International Journal of Law, Environment, and Natural Resources

Alternative Environmental Dispute Resolution Based On Local Wisdom Of Banjar Traditional Community

2025-03-22T00:33:58+00:00

The purpose of this study is first to identify the difficulties of the community as victims in resolving environmental disputes through the courts (litigation) and then to find a pattern of environmental dispute resolution outside the courts that can be applied in accordance with the values ??and local wisdom of the Banjar community. The research method used is normative legal research, namely examining the applicable legal norms related to the resolution of environmental disputes. The results of this study: First, in the Settlement of Environmental Disputes in court (litigation) there are several weaknesses, namely the formality of the court system, proof of the elements contained in Article 1365 BW, the burden of proof is on the plaintiff / victim. In addition, settlement through the Court requires a lot of court costs, a long time, and court decisions are not satisfactory because the settlement is win-lose, less responsive, and no special court for environmental cases has been formed. Nevertheless, Law No. 32/2009 and and Government Regulation Number 54 of 2000 has opened up opportunities for the establishment of an Environmental Dispute Resolution Service Provider Institution outside the courts in the regions. In order to be more effective, a pattern of dispute resolution can be developed which has become a culture or customary law in the Banjar community, namely the "Bedamai culture" as a reflection in efforts to maintain harmonious order in society. The Bedamai institution can be used as an alternative to resolving environmental disputes that are traditional in nature which can be strengthened in Regional Regulation Products.

Customary Law Perspective: Legal Protection of Children as Crime Victims (Study in Parigi Moutong Regency)

2025-01-20T02:38:52+00:00

This study aims to analyze the implementation of legal protection for child victims of violence and the juridical implications of resolving such cases through customary law mechanisms in Parigi Moutong Regency. Employing an empirical juridical method, the research incorporates a conceptual approach, a case approach, and a statute approach. Data were obtained through surveys, observations, and interviews with relevant stakeholders, and analyzed qualitatively. The findings reveal that legal protection for child victims has been implemented by relevant authorities, including law enforcement and child protection agencies. These efforts involve both formal legal proceedings and non-judicial support such as victim assistance and rehabilitation provided by the Department of Women’s Empowerment, Child Protection, Population Control, and Family Planning. However, the research also highlights the ongoing practice of resolving cases particularly those involving sexual violence through customary law. Such resolutions often contradict national legal standards and principles of children's human rights. The preference for customary mechanisms among local communities and traditional leaders reflects sociocultural norms and the perceived accessibility of informal justice systems. The study underscores the need for policy harmonization between state law and customary practices to ensure the protection and fulfillment of children's rights.

Existence of Criminal Law Mechanisms in Environmental Law

2025-07-11T07:41:42+00:00

Environmental damage in Indonesia is increasingly concerning, largely due to an anthropocentric view leading to the limitless exploitation of nature. Corporate environmental crimes often violate regulations, causing detrimental impacts on society and ecology. Despite an increase in companies engaging in pollution and environmental destruction, law enforcement against these corporations has not been optimal. Therefore, environmental impact control is crucial to minimize pollution risks. Law Number 32 of 2009 concerning Environmental Protection and Management serves as an important legal basis in Indonesia. This study employs a normative legal research method to address the urgency of criminal law instruments in environmental protection. Criminal sanctions are considered urgent and effective in tackling environmental problems as they serve as a law enforcement tool and provide a deterrent effect. The application of environmental criminal law is based on the principles of legality, sustainable development, prevention, and restraint, aiming to educate the public and prevent irresponsible behavior towards the environment.

The Position of the Attorney General’s Office as the Single Prosecutor in Indonesia’s Criminal Justice System

2025-07-11T07:42:53+00:00

This study aims to critically examine the institutional position of the Public Prosecutor’s Office as the sole prosecutorial authority (single prosecutor) within the Indonesian criminal justice system. The core legal issue addressed concerns the authority and functional role of the Prosecutor’s Office as the exclusive body responsible for prosecution, particularly as mandated in Article 1 of Law No. 11 of 2021, which amends Law No. 16 of 2004 on the Public Prosecutor's Office of the Republic of Indonesia. Employing a normative legal research method, this study focuses on the analysis of normative ambiguity, using both statutory and conceptual approaches. The findings indicate that the single prosecutor concept normatively reinforces the centralization of prosecutorial powers in the hands of the Public Prosecutor's Office. Nonetheless, ambiguities persist regarding the interpretation of the limits of this authority, especially in its interactions with other law enforcement agencies and in the practical implementation of the dominus litis principle. Therefore, a comprehensive legal interpretation is imperative to prevent overlapping jurisdictions and to uphold the coherence and consistency of Indonesia’s criminal justice system.

