Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia

Konsep Peran Serta Masyarakat Hukum Adat (MHA), Lokal dan Tradisional dalam Mengajukan dan Pembatalan Persetujuan Izin Kegiatan Penataan Ruang Terhadap Wilayah Pesisir dan Pulau-Pulau Kecil dalam Rezim Sentralisasi

Saeful Kholik, Maret Priyanta, Nadia Astriani — Fri, 29 Nov 2024 00:00:00 +0000

The enactment of the UUCK has an impact on the role of customary, local and traditional law communities in the implementation of spatial planning. Especially in terms of the right to apply for and cancel the approval of permits for spatial planning activities, where the change in phrase from the cancellation of the permit to the cancellation of the approval of conformity which causes a reduction in the rights of customary law communities and conflicts between groups in maintaining and managing coastal areas and small islands in Indonesia. Based on this, the problems are identified, including: 1. What is the impact of reducing the participation of customary, local and traditional law communities in submitting demands for the cancellation of spatial planning permit approvals for coastal areas and small islands. 2. What is the concept of the participation of customary, local and traditional law communities in submitting approval for spatial planning permits for coastal areas and small islands in the centralization regime. This research method is juridical-normative, namely examining the problems of social and regulatory symptoms. The results of the study state the concept of the role of MHA in the cancellation of spatial planning permits using the Bottom-Up system. Where local governments and districts/cities are the main doors to the cancellation and application for permits for the implementation of spatial planning. In addition, the authority of local governments must be given a larger portion to accommodate suggestions and opinions from MHA on the suitability of spatial plans.

Refleksi Satu Dekade Undang-undang Pencegahan dan Pemberantasan Perusakan Hutan

Felix Aglen Ndaru, Pansos Sugiharto — Fri, 29 Nov 2024 00:00:00 +0000

Forest destruction is a terrible problem which endangers forest sustainability in Indonesia. The government issued Law Number 18 of 2013 on Prevention and Eradication of Forest Destruction which entered its tenth year on August 6, 2023. This article presents a reflection on the 10-year implementation of the law. The study focuses on evaluating the Law in investigation aspect using normative legal research methods. Research data was obtained from secondary data sources and observations and analyzed descriptively using literature study method. The study identifies the legal instruments, the substances of the Law after the Job Creation Law, analysis of the application of the criminal provisions by the Investigators, and the challenges in utilizing the Law. The analysis recommends a mechanism for handing over casefiles from investigators to the prosecutor for further investigations as well as reviewing the time limitation criteria for law enforcement and expanding the definition of "illegal use of forest areas" to include other typologies outside of plantations and mining.

Formulasi Polluter Pays Principle dalam Rangka Mengurangi Permasalahan Sampah Plastik di Daerah Istimewa Yogyakarta

Rama Hendra Triadmaja, M. David Hanief — Fri, 29 Nov 2024 00:00:00 +0000

The problem of plastic garbage is one of the environmental issues that is very difficult to solve, including in Yogyakarta Special District. It seems that the massive use of plastic by various parties is the main cause of the environmental problems. Therefore, there is a need for an instrument to prevent continued pollution, the Polluter Pays Principle. Implementation of the Polluter Pays Principle is expected to be able to reduce the issue of garbage and raise public awareness about reducing the use of plastic waste. This research aims to provide advice that can be used to reduce the issue of its original origin, i.e. the massive production and consumption of plastic garbage. This type of research is normative jurisprudence that is descriptive analytically using a statute approach, a conceptual approach, and a comparative approach. (comparative approach). The results of this study suggest that the Polluter Pays Principle needs to be formulated in order to reduce the overload of garbage that causes environmental pollution in Yogyakarta Special District. The Yogyakarta Special Territory Government can formulate the Polluter Pays Principle in the Regional Regulations as a legal instrument that can contain criminal sanctions for the parties who violate. The practice of implementing the Polluter Pays Principle has proven to be successful in reducing the dump in some countries can be a matter of consideration in the formulation of this principle.

