Vol 6, No 1 (2019)


DOI: http://dx.doi.org/10.38011/jhli.v6i1

The general election of 2019 was finished. The elected President and Vice president have officially served since 20 October 2019 ago. As in any period of government, all the policies of the President and Vice president following the ranks under it will be influenced by various interests that have come into the process of past elections.


Indonesian Environmental Law Journal / Jurnal Hukum Lingkungan Indonesia (JHLI) Volume 5 number 2 has photographed how the political dynamics that have existed and will occur affecting environmental policies and natural resources. JHLI Volume 6 Number 1 is re-photographing various environmental policies in Indonesia with the advantages and disadvantages of each of the following articles.


Still related to the policy of the moratorium on the oil palm, Adrianus Eryan, ICEL researcher in the field of forest and land raised the case of Issuance of Forest area release decree of PT Hardaya Inti Plantations in Buol, South Sulawesi. This decree was published only two months after the issuance of the Inpres No. 8 the year 2018 on the postponement and evaluation of licensing of oil palm plantations and increased productivity of oil palm plantations (oil Moratorium Inpres). This article is titled, " Dari Inpres Moratorium Sawit Hingga Kebijakan Tata Kelola Industri Sawit Presiden Jokowi: Studi Kasus Penerbitan SK Pelepasan Kawasan Hutan PT Hardaya Inti Plantations di Buol, Sulawesi Selatan."


The second article entitled " PLN vs. Energi Terbarukan: Peraturan Menteri ESDM terkait Penggunaan Sistem Pembangkit Listrik Tenaga Surya Atap " is the scriptures Modjo, an advocate in the field of energy and infrastructure. Suci Modjo Highlights regulatory issues relating to the use of the roof solar power system (PLTSA), which is claimed to be an environmentally friendly power source. Not only that, but Suci Modjo also criticized the authority of PLN, which has been considered as a state-owned mandated mandate of electricity.


Environmental management cannot be detached from the supervisory mechanisms, the imposition of sanctions, and its application. Without the good synergy of these elements, it is impossible to achieve the objectives of environmental protection and management. However, sometimes the government does not implement the right concept, so it does not infrequently cause ineffective consequences of purpose. For example, the implementation of administrative sanctions has been erroneous since its establishment in the regulation. Andri Gunawan Wibisana, a lecturer in environmental law at the Faculty of Law at the University of Indonesia in detail and firmly explained how this error had contributed to the weakening of administrative sanctions as the first and most important sanctions in preventing violations of environmental law. This third article is packed in the title of no less interesting, " Tentang Ekor yang Tak Lagi Beracun: Kritik Konseptual atas Sanksi Administratif dalam Hukum Lingkungan di Indonesia."


Still related to law enforcement issues, Azam Hawari, Deni Daniel, and Marsya Mutmainah Handayani working together in article writing titled " Reorientasi Penegakan Hukum Pidana Lingkungan Hidup melalui Perjanjian Penangguhan Penuntutan. " This fourth article discusses the concept of the postponement of prosecution agreement in the enforcement of environmental criminal law in Indonesia. Through this article, the authors discuss how the concept of the prosecution postponement agreement can be an alternative solution to the remediation-oriented law enforcement problem.


The last article titled, " Tanggung Jawab Negara dan Korporasi terhadap Kasus Impor Limbah Plastik di Indonesia (Perspektif Konvensi Basel dan Prinsip-Prinsip Panduan Bisnis dan HAM)", was written by Muhammad Busyrol Fuad, researcher ELSAM. Muhammad Busyrol Fuad discusses the problem of handling plastic waste imports in Indonesia, as seen from the Basel Convention review and the Guiding Principles.


In addition to articles, this journal also contains some reviews. Antonius Aditantyo Nugroho wrote the first review under the title " Analisis Putusan PTUN No. 7/G/LH/2019/PTUN.BNA antara Walhi melawan Gubernur Aceh atas Penerbitan Izin Pinjam Pakai Kawasan Hutan untuk Pembangunan PLTA Tampur".


The second review was written by Dalila Doman discussing regulations relating to coastal areas and small islands. This review was titled, " Kesesuaian Pengaturan Pemanfaatan Zona Migrasi Biota Laut dalam Peraturan-Peraturan Daerah dengan UU Pengelolaan Wilayah Pesisir dan Pulau-Pulau Kecil".


At the end of the word, editors thank the authors who have dedicated their time, effort, and mind to completing this article based on feedback from peer study and an editorial session. Editors also thank all members of the Editorial Council as well as the Bestari partners who have reviewed the articles in this edition of the journal. Editor JHLI Volume 6 Number 1 (October 2019) is pleased to receive criticism and input from various parties to improve the process, substance, or result of the articles contained in this journal.

Table of Contents


Adrianus Eryan
| abstract views: 344 | PDF (Bahasa Indonesia) downloaded: 270
Suci Modjo
| abstract views: 341 | PDF (Bahasa Indonesia) downloaded: 975
Andri Gunawan Wibisana
| abstract views: 973 | PDF (Bahasa Indonesia) downloaded: 991
Deni Daniel, Azam Hawari, Marsya Mutmainah Handayani
| abstract views: 316 | PDF (Bahasa Indonesia) downloaded: 270
Muhammad Busyrol Fuad
| abstract views: 535 | PDF (Bahasa Indonesia) downloaded: 931


Antonius Aditantyo Nugroho
| abstract views: 6394 | PDF (Bahasa Indonesia) downloaded: 1495
Dalila Doman
| abstract views: 162 | PDF (Bahasa Indonesia) downloaded: 245