Issues in the Distribution of Inheritance Within Families: A Study in Sidokerto Village, Mojowarno District, Jombang Regency

2025-07-22T02:21:53+00:00

Inheritance distribution within families often triggers conflicts, particularly when differing legal principles intersect, such as customary law and Islamic law. This study investigates the inheritance distribution mechanism in Sidokerto Village, Mojowarno District, Jombang Regency, focusing on the tension between customary law, which promotes equal distribution among heirs, and Islamic law, which applies a 2:1 ratio favoring male heirs. The research aims to identify the dominant factors influencing these inheritance patterns, including local traditions, legal awareness, and the socio-economic background of heirs.Using an empirical-juridical approach, the study combines a statute approach (analysis of legal texts), a case approach (review of inheritance-related disputes), and a sociological approach (examination of social practices). Primary data were collected through interviews with the village head and community leaders, while secondary data included national inheritance laws, the Compilation of Islamic Law, the Quran, and scholarly literature on inheritance practices. Findings reveal that most of the Sidokerto Village community adheres to customary inheritance law, emphasizing equal rights among heirs regardless of gender. However, a smaller portion of the population follows Islamic inheritance principles. This divergence often leads to disputes, especially when family members have differing interpretations of applicable legal norms. Factors influencing inheritance decisions include long-standing local customs, varying levels of legal knowledge, and the economic status of heirs. In most cases, inheritance issues are resolved through family deliberation, often mediated by village officials. The inheritance process typically begins with asset inventory and heir identification, serving as the foundation for distribution decisions.

The Dialectics of Freedom of Expression and Legal Restrictions on Digital Platforms: An Analysis of Human Rights Principles, the Electronic Information and Transactions Law, and Constitutional Court Decision Number 105/PUU-XXII/2024

2025-07-30T01:48:40+00:00

The right to freedom of expression is a fundamental aspect of human rights, guaranteed by both the Indonesian Constitution and international human rights instruments. However, this freedom is not absolute and may be subject to restrictions through regulatory frameworks such as the Electronic Information and Transactions (ITE) Law. In practice, the application of the ITE Law has sparked controversy due to the vague and overly broad language of several provisions, leading to multiple interpretations and granting excessive discretionary power to law enforcement authorities and certain parties in controlling the dissemination of electronic information. This situation has resulted in numerous cases of criminalization, raising serious concerns about the shrinking democratic space in Indonesia. This study aims to examine the legal implications of Constitutional Court Decision Number 105/PUU-XXII/2024 in relation to freedom of expression and its limitation under the ITE Law. Employing a doctrinal legal research method with a conceptual and statutory approach, the study analyzes primary legal materials and human rights theories as its analytical framework. The findings indicate that the Court’s decision constitutes a critical corrective measure by limiting the subject of defamation offenses under the ITE Law solely to individuals. This interpretation strengthens the principle of lex certa (legal certainty), curtails arbitrary interpretation in law enforcement, and reinforces the protection of freedom of expression in the digital space. Moreover, it reflects a balanced approach between safeguarding individual rights and upholding the public interest in a democratic society.

The Effectiveness of Sharia Insurance Dispute Resolution Mechanisms in Promoting Sustainable Development Goals

2025-08-23T02:52:07+00:00

The growth of the sharia insurance industry in Indonesia has given rise to new legal challenges, particularly in the development of dispute resolution mechanisms that are consistent with both sharia principles and national legislation. Alternative Dispute Resolution methods, such as mediation and arbitration, are considered more appropriate than litigation due to the unique nature of contracts and legal relationships in Sharia insurance. This study aims to evaluate the effectiveness of dispute resolution in the practice of sharia insurance in Indonesia and to assess the extent to which the existing legal framework ensures justice, legal certainty, and compliance with Islamic legal principles. This research employs a normative juridical method, using both the statute approach and the conceptual approach, to examine the relevant positive laws and Islamic legal doctrines governing dispute resolution in Sharia-based financial transactions. The findings reveal that strengthening the Alternative Dispute Resolution mechanism in sharia insurance disputes not only enhances access to justice and legal certainty but also directly contributes to the achievement of Sustainable Development Goal 16, which promotes peace, justice, and strong institutions. This study underscores the importance of harmonizing national law and Sharia norms in building a dispute resolution system that is fair, effective, and sustainable