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Laela Novitri Ervia Rahma
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INDONESIA
Indonesian Journal of Environmental Law and Sustainable Development
Published by Universitas Negeri Semarang
ISSN : 28299582     EISSN : 28299590     DOI : https://doi.org/10.15294/ijel
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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, Economic and Society with Sustainability in the multidisciplinary perspective including law, politics, ecology, and other related topics whether in the Indonesian context or Global perspective.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 11 Documents
 1   2 
Licensing of Land of State as Soyness of Agricultural and Land Function at Semarang Regency
Indonesian Journal of Environmental Law and Sustainable Development Vol 1 No 1 (2022): January-June, 2022
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijel.v1i1.56776

Abstract

Licensing and optimization are regulated in Government Regulation No. 27 of 2014 on the management of state / regional property. Licensing is one of the most important aspects of land management for the legality of tenure, one of the productive activities in it is to make it an agricultural land. Unfortunately, in order to obtain licensing rights to agriculture is difficult to get, one example of the case that occurred is in the area of ​​ungaran Semarang regency. The difficulty of obtaining such permits can certainly lead to unoptimal use of unoccupied vacant land. In addition, the difficulty of licensing for agriculture will cause many losses for both the government and the farmers, such as the unoptimal agricultural activities of the area to be vulnerable to shift the land into non-agricultural functions, it is feared that farmers will be reluctant to bureaucratize the government. This study is expected to contribute to the increasing rules of use and management of deadly state property in the future.
Law Enforcement of Illegal Logging in Indonesia: Problems and Challenges in Present and the Future
Indonesian Journal of Environmental Law and Sustainable Development Vol 1 No 1 (2022): January-June, 2022
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijel.v1i1.56777

Abstract

Implementation of environmental protection in juridical forest area has been regulated in Law No. 18 of 2013, on the prevention and eradication of forest destruction. In fact, the implementation of laws on the prevention and eradication of forest destruction is still at issue. Problems about efficiency and effectiveness of enforcement provided by the government. Through the methodology, it can answer the understanding of society and philosophical basis of legislation on the prevention and eradication of forest destruction and can improve the quality of enforcement of the law as well as the role given by the government. This study is expected to provide evaluation and enhancement of law enforcement in forest area protection.
Judge Decision Analysis on Civil Cases Against Counterfeiting Land Deed Decision Number 350 K/Pdt/2017 Mataram District Court
Indonesian Journal of Environmental Law and Sustainable Development Vol 1 No 1 (2022): January-June, 2022
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijel.v1i1.56778

Abstract

Indonesia is a legal state, in the execution of a judge is an object that is very important for a trial. In Indonesia alone the practice of fraud and manipulation is still common and often encountered in a trial, the duty of a judge who should be neutral and decide a case with as fair as possible can often be manipulated by the bribery process of a suspect. the power of a judge alone is set in the law of the judicial power law number 48 of 2009. There it has been explained everything about the duties and authority of a judge and how to be a just judge and then can put a suspect into a subject rather than a object. Often in finding a judge actually complicates a case that is actually trivial and gives a burdensome decision for the little people and even facilitate a big case with a suspect of important people, a concept that is not denied a thing that we often see in law.
Legal Politics of Indonesian Environmental Management: Discourse between Maintaining Environmental Sustainability and Economic Interests
Indonesian Journal of Environmental Law and Sustainable Development Vol 1 No 1 (2022): January-June, 2022
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijel.v1i1.56781

Abstract

Environmental management in Indonesia has undergone various policy changes, in addition to overlapping interrelated legal regulations. Environmental management in addition to dealing with aspects of nature conservation, is also related to economic aspects, investment, and sustainable development. On the one hand there is an interest in preserving nature and protecting nature as it should be, but on the other hand there is a shift in interests, especially with regard to investment and economic interests. This study aims to analyze the political direction of environmental management law in Indonesia.
Illegal Fishing in Indonesia and the Role of International Maritime Law on Illegal Fishing Action
Indonesian Journal of Environmental Law and Sustainable Development Vol 1 No 1 (2022): January-June, 2022
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijel.v1i1.56839

Abstract

Indonesia as one of the largest maritime sources face many challenges, one of is illegal fishing. This study aims to analyze the role of international maritime law and its practices on handling illegal fishing in Indonesia. Thisy study found and confirmed that illegal fishing action or action of foreign fishing vessels entering the territorial waters of Indonesia without permits and exploiting the natural wealth in it, would violate the sovereignty of the State of Indonesia. For that there must be a firm law enforcement in the form of catching foreign fishermen and their ships to be processed legally. The capture of foreign fishing vessels may be justified if they are filled with evidence that the fishing vessel is conducting illegal fishing. Associated with the problem of illegal fishing, the effort of a State that suffered losses is also a thing to be reckoned with. Efforts taken by a State in handling cases of illegal fishing must be regulated in a clear regulation. In fact, the efforts taken by a State with a different State.
Implementation of Progressive Law in Enforcement of Environmental Law in Indonesia: The Current Problems and Future Challenges
Indonesian Journal of Environmental Law and Sustainable Development Vol 1 No 2 (2022): July-December, 2022
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijel.v1i2.58044

Abstract

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.
Inter-correlation between Human Rights and Environmental Justice: A Discourse of Right to a Good and Healthy Environment in Indonesia
Indonesian Journal of Environmental Law and Sustainable Development Vol 1 No 2 (2022): July-December, 2022
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijel.v1i2.58045

Abstract

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.
Illegal Fishing by Other Countries: Complicated Law Enforcement in Indonesia
Indonesian Journal of Environmental Law and Sustainable Development Vol 1 No 2 (2022): July-December, 2022
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijel.v1i2.58123

Abstract

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.
Civil Liability for Mining Companies for Environmental Pollution Based on Indonesian Laws
Indonesian Journal of Environmental Law and Sustainable Development Vol 1 No 2 (2022): July-December, 2022
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijel.v1i2.58135

Abstract

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.
A Discourse of Islamic Law on Environmental Protection and Sustanability: How are religious values transferred into Indonesian Environmental Law?
Indonesian Journal of Environmental Law and Sustainable Development Vol 1 No 2 (2022): July-December, 2022
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijel.v1i2.58136

Abstract

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.

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