Land Dispute Resolution: Village Deliberation and Consensus to Establish Public Order

Land disputes are common in society, and the village head, as witnessed by the family, resolved the matter in congruent with the parties' will and good intention. Purpose to investigate the arrangement of land dispute resolution in Indonesia; and to investigate its application through consensus deliberation in villages to realize public order. Methodology an socio-legal approach, involving primary data gathered from the interview. Furthermore, the study was also conducted in Kuningan Regency. Findings in Indonesia, land disputes resolution have been completely regulated, ranging from laws to derivative regulations and is carried out through community discourse and consensus. However, deliberation method is more common than going to the court. The deliberations include bringing the parties together; if peace arrangements can be made, they will be made. It can, however, only function optimally if both sides (the family and the community) agree to deliberate. The method is thought to be more efficient in terms of time, cost, and mechanism.  Conclusion in the village, there are two procedures for resolving land conflicts through consensus deliberation: mediation and family negotiation. Recommendation at the village level, it is critical to provide a legal framework for deliberation so that the outcomes are more equitable and mutually beneficial to all partie

The Role of Village Government In Overcoming Environmental Pollution Caused by Tofu Factory Waste

Environmental problems cannot be separated from human activities themselves which cause damage to nature and has very broad consequences for human and animal life. Environmental damage is caused by a business that is only concerned with profits, ignoring the consequences of its production which can pollute the surrounding environment. The research method used by the author in studying this problem is normative juridical. using a statutory approach. The problem that occurred in this study was the emergence of a pungent odor and damage to the irrigation river ecosystem caused by this tofu factory waste. And there is no business permit or environmental permit from the tofu factory. The issues raised are 1. What is the role of the Village Government in dealing with environmental pollution caused by this factory waste? 2. What are the Pesa Government's efforts regarding environmental pollution caused by tofu factory waste. In conducting this research the authors used a normative juridical research method. The results showed that the role of the village government in overcoming environmental pollution caused by tofu factory waste generally has 3 roles, namely as a facilitator, motivator, and mediator. Such responsibility is limited to a formal existence. However, it must still refer to the provisions stipulated in Law Number 32 of 2009 concerning PPLH and Regional Regulation 11 of 2019 concerning the Nganjuk PPLH. Permits are a juridical instrument used by the government as a system for managing conditions in people's lives that must be obeyed by all people to control activity so that their business has strong legality. By completing a business permit and environmental permit, the business complies with the la

The Effectiveness of the Implementation of Occupational Health and Safety (OHS) in Indonesian Medical Personnel During the Covid-19

This journal explains the effectiveness of legal protection for medical personnel, especially in implementing Occupational Safety and Health during the COVID-19 period. The number of COVID-19 cases that continue to develop in Indonesia certainly affects the implementation of OHS for medical personnel. Various problems also emerged in the first year of the spread of COVID-19, from medical personnel, instruments, and components supporting the implementation of OHS and the condition of COVID-19 in Indonesia. OHS accommodation for medical personnel has been listed in various laws and regulations in Indonesia. In this study, the author uses socio-legal legal research methods. The final result of this research is a study of the legal conditions of the laws and regulations governing the implementation of OHS for medical personnel in Indonesia, accompanied by various cases. This conclusion of the article provides the effectiveness of the implementation and compliance of das sollen and das sein law in Indonesia, especially regarding accommodating the implementation of Occupational Health and Safety (OHS) in accordance with legal regulations. With this issue, there is a need for synergy among the government, hospitals, healthcare workers, and relevant parties to ensure the implementation of OHS protection for medical personnel dealing with COVID-19 and the potential new mutated viruses emerging in Indonesia

Legal Responsibility for Environmental Damage Caused by Russian and Ukrainan Wars: International Humanitarian and Criminal Law Perspectives

Not only inflicted human casualities, the war between Russia and Ukraine, also injured the environment. Russia's discriminating attacks on essential objects such as gas, energy, oil, and mining infrastructure become the most significant root cause. UNEP affirmed that the attacks resulted in widespread water, soil and air pollution, as well as a significant deterioration in Ukraine's ecosystem stability. Accordingly, the study intends to examine the framework of international humanitarian and criminal law, specifically in terms of enviromental protection, as well as to analyze accountability before the International Criminal Court. The study employed doctrinal method involving a statutory and conceptual approach. In this case, relevant legal instruments such as the 1949 Geneva Conventions and their Additional Protocols,  as well as the Rome Statute, were being examined. Furthermore, the study is also certified by the evolution of legal doctrines in books, jounals, and other credible sources. According to the findings,  humanitarian law, which is underpinned by customary international law,  protects the environment slightly better than international criminal law. In short, the state bears multiple duties for environmental damage caused by the outbreak of war. Individual accountability before the ICC, on the other hand, is being overlooked. It is due to the Rome Statute's flaws, which include vagueness in the formulation of the articles,  stringent standards for proof of environmental damage, and bias in proving mens rea. As a result, improvements in the enforcement of international crimes (war crimes and related types) that cause environmental damage are urgently require