Refleksi Implementasi Peraturan Gubernur Lampung Nomor 33 Tahun 2020 yang Menjadi Kontroversi Pemerintah Pusat dari Perspektif Teori George C. Edwards III

Vitriana, Hartuti Purnaweni — Fri, 29 Nov 2024 00:00:00 +0000

The issue of forest and land fires continues to be suppressed by the Government of Indonesia to achieve the target of 2030 FOLU Net Sink in order to realize the commitment to reduce greenhouse gas (GHG) emissions and sustainable development goal (SDG) No. 13: Climate Action. However, on the other hand, the Lampung Government issued a controversial regulation in 2020, was Lampung Governor Regulation Number 33 of 2020 concerning Management of Sugarcane Harvest and Productivity, which legalizes the practice of burning. With the case study method and literature review with the perspective of George C. Edwards III Theory, the implementation of the regulation is effective from the bureaucratic structure factor, but not the communication, resources, and disposition factors. After a request for formal and material objections, finally on March 19, 2024, by the Supreme Court Decision Number: 1P/HUM/2024, ordered the Governor of Lampung to revoke the regulation.

Tantangan Kebijakan Pemanfaatan Sampah Sebagai Solusi Sumber Energi Listrik Dalam Upaya Pengurangan Emisi Karbon di Indonesia

Fri, 29 Nov 2024 00:00:00 +0000

PLTSa is an alternative solution to reducing waste and carbon emissions, however, the construction of PLTSa still causes problems so how can the policy of using waste as a source of electrical energy be implemented in Indonesia's efforts to reduce carbon emissions? This research is included in normative juridical research which focuses on using secondary data: primary and secondary legal materials. Based on the data used in this research, literature research uses a conceptual approach, a statutory approach, and a case approach. The research found that although PLTSa can be an alternative for dealing with waste and renewable energy problems, the construction of PLTSa installations as a source of electrical power still has social and environmental consequences and risks. Current waste management policies regard waste as useless waste rather than a resource that must be utilized. Therefore, it is important to pay greater attention to the use of PLTSa as a power generator in the environment, especially by paying attention to the quality standards for dioxins and furans produced by PLTSa.

Signifikansi Pengaturan Strict Liability dalam Peraturan Mahkamah Agung No. 1 Tahun 2023 tentang Pedoman Mengadili Perkara Lingkungan Hidup untuk Mengatasi Kerancuan Konseptualnya dalam Praktik

Muhamad Agil Aufa Afinnas — Fri, 29 Nov 2024 00:00:00 +0000

Before the enactment of Supreme Court Regulation (PERMA) No.1/2023, there was conceptual confusion regarding the application of strict liability in civil environmental cases. Firstly, misconceptions were indicated in the practice that required the plaintiff to prove that the defendant had committed an unlawful act (PMH). Secondly, there was an interpretation equating strict liability with shifting the burden of proof concerning fault elements. This research aims to analyze the significance of PERMA No.1/2023 in addressing these misconceptions. This is a doctrinal legal research. The findings indicate that PERMA No.1/2023 has provided normative guidelines and clarity, particularly for judges, in handling civil environmental cases that involve strict liability. Article 38 paragraph (3) of PERMA No.1/2023, which specifies what needs to be proven by the plaintiff when invoking strict liability as a basis for liability, addresses the first misconception. In this context, it is clear that the element of fault/unlawful act is irrelevant under strict liability. Meanwhile, Article 40 paragraph (1) of the PERMA emphasizes that strict liability is distinct from shifting the burden of proof concerning fault elements.

Pencegahan Deforestasi Guna Pemenuhan Hak Atas Lingkungan yang Baik dan Sehat bagi Masyarakat Hukum Adat (Studi Pengesahan European Union Deforestation Regulation)

Aprillia Wahyuningsih — Fri, 29 Nov 2024 00:00:00 +0000

The importance of involving indigenous peoples in preventing deforestation has to be realized. This is not only based on the existence of indigenous peoples, but the state must consider the ability of indigenous peoples to manage forests with their local wisdom. This is also supported by the ratification of the European Union Deforestation Regulation which contains the involvement of indigenous peoples. This paper analyzes the importance of involving indigenous peoples in forest management and its legal adjustment. This research is normative juridical legal research, which examines the legal norms of legislation about its problems in society. Secondary data collection is carried out by literature study through various laws and regulations and literature related to the prevention of deforestation associated with protecting the right to a good and healthy environment for indigenous peoples. This study found that the involvement and protection of indigenous peoples is the fulfilling of the Right to a Good and Healthy Environment. The concept of fulfilling Indonesia's policy adjustments is anchored by the application of the principle of Inalienability to customary land, and the ratification of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) in Indonesian legislation.

