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Rayi Kharisma Rajib; Nyoman Tania Nesa; Kresno Adi Wicaksono

Majelis : Jurnal Hukum Indonesia 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study analyzes the urgency of strengthening citizen lawsuit mechanisms in response to spatial planning failures from an environmental law perspective, using the 2025 floods in Bali as a case study. The study is motivated by the increasing frequency and intensity of floods, which can no longer be understood as merely natural phenomena, but rather as the result of structural failures in spatial planning management and weak government accountability. Normatively, spatial planning is regulated under Undang Undang Nomor 26 Tahun 2007 dan Undang Undang Nomor 32 Tahun 2009 however, its implementation reveals a gap between legal norms and actual practice. The methodology employed is a normative legal approach, involving an analysis of legislation, legal doctrine, and judicial practices related to citizen lawsuits. The study's findings show that land-use conversion and development in water catchment areas, which go against the precautionary principle, the polluter pays principle, and sustainable development, are examples of spatial planning violations that cause flooding in Bali. In this situation, citizen lawsuits increase public access to justice while acting as a legal tool to hold the state responsible for its carelessness. However, this mechanism's effectiveness is still limited by the absence of a clear legal foundation, the difficulty of the burden of proof, and the public's limited access to the litigation process. Therefore, in order for citizen lawsuits to serve as effective tools for environmental protection and accountability, it is imperative that clear regulations be established, procedures be streamlined, and public access and ability information be improved.

Muhammad Djody Satriani

Jupiter: Publikasi Ilmu Keteknikan Industri, Teknik Elektro dan Informatika 2026 Asosiasi Riset Ilmu Teknik Indonesia

Indonesia’s mineral downstreaming policy has become a strategic instrument to increase the added value of natural resources and strengthen the country’s position in the global mineral value chain. This study aims to analyze the effectiveness of the mineral downstreaming policy in encouraging regional economic transformation through the development of an integrated nickel processing industry in Obi Island, South Halmahera. The research employs a descriptive qualitative approach using secondary data obtained from government publications, corporate reports, policy documents, and environmental reports. Key data sources include regional economic statistics from the Central Bureau of Statistics, corporate publications from Harita Nickel, and regulatory frameworks such as Law No. 3 of 2020 concerning Mineral and Coal Mining. The findings show that the downstreaming policy has transformed Indonesia’s nickel industry by shifting export patterns from raw ore toward higher value-added products such as ferronickel and Mixed Hydroxide Precipitate (MHP), which are essential materials for electric vehicle battery production. The integration of Rotary Kiln Electric Furnace (RKEF) and High Pressure Acid Leach (HPAL) technologies in Obi Island has strengthened Indonesia’s role in the global battery supply chain while also stimulating regional economic growth in South Halmahera. However, the rapid expansion of the nickel industry also raises environmental governance challenges that require stronger regulatory oversight and sustainable mining practices. Therefore, future policy implementation should emphasize balanced economic development, environmental sustainability, and effective governance in mineral resource management.

Ruminingsih; Aguk Nugroho; Mokh Tho’if; Achmad Wildan D; Dhyan Purwitarini +1 more

Jurnal Pengabdian Kepada Masyarakat 2026 Pusat Riset dan Inovasi Nasional

Waste-related issues have become increasingly complex environmental challenges as a result of population growth and shifting consumption patterns within society. Although Indonesia has established a legal framework through Law Number 18 of 2008 on Waste Management, its implementation at the community level continues to encounter various obstacles, particularly low legal awareness and an underdeveloped legal culture. This community service program aims to foster and strengthen a legal culture in waste management as an effort to promote environmental sustainability in Mrutuk Village, Widang District, Tuban Regency. The activities were conducted using participatory and descriptive approaches, including legal education, dissemination of waste management regulations, reinforcement of legal substance and enforcement structures, and community-based assistance. The results demonstrate an improvement in public understanding and awareness of the importance of managing waste in accordance with legal provisions, a shift in attitudes from compliance motivated by supervision toward voluntary compliance, and the emergence of community initiatives to actively engage in environmentally oriented waste management. Therefore, strengthening legal culture has proven to be a crucial instrument in encouraging environmentally responsible behavior and supporting the achievement of sustainable development.

