (c) 2023 https://creativecommons.org/licenses/by-sa/4.0
The Effectiveness of Administrative Sanctions Against Environmental Pollution Cases in Indonesia
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.
Protection and Preservation of the Marine Environment Through a Marine Ecotourism Scheme in Nusa Penida Bali
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.
Laws Concerning Mineral and Coal Mining on Community Welfare from an Environmental Ethics Perspective
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.
Ponorogo Regency Green Open Space Analysis of Law Number 27 of 2007 concerning Spatial Planning
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.
Development of the National Food System through Digitalization and Downstreaming to Strengthen National Food Security
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.
Discourse of the Implementation of International Principles in Cases of Forest Fires in Indonesia
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.
Long-Term Sustainability of Outer Space: Role of Sustainable Development Goals and Its Legal Consequences
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.
Climate Change as a Human Rights Issue: Litigating Climate Change in the United Nations Human Rights Committee
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.
Intersection between Administrative Law and Private Law on Environmental Law Litigation in Indonesia Legal System
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.
Political Direction of Environmental Management Law in Indonesia
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.
Mainstreaming Social Justice in Environmental Law Enforcement in Indonesia: Theories and Practices
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 between environmental law enforcement and social justice within the Indonesian context.
Implementation of Progressive Law in Enforcement of Environmental Law in Indonesia: The Current Problems and Future Challenges
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.
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Inter-correlation between Human Rights and Environmental Justice: A Discourse of Right to a Good and Healthy Environment in Indonesia
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.
The right to a good and healthy environment