Regulation of Physical Data on Land Destroyed by Natural Disasters

Natural disaster has a multifaceted impact on the environment, the land for instance. The demolition of land boundaries and the loss of legal footing ownership intricate problem surrounding reconstruction. Not to mention the massive losses suffered by citizens as a result of natural disasters that exacerbate the situation. The study employed socio-legal method, referring to library sources such as books, journals, statutory regulations and literature reviews. According to the findings, tangible data on destroyed land caused by natural disaster is fairly organized. Furthermore, the legal position of land rights affected by an earthquake is not removed; nonetheless, the abrasion-caused is discarded. Accordingly, the government, notably the National Land Agency, should create regulations that control and streamline the procedure for victims who have lost their civil rights, land boundaries-disaster that have been lost or cannot be recognize

The Implementation of Land Rights Relinquishment Policy for Green Open Spaces

The increased demand for decent housing at affordable prices has provided opportunities for housing development with government subsidies, or well known as LIC/MBR housing. Low-Income Communities (LIC/MBR) are people who have limited purchasing power, so they need government support to buy housing. This study discusses the importance of land rights relinquishment for green open space so that developers are not only concerned with economic value but also social functions for a green, conducive, and flood-free environment. This study applied a normative juridical research method with analytical descriptive specifications and used secondary data as the main data. Developers’ obedience to providing green open space will have a positive impact including the maintenance of the housing environment and the fulfillment of green open space in Demak Regency. Thus, by relinquishing the land rights, the green open space cannot be converted as it has been relinquished to the state

Local Government Policies in the Management of Coastal and Marine Resources Through Community Participation

Natural resources have a significant role in supporting national development as a good natural resources management will generate foreign exchange for the country. This study aims to analyze the local governments’ and communities’ efforts in utilizing and managing coastal and marine resources as well as to find out the inhibiting factors in the utilization of coastal and marine resources to achieve environmental sustainability. The method used in this study was normative juridical research method, in which the study was carried out by examining and interpreting theoretical matters on principles, conceptions, doctrines, and legal norms relating to the management of coastal and marine resources. Meanwhile, the data analysis used was a juridical-qualitative analysis, where the analysis describes descriptive-analytical and prescriptive. The qualitative analysis, that is descriptive and prescriptive in nature, was carried out by ensuring that laws do not conflict with one another, paying attention to hierarchy and legal certainty, and examining both written and unwritten laws. Then, the type of data used in this study was primary legal materials in the form of laws and regulations. The results of the analysis showed that the management of coastal and marine resources must be carried out collaboratively between all parties to create an environmental sustainability-based management, and a synchronization and harmonization of legal products made by the central and local governments is needed to realize an optimal management of coastal and marine resources

Tourism Law Enforcement in Regional Spatial Planning and Licensing Perspectives

The increasing development of the tourism sector in Kuningan Regency reflects the progress and development of the area. By looking at the licensing and spatial planning perspectives, a study on the development of the tourism sector in Kuningan Regency is needed. Hence, this study aims to analyze tourism licensing mechanism and tourism law enforcement concerning spatial planning and licensing in Kuningan Regency. This study applied an empirical juridical research method in which the primary and secondary data used were collected through interviews, observation, and literature study. As result, it was found that the licensing mechanism for tourism development in Kuningan Regency is divided into two categories, namely licensing carried out at the Investment Agency and One-Stop Integrated Service and the Gunung Ciremai National Park Office. It is because Kuningan Regency has an area included in the National Park zone, so the licensing process should directly go to the Ministry of Environment and Forestry. Preventive law enforcement efforts have been carried out by law enforcement officers, including drafting legal opinions, holding meetings, as well as avoiding violations during the licensing process. Thus, it can be concluded that the policy and the implementation of law enforcement in the licensing and spatial planning for tourism development in Kuningan Regency are carried out well by the Regional Government and law enforcement officers. Yet, a renewal on Kuningan Regency Regional Regulation on a Detailed Spatial Planning as a basis for determining licenses is needed

Bioremediation in Upstream Oil and Gas Enterprises: Indonesian Environmental Law Perspectives

There have been changes in environmental management since the enactment of Law Number 11 of 2020 on Job Creation, particularly in bioremediation─upstream oil and gas Enterprises. It is intriguing since the process includes natural way of cleansing tainted oil in the water without harming the ecosystem. The study aims to examine the implementation of bioremediation in upstream oil and gas activities under Indonesian environmental law. The study also employed a normative juridical or doctrinal approach. According to the findings, bioremediation is being carried out under a profit-sharing contract with SKK Migas (Special Working Unit for Upstream Oil and Natural Gas Business Activities) acting as the implementing agency. The legal relationship position of an oil and natural gas mining company, specifically in bioremediation, is in the government and corporate accountability to carry out the program, referring to production sharing contracts─cooperation contracts and applicable statutory provisions. To summarize, all parties, including national and regional governments, communities, and oil and gas companies, must implement ecologically friendly protection such as bioremediatio

Judges’ Considerations in Deciding Mangrove Timber Smuggling Cases

Mangrove forests in Indonesia constitute 23% of the world’s mangrove ecosystem. This has an impact on the high rate of mangrove production in Indonesia which triggers export smuggling. In fact, the prohibition on export smuggling has been regulated in Article 102A letter e of the Customs Law. Accordingly, this study aims to analyze the judges’ considerations in deciding mangrove export smuggling cases. This doctrinal legal research applied a case approach and used secondary data obtained from library materials through literature study. The collected data were then analyzed deductively. Analysis of the verdict on mangrove export smuggling cases found that the judges’ considerations had paid attention to the preservation of natural resources, but were not yet oriented towards the preservation of mangrove ecosystem, and the penalties applied were still minimum