Darmawansyah Darmawansyah; Bambang Sulistyo; Henry Farizal

Venus: Jurnal Publikasi Rumpun Ilmu Teknik 2026 Asosiasi Riset Ilmu Teknik Indonesia

The conversion of agricultural land to non-agricultural land continues to increase along with the pressures of urbanization, industrialization, and settlement expansion. This condition poses risks to food security, environmental sustainability, and farmer welfare. This article reviews literature based on 25 abstracts/research results on LP2B in Indonesia to map policy implementation patterns, the relationship between LP2B and regional spatial planning, inhibiting factors, and the direction of policy strengthening. The method used is a narrative review with thematic synthesis of normative legal studies, juridical-empirical, qualitative, mixed methods, and spatial-quantitative approaches. The results of the review indicate: (1) LP2B is highly dependent on the harmonization of spatial planning policies, especially RTRW/RDTR and licensing mechanisms based on KKPR-OSS; (2) many regions are still stuck at the land inventory-identification stage, not yet reaching the determination and operational protection through LP2B Regional Regulations; (3) dominant obstacles include regulatory asynchronous, weak law enforcement, minimal cross-agency coordination, limited data by name by address, suboptimal socialization, and conflicts of interest in non-agricultural development; (4) incentive-disincentive instruments have not been implemented consistently, although socially farmers tend to accept LP2B protection; and (5) quantitative evidence at the national level shows that LP2B policies have a positive effect on the percentage of rice fields, despite being suppressed by population density and real estate sector growth. This article emphasizes the need for an integrated spatial governance approach, strengthening regional institutions, and designing policies that are socially and environmentally just to ensure that LP2B is effective in maintaining regional food security.

Wiji Nur Eko Wahyu; Abdul Halim; Risnita Risnita

IJLS (International Journal of Law and Society) 2026 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Particularly in emerging nations, corporate environmental criminality poses a serious threat to environmental justice, sustainable development, and legal responsibility. With a focus on corporate crime theory and green criminology, this study critically analyzes corporate environmental crime using an integrative framework that blends modern criminological viewpoints with Islamic criminal law (fiqh al-jināyah). This study examines how Islamic legal concepts, particularly the doctrine of maqāṣid al-sharī‘ah, can enhance current models of corporate criminal responsibility and environmental governance using a normative-analytical and conceptual approach. The results show that structural incentives, lax enforcement, and profit-driven rationalization tactics make traditional regulatory and penal measures ineffective at discouraging corporate environmental malfeasance. Islamic criminal law provides a revolutionary framework that places environmental conservation as both a legal requirement and a moral necessity because of its strong ethical orientation and comprehensive view of justice. With a focus on ecological balance (ḥifẓ al-bi’ah), property (ḥifẓ al-māl), and life preservation (ḥifẓ al-nafs), this study offers a value-based corporate accountability approach that goes beyond deterrence-oriented punishment and prioritizes prevention, restoration, and social responsibility. By broadening the doctrinal scope of Islamic criminal law to acknowledge corporate criminal culpability, this integrative approach makes a theoretical contribution. Practically, it informs regulatory enforcement and environmental policy change. The study presents an interdisciplinary paradigm that unites criminological analysis and religious legal reasoning, providing a strong basis for creating environmental governance systems that are just, moral, and sustainable, especially in developing nations and jurisdictions with a majority of Muslims.