Kesesuaian Sistem Pengawasan Perizinan Berbasis Risiko di Sektor Lingkungan Hidup Pasca UU Cipta Kerja Dengan Prinsip Perlindungan dan Pengelolaan Lingkungan Hidup di Indonesia

Eko Prasetyo — Fri, 29 Nov 2024 00:00:00 +0000

Cipta Kerja Act brings significant changes to the model of Business Licensing Supervision. However, there are concerns about the compatibility of this system with protection principles. Using a juridical-normative research method, this article identifies that environmental management and protection in Indonesia apply the principles of precaution, prevention, and sustainability. Furthermore, the detailed supervisory system established under the Business Licensing regime tends to be more effective compared to the previous system. Nevertheless, updates are needed in certain applications of environmental protection and management principles, including the need for an early warning system for environmental damage and/or degradation and the strengthening of accountability awareness among business actors.

Judicial Activism Hakim Peradilan Tata Usaha Negara Mewujudkan Kebersisteman Hukum Lingkungan Hidup

Sudarsono — Fri, 29 Nov 2024 00:00:00 +0000

Judicial activism, commonly translated as judicial activism or judicial engagement, is a philosophy in which judges make decisions by considering the development of legal consciousness and justice, or the latest developments in public policy. This writing aims to understand: 1) how Administrative Court judges implement judicial activism in realizing a legal system for environmental law, and 2) the position of Administrative Court decisions in realizing the environmental law system. This research is normative juridical in nature, using a statutory and conceptual approach, which will be analyzed descriptively and qualitatively. The results of the study show that: 1) Judges play a very important role in enforcing environmental law by realizing various rules for environmental management and protection in various environmental disputes in Administrative Court. The important role of judges in implementing the legal framework set out in legislation is crucial for protecting the environment. 2) The position of the Administrative Court's decisions in environmental disputes is highly strategic for two reasons: 1) From a legal scientific perspective, court decisions serve as: a source of law; the result of legal rule formulation; the transformation of abstract legal norms into actual law; the embodiment of checks and balances among branches of state power; and a reformer of the legal system. Therefore, without judicial decisions, the legal system would not function. 2) From a practical perspective, judicial decisions resolve concrete disputes and provide interpretations that determine what the law is.

Absennya Partisipasi Publik Dalam Pembangunan Ibu Kota Nusantara

Despan Heryansyah — Fri, 29 Nov 2024 00:00:00 +0000

Pengelolaan Lingkungan Pada Program Shrimp Estate Guna Pemenuhan Hak Atas Lingkungan Yang Baik dan Sehat

Aditya Khrisna Murti, Shafa Ataina Aurellia — Mon, 02 Dec 2024 00:00:00 +0000

Shrimp ponds are one of the contributors to river and sea environmental pollution, therefore one of the programs of the Ministry of Maritime Affairs and Fisheries with the Shrimp Estate Project is that if it is not managed with good management it will cause degradation of the river and sea environment. The aim of this research is to assess the extent of the impact of shrimp ponds on river and marine ecosystems. Apart from that, it is also to look at the concept of protecting and managing shrimp estates in order to fulfill the right to a good and healthy environment. This type of research is juridical-normative using literature studies from various sources of statutory regulations, national journals. From the existence of shrimp estates, from land clearing, waste and harvesting which are not managed with good management, it can cause damage to river and sea ecosystems which impact mangrove land, decreasing water quality. The results of this literature study highlight the importance of considering many aspects of a shrimp estate.