Communale Journal

CORPORATE CRIMINAL LIABILITY IN ILLEGAL LOGGING DUE TO EXPLOITATION OF NATURAL RESOURCES

Nurfarida Nuya Agustin H — 2024-10-17

The practice of illegal logging represents a significant challenge to the sustainability of Indonesia's forests. This is because the negative impact of this practice extends beyond the loss of biodiversity to encompass climate change and the welfare of local communities. The main objective of this research is to determine the criminal liability of corporations involved in illegal logging due to the exploitation of natural resources. The method used in this research is normative analysis, which includes an approach to legislation and a case approach. The findings indicate that despite strict regulations, the effectiveness of criminal law in preventing illegal logging is constrained by several operational challenges. These challenges include corruption, inadequate resources, and lack of public awareness. Therefore, corporate criminal liability must be strictly enforced to effectively address the detrimental impacts of illegal logging practices on the environment and local communities while ensuring the sustainability of natural resources for future generations. The findings of this study indicate the need for increased collaboration, stronger law enforcement measures, and greater community engagement. They can contribute to developing more effective forest protection policies and preventing illegal logging in Indonesia.

FOREST FIRES AS A HUMAN RIGHTS VIOLATION: THE STATE'S ROLE IN PROTECTING THE RIGHT TO A HEALTHY ENVIRONMENT

saskia dwi yanti — 2024-10-17

The 1945 Constitution of the Republic of Indonesia guarantees the right to a good and healthy living environment, as stated in Article 28H paragraph (1). This places a responsibility on the state to ensure the fulfillment of these rights. This paper addresses the issue of forest fires, which violate the right to a healthy environment due to the harmful effects of smoke, mainly when caused by human actions. It examines how the law regulates forest fires and the state's responsibility for human rights. Using a normative juridical method, this paper relies on secondary data comprising primary, secondary, and tertiary legal materials. The analysis employs both statutory and conceptual approaches. The findings indicate that large-scale forest fires, especially those caused by deliberate human activities, violate the right to a good and healthy environment. Consequently, the government is obliged to take strict action against perpetrators of forest fires and ensure recovery efforts for communities affected by these environmental disasters. This reinforces the state's obligation to uphold human rights by safeguarding the environment and addressing the consequences of environmental harm caused by forest fires.

NATIONAL STRATEGIC PLAN AND CUSTOMARY LAW FOR LAND DISPUTE REGULATIONS

Mohammad Farhan — 2024-10-17

One of the causes of agricultural conflicts that still occur frequently today is customary land. Understanding the background of land customary law is essential to building a treatment model and identifying the underlying issues causing the dispute. This study uses normative jurisprudence research methods; in particular, legal studies that view law as the basis of a normative system are typical. The authority vested in the Minister of Agriculture and Spatial Planning/Director of the Land Agency to recommend spatial adjustments to the location of the National Strategic Project to propose a solution at this time further strengthens the possibility of legally binding changes to the spatial plan. In particular, the study of law, which views law as the structure of a normative system. Conflicts usually arise because governments, the private sector, or the communities have different land-use goals. These customary land disputes often contradict Law No. 5 of 1960 on the basic regulations of the community's cultural norms and agricultural principles. Litigation and non-litigation are two possible approaches to dispute resolution. Conflicts usually arise because governments, the private sector, or the communities have different land-use goals. These customary land disputes often contradict Law No. 5 of 1960 on the basic regulations of the community's cultural norms and agricultural principles. The action to be taken when resolving a dispute can be in the form of litigation and non-litigation.

MONITORING AND PROSECUTING THE ILLEGAL ELEPHANT IVORY TRADE IN INDONESIA

Adelia aprianti dewi — 2024-10-17

Indonesia is also estimated to have as many as 300,000 species of wildlife, and as many as 17% of animals worldwide are found in Indonesia. One of the problems is the declining elephant population and the lack of public knowledge about protected animals, such as the illegal ivory trade and the decline in the elephant population due to poaching for ivory. Illegal wildlife trade poses a serious threat to wildlife conservation in Indonesia. Until now, there are still cases of the illicit trade in elephant ivory that cause endangerment caused by several factors; illegal wildlife trade has obstacles and obstacles in its enforcement, including the lack of knowledge and supervision of law enforcement officials on protected wildlife management, so that the identification of animal species becomes difficult and takes a long time because of the many smuggling routes both on land and at sea. Also, the threat of sanctions does not provide a deterrent effect for the perpetrators. This also encourages people to continue committing illegal protected wildlife trade acts. This research aims to understand and analyze the effectiveness of law enforcement and the obstacles faced in law enforcement, the method used in this research is the normative legal research method which focuses on the study of legal norms that exist in legislation, legal doctrine, and legal theories, with the approach of relevant legislation and legal issues to find legal solutions and find the truth and case approaches.

LEGAL PROTECTION ON RIVER ECOSYSTEM TOWARDS ENVIRONMENTAL SUSTAINABILITY IN SAND MINING ACTIVITIES

Nisrina Ramadhani Daulay — 2024-10-17

Earth's natural resources, such as minerals and coal, are natural resources that cannot be renewed, so they must be managed optimally to achieve benefits and prosperity for the people. Mineral and coal mining activities have been regulated and stipulated in Law Number 3 of 2020 concerning Amendments to Law Number 4 of 2009 concerning Mineral and Coal Mining and are based on legal principles. This journal discusses the protection of river ecosystems towards environmental sustainability in sand mining activities. The fact is that mining is still widespread, using an open-pit mining system, such as sand mining, which is mainly carried out by people's businesses and results in environmental damage. Most miners survive for their livelihood and hereditary business and ignore permits. This article aims to analyze the factors behind sand mining activities without permits. The impact of environmental damage and disruption of the river ecosystem due to sand mining and the efforts to overcome and protect the river ecosystem from a legal perspective will be analyzed. The method used is normative juridical, using legal materials in literature studies or secondary legal materials and related cases. The research results show various factors behind sand mining, positive and negative impacts, and mitigation efforts from a legal perspective with the critical role of the community.

CORPORATION LEGAL LIABILITY IN CASES OF ENVIRONMENTAL POLLUTION

Syaharani Syaharani — 2024-10-17

The economy is positively impacted by the industry's presence. However, it will also generate a waste product known as waste as part of the production process. This research examines the company's accountability for trash contamination in the surrounding environment. Article 88 of Law No. 11 of 2020 about Job Creation removes businesses' total obligation to be responsible. Law No. 32 of 2009 concerning Environmental Protection and Management are compared in this study to examine examples. This research employs a normative juridical approach. It is well known that the Job Creation Law itself modifies the absolute responsibility clauses that once tied companies under Law Number 32 of 2009 concerning Environmental Protection and Management. The study's findings suggest that administrative responsibility is the only corporate accountability for waste pollution that arises once absolute duty is removed.