Euis Maesaroh; Intan Sukmawati; Kanisa Sabila; Sitta Khairunnisa

IJLS (International Journal of Law and Society) 2026 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Article 28H paragraph (1) of the 1945 Constitution of the Republic of Indonesia guarantees the right of every person to live in a good and healthy environment, while Article 33 paragraph (4) of the 1945 Constitution of the Republic of Indonesia affirms the principle of sustainable and environmentally friendly development as the basis for natural resource management. These constitutional norms are implemented through Law No. 32 of 2009 concerning Environmental Protection and Management, which requires every business activity to prevent any pollution and/or environmental damage. In addition, through Law Number 11 of 2020 concerning Job Creation as amended by Law Number 6 of 2023, there have been significant changes in the business licensing system and environmental protection instruments, including the integration of environmental approval into risk-based business licensing as regulated in Articles 22 and 23. In the context of oil palm plantations in Sumatra, these changes in norms have legal implications for the fulfillment of business actors' legal obligations in environmental protection and management. This study aims to analyze the impact of oil palm plantation exploitation in Sumatra from an environmental law perspective, particularly in relation to legal violations based on the normative framework of applicable laws and regulations after the enactment of the Job Creation Law.

Kayla Risti Adzani; Adib Hashif Herliansyah; Zaenul Slam

Jurnal Riset Rumpun Ilmu Pendidikan 2026 Lembaga Pengembangan Kinerja Dosen

Science and technology (science and technology) has a strategic role in encouraging the progress of the nation, but its development needs to be directed so that it is not separated from moral and humanitarian values. Without a strong ethical foundation, the advancement of science and technology has the potential to cause various social problems, such as inequality of access to technology, misuse of technology, and degradation of human values. In the Indonesian context, Pancasila as the basis of the state and the nation's outlook on life can be used as a paradigm in the development of science and technology that is oriented towards humanity, unity, democracy, and social justice. This research aims to examine the role of Pancasila values in building science and technology ethics in Indonesia. The method used is a qualitative approach with literature study techniques on various academic sources, public policy documents, and relevant laws and regulations. The results of the study show that Pancasila values are able to become an ethical foundation in the development of science and technology, so that technological progress is not only oriented to technical and economic aspects, but also to moral responsibility, social justice, environmental sustainability, and the welfare of society as a whole.

Retno Eko Mardani; Ani Purwanti; Bagus Hermanto

International Journal of Law and Civil Affairs 2025 International Forum of Researchers and Lecturers

Rapid urbanization, especially in developing countries, has worsened spatial inequality and environmental degradation, impacting vulnerable urban communities living in informal settlements with limited access to services and increased environmental risks. This study examines the role of spatial planning law in promoting social justice and environmental protection in urban areas, particularly for marginalized populations. While spatial planning laws have the potential to promote equity and sustainability, inconsistent enforcement and inadequate evaluation mechanisms reduce their effectiveness. Using a qualitative legal analysis approach, the research reviews statutory frameworks, urban planning documents, and case studies to assess the practical application of these laws. Findings show that integrating spatial planning laws with social justice and environmental sustainability principles can enhance the living conditions of vulnerable communities by ensuring equitable resource access and reducing exposure to environmental hazards. However, fragmented legal frameworks, weak enforcement, and a lack of participatory planning hinder their impact. Comparing with traditional urban planning, social justice-oriented spatial planning provides more sustainable outcomes by prioritizing equity and environmental protection. The study recommends policy reforms to strengthen law enforcement, encourage inclusive decision-making, and integrate social justice and sustainability into urban planning frameworks. Further research is needed to assess the long-term impacts and role of these laws in achieving equitable urban development.

