Judicial Review of the Obligation to Have an Approval Letter for Sailing in the Crime of Sailing in Indonesia

Shipping is controlled by the state and carried out by the Government. Sailing approval letter can be given by a Harbor Master to the ship user or owner if the ship has fulfilled several important requirements. The aim of research is to find out how the obligation a sailing approval letter is regulated and what the legal consequences of not having a sailing approval letter are. Research methods used a normative juridical method with analytical descriptive specifications. The results of the research found that ship sailing is required to have a Sailing Approval Letter issued by the Harbormaster as stated in article 219 paragraph (1) of Law Number 17 of 2008 concerning Shipping. Meanwhile, the legal consequences if you do not have a letter of approval from the harbormaster will be threatened with imprisonment and find as regulated in Article 323 Paragraph (1) of Law Number 17 of 2008 concerning Shipping and Law Number 8 of 1981 concerning Criminal Procedure Law, as well as statutory regulations

Implementation of Precautionary Principles in Environmental Impact Assessment (EIA) in Indonesia

This article aims to find out about the implementation of the precautionary principle in environmental impact assessment (EIA). The method used in this article is a normative research method. The results obtained from this research are that in terms of environmental approval requirements in Indonesia, one of the requirements is EIA. In the process of preparing EIA, implementation, as well as monitoring and evaluation, all stages require the principle of caution in their implementation. Permits issued by the government should not cause harm to the community as the holder of the highest state power. In EIA there is an obligation to examine the opinions of people who are directly affected by an activity. This is a form of implementing the precautionary principle, but there are still weaknesses in it. EIAs that have passed the assessment must also continue to monitor, evaluate and be evaluated by the government so that the risks arising from an activity can still be monitored for solutions. In this way, the precautionary principle can be implemented from planning to implementation

Green Investment as A Guarantee to Protect the Indigenous People’s Rights

Investment opportunities are opened as widely as possible to achieve community welfare, including land use mechanisms. However, this endangers the existence of Indigenous People's rights. Indigenous People have limited access to their lives and livelihoods through land use. Therefore, measures are needed to ensure the protection of Indigenous People's rights in line with investment implementation. This research aimed to identify and analyze the concept of green investment and the implementation of green investment as an effort to ensure the protection of the rights of Indigenous People. This research was normative juridical research with a statutory approach and concept approach. The data used was secondary data obtained from a literature study. The results showed that green investment focuses on how environmental balance is maintained amidst the implementation of investments. The concept of green investment in the land sector was realized by the division of land functions, the use of land in line with regional spatial plans, and the application of environmental insight in land use. In addition, the application of green investment could be a method to protect the rights of indigenous people and ensure the sustainability of economic growth

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

The Regulation of Legal Responsibility: Illegal Logging Perpetrators in Indonesia and Nigeria

The study aims to analyze the offenders of illegal logging in Indonesia and Nigeria from its legal liability regulations. The study employed an socio-legal approach involving literary analyses on legal materials used─the statutory regulations, scientific journals and other pertinent documents. The results shows that legal responsibility for illegal logging perpetrators  in Indonesia are under the Law on Forestry, the Law on Prevention and Eradication of Forest Destruction, and the Law on Cipta Kerja. In Nigeria, it is governed by several states, such as the Edo State Forestry (Amendment) Law 2002; Cross River State Forestry Commission Law 2010; and Taraba State Forestry Law 2010. Finally, the legal responsibility for illegal logging has been established in both countries.  Accordingly, the indonesian government is suggested to disseminate the latest laws and regulations, so that the public and corporations are aware of them. Meanwhile, Nigerian government is expected to immediately issue nationwide legislation on illegal logging, so that law enforcement is not relied solely on the requirements of each stat

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