Vol 5, No 2 (2019)


DOI: http://dx.doi.org/10.38011/jhli.v5i2

The momentum of the 2019 General Elections is a means for us to re-evaluate the policy choices taken by the government and notes for improvement after the change of government period. The moment for the highest leadership turnover in Indonesia will change the organizational structure and stakeholders, at least in several sectors.

The Indonesian Journal of Environmental Law/ Jurnal Hukum Lingkungan Indonesia (JHLI) Volume 5 Number 2 portrays how the political dynamics that have and will occur effect of environmental policies and natural resources in his articles. Besides, this edition also includes reviews of current legislation and books related to the theme.

In 2018, a glimmer of hope had been issued for environmental recovery, namely Presidential Regulation Number 77 of 2018 (Perpres 77/2018) concerning Management of Environmental Funds. The birth of Perpres 77/2018 can be considered as one of the implementations of the seventh Nawacita. Unfortunately, the Perpres has been criticized for having the potential to deviate from the principle of paying polluters. Critics of this Perpres can be read in the first article entitled "Actualization of Environmental Fund Management in Indonesia: Preventing Deviations from the Principle of Paying Pollution and Earmarking" by Adryan Adisaputra Tando and Theresia E.K. Hindriadita.

Reiterating his "partiality" to the environment, the President also issued Presidential Instruction No. 8 of 2018 (Inpres 8/2018) concerning Delays and Evaluation of Licensing and Increased Productivity of Palm Oil Plantations. The issuance of Presidential Instruction 8/2018 aims to improve the chaotic cross-licensing of oil palm plantations. However, is it true that this Presidential Decree is a green policy as the theory of green politics? It's is examined more deeply in the second article entitled "Jokowi's Palm Moratorium in the Perspective of Sustainable Development Policies in the Style of Green Politics" by Sekar Banjaran Aji.

However, there are also criticisms of the frequent occurrence of legal relativism in environmental protection and management policies. This legal relativism poses a problem, at least on the perspective of environmental ethics, in the implementation of environmental protection and management tasks. Further studies on this subject can be read in the third article entitled "An Ethical Review of the Phenomenon of Legal Relativism in the Case of a Cement Factory in Rembang" by Raynaldo Sembiring.

Political dynamics cannot be separated from the resulting policies. This can be seen from the trend in the content of laws and regulations in the forestry and land sectors. The relationship between political interests and the resulting legal products can be seen from the government's support for the existence of indigenous and tribal peoples in forest and land areas that often cause conflicts. This study can be read more deeply in the fourth article entitled "Legal Politics in Forest and Land Areas for Indigenous and Legal Communities" by Destara Sati.

Political intervention on the law in the right portion certainly has a positive impact on the purpose of the issuance of the law itself. The issue of violations in the use of forest area utilization that has occurred for decades began to get a bright spot. The results of the identification of the arena of action that occurred during the last three years indicate the existence of innovations in problem-solving, the openness of decision making, and flexibility of action by conditions on the ground. One good practice can be seen in the Revitalization of the Tesso Nilo Ecosystem (RETN) in Riau Province in overcoming the problem of violations in the use and utilization of forest areas. Learning in balancing the interests of the state with society can be seen in the closing article entitled "Overcoming Institutional Issues in Natural Resource Management (PSDA)" by Prof. Hariadi Kartodihardjo and Chalid Muhammad.

In addition to articles, this journal also contains several reviews under environmental law issues that have existed in recent years. The first comment is related to the controversy over the permissibility of changing the designation and function of the core zone. As stipulated in the Minister of Maritime Affairs and Fisheries Regulation: No. 3 /PERMEN-KP/2018 concerning Procedures for Changing Allocation and Function of Core Zones in Conservation Areas in Coastal Areas and Small Islands for Exploitation (KKP Ministerial Regulation No. 3 of 2018). This review was written by Angela Vania Rustandi.

There is also a review of the book "Struggling for Air: Power Plants and the War on Coal" by Richard L. Revesz and Jack Lienke, "written by Fajri Fadhillah. This book tells about air pollution control efforts that are dominated by coal-fired power plants in their electricity systems.

In closing, JHLI Volume 5 Number 2 also re-issued an analysis of Government Regulation No. 24 of 2018 (PP 24/2018) concerning Electronic Business Licensing Licensing Services or also known as Online Single Submission (OSS), which has been submitted in the ALSA English Scientific Writing Competition.

Table of Contents


Adryan Adisaputra Tando, Theresia E.K. Hindriadita
| abstract views: 209 | PDF (Bahasa Indonesia) downloaded: 292
Sekar Banjaran Aji
| abstract views: 160 | PDF (Bahasa Indonesia) downloaded: 189
Raynaldo Sembiring
| abstract views: 119 | PDF (Bahasa Indonesia) downloaded: 196
Destara Sati
| abstract views: 153 | PDF (Bahasa Indonesia) downloaded: 160
Hariadi Kartodihardjo, Chalid Muhammad
| abstract views: 115 | PDF (Bahasa Indonesia) downloaded: 137


Angela Vania Rustandi
| abstract views: 39 | PDF (Bahasa Indonesia) downloaded: 99
Fajri Fadhillah
| abstract views: 44 | PDF (Bahasa Indonesia) downloaded: 61
Arya Rema Mubarak
| abstract views: 220 | PDF (Bahasa Indonesia) downloaded: 213