Ega Saputra; Nida Annisa; Muhammad Rizky; Cahya Darmawan

SOSIAL: Jurnal Ilmiah Pendidikan IPS 2025 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

Rapid infrastructure development in Indonesia poses significant environmental risks, necessitating effective control instruments like the Environmental Impact Assessment (AMDAL). This study analyzes the strategic role of AMDAL in supporting the achievement of Sustainable Development Goals (SDGs), particularly regarding water security, sustainable cities, climate action, and ecosystem conservation. Using a qualitative method with a literature review approach, this research evaluates regulations and academic sources from 2020 to 2025. The findings reveal that AMDAL serves as a critical preventive tool that aligns industrial activities with SDG 6, SDG 11, SDG 13, SDG 14, and SDG 15 through the internalization of ecological costs and strict mitigation hierarchies. Furthermore, AMDAL functions as an essential baseline data source for government monitoring. However, the study identifies substantial barriers to implementation, including a deficit in meaningful public participation, weak law enforcement that renders AMDAL a mere administrative formality, and regulatory dynamics post-Job Creation Law (UUCK) which shifted to a risk-based approach. The study concludes that while AMDAL is theoretically robust as a safeguard for sustainability, its practical implementation requires strengthening in transparency and supervision to effectively bridge economic interests with ecological preservation.

Muhammad Irfan Maulana

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study analyzes the legal implications of the Merauke Food Estate Project on the principles of sustainable development and Indonesia's commitment to Net Zero Emission (NZE) from the viewpoint of international environmental law. Through a normative legal approach complemented by qualitative empirical analysis, this study reveals that the realization of this project has the possibility of violating national and international environmental principles, which include sustainable development, the precautionary principle, and the polluter pays principle, due to the mass deforestation that increases carbon emissions and the absence of the implementation of the Free, Prior, and Informed Consent (FPIC) mechanism for indigenous peoples. The findings indicate that the legal responsibility of the state and corporations in this project is not fully aligned with Indonesia's commitments under the Paris Agreement and the NZE target. Previously, and Informed Consent (FPIC/PADIATAPA) for indigenous peoples. The findings show that the legal responsibilities of the state and corporations in this project are not completely in line for Indonesia's commitments in the Paris Agreement and the 2060 NZE target, thus requiring policy reconstruction according to a rights-based strategy to ensure a balance between food security, ecological fairness, and a healthy environment.

Shela Zulfa Syifaurrohmah

Desentralisasi : Jurnal Hukum, Kebijakan Publik, dan Pemerintahan 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study aims to analyze the relationship between the concept of responsive law developed by Robert Nonet and Philip Selznick and the benefits of sustainable development in the context of Indonesian law. Using normative legal research methods, this study focuses on the study of legal doctrines, scientific literature, and regulations related to sustainable development. The results of the study show that responsive law has the potential to become a more adaptive and participatory regulatory framework. This legal model is relevant to strengthening sustainable development policies because it supports the integration of social values, environmental protection, and intergenerational justice. However, structural challenges such as bureaucracy, regulatory inconsistency, and weak law enforcement remain obstacles to the implementation of responsive law in Indonesia. This study confirms that the application of responsive law can increase the effectiveness of sustainable development policies when developed in conjunction with the strengthening of national legal institutions.  

Rizky Zulkarnaen; Muhammad Hilqiya; Riska Indah Andini; Siska Sari; Yudi Widagdo Harimurti

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study explores the urgency of enacting a specific Electronic Waste Management Law in Indonesia as a legal foundation to support the achievement of net zero emissions. Using a normative juridical approach, the research analyzes existing legal shortcomings, the application of the Extended Producer Responsibility (EPR) principle, and comparative insights from international e-waste regulatory frameworks. The findings indicate that current environmental regulations, such as Law No. 32 of 2009 on Environmental Protection and Management and Government Regulation No. 101 of 2014 on Hazardous Waste Management, do not explicitly regulate electronic waste. As a result, e-waste management remains fragmented and largely handled by the informal sector without adequate supervision or accountability mechanisms. Therefore, the establishment of a comprehensive E-Waste Law is crucial to enhance Indonesia’s legal structure, substantive norms, and legal culture in supporting a sustainable circular economy. Through the implementation of EPR and shared responsibility among producers, consumers, and government institutions, the law can function as a strategic tool to minimize electronic waste generation, improve recycling efficiency, and reduce carbon emissions. Such legal innovation would reinforce Indonesia’s environmental governance and accelerate progress toward its national goal of achieving net zero emissions by 2060.

Imam Fatkhan Mubin; Siti Ngainnur Rohmah; Taufiqurachman Taufiqurachman

Jurnal Ilmu Pertahanan, Politik dan Hukum Indonesia 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The implementation of environmental management is an important aspect in shaping ecological behavior within educational settings. Law No. 32 of 2009 emphasizes the responsibility of individuals and institutions to preserve the environment, in line with the principles of Fiqh Al-Bi’ah in Islam. Al-Fajr Dormitory of Ma’had Al-Zaytun serves as an example of this application through the daily activities of its students. This study aims to describe the implementation of environmental management at Al-Fajr Dormitory based on Articles 67–68 of Law No. 32 of 2009 and the Fiqh Al-Bi’ah perspective. Using a descriptive qualitative method through observation, interviews, and documentation, data were obtained from dormitory administrators, students, and relevant literature. The results show that environmental management is carried out through routine activities such as cleaning duties, waste management, facility maintenance, and the prudent use of resources. From the perspective of Fiqh Al-Bi’ah, these practices reflect the values of stewardship (khalifah), trust (amanah), and balance (mīzān). The synergy between state regulations and Islamic principles fosters disciplined, responsible students with strong ecological awareness as part of sustainable environmental development.

Muhammadong Muhammadong

Jurnal Budi Pekerti Agama Islam 2025 Asosiasi Riset Ilmu Pendidikan Agama dan Filsafat Indonesia

Sustainable development is now a very important worldwide issue since it is important for the health of future generations without harming the environment or generating social injustice. In this context, the Maqāṣid al-Syarī‘ah method can provide an essential foundation for fostering sustainable development, grounded in the principles of Islamic law. This study seeks to examine the correlation between Maqāṣid al-Syarī‘ah and sustainable development through the lens of Islamic law. The methodology employed is a literature research utilizing a normative-qualitative approach, examining both primary and secondary texts pertinent to Islamic law and Maqāṣid al-Syarī‘ah. The study's findings indicate that Maqāṣid al-Syarī‘ah, which emphasizes the safeguarding of religion, life, intellect, lineage, and wealth, corresponds with the objectives of sustainable development, including social justice, environmental conservation, and economic empowerment. Further debate indicates that the incorporation of Maqāṣid al-Syarī‘ah principles into sustainable development strategies can establish an equilibrium between economic advancement and the safeguarding of human rights and the environment. In conclusion, the implementation of Maqāṣid al-Syarī‘ah in sustainable development can fortify a just and enduring legal framework and offer a resolution to the contemporary global difficulties confronting the world.  

Jumantoro, Tegar Raffi Putra; Novemyanto, Alfin Dwi

Mahkamah : Jurnal Riset Ilmu Hukum 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Indonesia faces significant challenges in achieving sustainable development, particularly due to the negative environmental impacts of rapid economic growth, such as deforestation, air and water pollution, and the increase in greenhouse gas emissions. Green Bonds have great potential as a financial instrument to promote sustainable development in Indonesia. Indonesia is actively working to develop the market through key policies such as the Financial Services Authority Regulation (POJK) No. 51/POJK.03/2017, which regulates the issuance and offering of sustainable bonds, thus enhancing the suitability of green bonds to finance environmentally friendly projects. The research method used in this study is a normative legal approach with a focus on laws and regulations (UU) and a library research method. Through this approach, the study analyzes relevant regulations and existing literature to explore the potential and challenges Indonesia faces in implementing green bonds, particularly in the infrastructure investment sector. The implementation of green bond investments in Indonesia, especially in the infrastructure sector, is a strategic step in line with efforts to achieve sustainable development. To achieve this, Indonesia must also consider integrating green bonds into broader development policies. This includes developing strategies that combine economic, social, and environmental aspects in the planning and implementation of infrastructure projects.

Polrendyo Polrendyo; Ika Devy Pramudiana; Eny Haryati

Jurnal Hukum, Administrasi Publik dan Negara 2025 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

This article presents a systematic literature review on the application of good governance principles in Indonesia from 2019 to 2025. It explores the development of good governance concepts, including key principles such as transparency, accountability, participation, law enforcement, and public service effectiveness. The study also addresses the significant challenges faced in implementing these principles, such as pervasive corruption, a complex bureaucratic culture, and disparities in human resource capacity across regions. The methodology applied in this research is a systematic literature review, complemented by bibliometric analysis using VOSviewer, which maps the relationships between key concepts and trends identified in the related research. The findings reveal that the principles of good governance have been integrated across various sectors, such as local government, education, healthcare, environmental management, and digital services, showing the broad scope of its application. However, despite these efforts, challenges such as widespread corruption, bureaucratic resistance, digital infrastructure gaps, and low public participation—especially in remote and rural areas—remain significant barriers. This study emphasizes the need for a comprehensive and integrated approach to overcoming these obstacles, suggesting that institutional strengthening, technological innovation, inclusive public participation, and sustained political commitment are essential to realizing good governance. Furthermore, the research contributes to the development of more effective and sustainable governance policies, offering insights for enhancing governance practices and strategies in Indonesia moving forward. The study advocates for long-term solutions to improve governance effectiveness and ensure equitable and inclusive public services.

Abdurrahman Hilabi; Miftahul Ulum; Reni Puspita Sari

International Journal of Islamic Religious Studies and Sharia 2025 International Forum of Researchers and Lecturers

This study examines the integration of Maqasid al-Sharia the objectives of Islamic law into contemporary sustainable development frameworks, focusing on how Islamic ethical principles can guide social, economic, and environmental sustainability. Maqasid al-Sharia traditionally aims to preserve five core elements: religion, life, intellect, progeny, and wealth, all of which contribute to human well being. The research explores how these principles can be adapted to address modern challenges such as poverty, inequality, and environmental degradation, highlighting the potential of Maqasid al-Sharia to align with the United Nations Sustainable Development Goals (SDGs). Key Islamic principles, including justice (ʿadl), public welfare (maṣlaḥah), and ecological stewardship (khilafah), provide a moral framework for sustainable development, ensuring that economic growth is achieved alongside social justice and environmental preservation. The study also examines the role of Islamic finance, particularly tools like Sukuk, Zakat, and Waqf, in promoting sustainability by funding social welfare projects and supporting environmental initiatives. By comparing Maqasid al-Sharia with secular sustainability models, the research underscores the importance of integrating ethical and spiritual accountability into sustainability efforts. While secular models often prioritize economic growth, Islamic sustainability frameworks emphasize the interconnectedness of human development, social justice, and ecological balance, offering a more holistic approach. The findings suggest that integrating Maqasid al-Sharia into policy and development frameworks can provide a comprehensive, ethically grounded approach to addressing global sustainability challenges. Future research should focus on empirical studies to assess the practical application of Maqasid al-Sharia in real world sustainable development projects and policy making, particularly in Muslim majority societies.

Nunung Arfianti

Deposisi: Jurnal Publikasi Ilmu Hukum 2025 International Forum of Researchers and Lecturers

This research examines the legal issues surrounding the Environmental Impact Assessment (Analisis Mengenai Dampak Lingkungan—AMDAL) as a prerequisite for obtaining business or activity permits in Indonesia. The study adopts a normative juridical approach, analyzing legal theories, concepts, and principles relevant to environmental law. The enactment of Law Number 11 of 2020 on Job Creation introduced significant amendments, deletions, and new provisions to Law Number 32 of 2009 concerning Environmental Protection and Management (PPLH Law). One of the most substantial changes is the removal of the explicit obligation to obtain an environmental permit, replacing it with a requirement for environmental approval issued by the central government. This environmental approval consists of the Statement of Environmental Management Capability (Pernyataan Kesanggupan Pengelolaan Lingkungan Hidup—PKLHP) and the Environmental Feasibility Decision (Keputusan Kelayakan Lingkungan Hidup—KKLH), both intended to ensure that businesses and activities comply with environmental standards before commencing operations. However, the revision also affects public participation in the AMDAL process. Under the Job Creation Law, opportunities for environmental organizations and local communities to be involved in the preparation, review, and decision-making stages of AMDAL have been significantly reduced. This shift raises concerns about transparency, accountability, and the integration of environmental, social, and economic considerations in decision-making. In the context of sustainable development, environmental permits or approvals should not only serve as administrative formalities but also as instruments to safeguard environmental quality and uphold public interest. Public participation plays a critical role in ensuring that AMDAL processes reflect diverse perspectives, promote environmental justice, and support the long-term goals of environmental protection. The study concludes that while the Job Creation Law aims to streamline licensing and promote investment, its impact on public involvement in environmental governance poses risks to the integrity of environmental protection frameworks in Indonesia.

M. Arif Syahputra; Evita Isretno Israhadi

Majelis : Jurnal Hukum Indonesia 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study explores the crucial role of legal certainty in the management of natural resources, with a focus on forest areas, as a key factor in ensuring a balanced approach to economic use, environmental sustainability, and the protection of community rights. Forests, both with and without tree cover, require clear legal frameworks to prevent overlapping claims, illegal activities, and degradation. The state's authority in regulating the status and function of forest areas is vital and must be supported by coherent, enforceable policies. Employing a normative juridical method, this research examines primary, secondary, and tertiary legal sources, particularly Law Number 41 of 1999 concerning Forestry, to assess the extent to which Indonesia’s legal system provides certainty in forest area governance. The findings reveal that legal certainty is still challenged by overlapping regulations, inconsistencies in enforcement, and gaps between formal legal provisions and their implementation in the field. These issues often lead to land conflicts, unclear tenure rights, and unsustainable exploitation. Nevertheless, when implemented effectively, the legal framework has the potential to promote responsible management practices, preserve biodiversity, and safeguard indigenous and local communities' rights. The study underscores the need for harmonizing sectoral laws, strengthening institutional coordination, and improving transparency in forest area designation and use. Legal certainty is not only a prerequisite for sustainable development but also a cornerstone for legal justice and equitable resource governance. This paper contributes to the discourse on forest policy reform and aims to inform legislators, policymakers, and stakeholders involved in natural resources management about the importance of strengthening legal foundations for better governance and sustainability.

Sumartono Sumartono; Riswadi Riswadi

Doktrin: Jurnal Dunia Ilmu Hukum dan Politik 2025 International Forum of Researchers and Lecturers

The exploitation of natural resources through mining projects in Indonesia often has an impact on the lives of residents, both socially, economically, and environmentally. Although the government has established various regulations to protect the rights of affected communities, the implementation of this legal protection still faces various challenges. In this context, this research aims to analyze legal protection for residents in mining projects in Indonesia and examine the effectiveness of regulations that have been implemented. This research uses a normative juridical method using both a statutory and a conceptual approach. The former involves examining multiple legal provisions that govern mining and community protection, including Law Number 4 of 2009 concerning Mineral and Coal Mining, Law Number 32 of 2009 concerning Environmental Protection and Management, and various derivative regulations. The latter involves investigating legal theories that are pertinent to the defense of residents' rights, including the notion of sustainable development, the right to a healthy environment, and the rights of indigenous peoples to land and natural resources. This research does not involve case studies or interviews, but focuses on a normative study of the applicable legal system. Through an analysis of national and international legal instruments, this research is expected to provide academic contributions in identifying weaknesses in existing regulations and providing recommendations for policy makers in improving legal protection for residents affected by mining projects. Thus, this research can be a basis for strengthening more effective legal protection in maintaining a balance between the exploitation of natural resources and the rights of local communities.