Jurnal Hukum Lex Generalis https://ojs.rewangrencang.com/index.php/JHLG <p>A Home Made Journal for Law Enthusiast</p> en-US jhlg@rewangrencang.com (Ivan Drago, S.H.) isverindonesia@gmail.com (Okta Zeruya Samdra Pandapotan Nainggolan, S.H.) Sun, 28 Nov 2021 01:47:02 +0000 OJS http://blogs.law.harvard.edu/tech/rss 60 Law Settlement Model Of Mangrove Forest Clearing Criminal Actions In Mandah, Indragiri Hilir District Riau Province https://ojs.rewangrencang.com/index.php/JHLG/article/view/75 <p><em>Mangrove forests play a role in maintaining and preserving the life of flora and fauna that live on the coast. The crime of cutting down Mangrove forests in Mandah Sub-district, Indragiri Hilir Regency, is often carried out by the local community on a regular basis and illegally. The method used in this writing is juridical-sociological. The settlement of the criminal act of logging Mangrove forests in Mandah is usually resolved by the application of customary law, because Mandah is a remote area far from access to formal justice, with high costs (means of transportation using sea transportation) and limited reach of police services to make customary law more effective. used instead of formal law.</em></p> Erdianto, Ferawati, Imam Aliani Putra Copyright (c) 2021 Jurnal Hukum Lex Generalis https://creativecommons.org/licenses/by-sa/4.0 https://ojs.rewangrencang.com/index.php/JHLG/article/view/75 Sun, 28 Nov 2021 00:00:00 +0000 The Development of Tampur-1 Hydro Electric Power Related To Greenhouse Gas Emissions and Verdict Number 7/G/LH/2019/PTUN.BNA https://ojs.rewangrencang.com/index.php/JHLG/article/view/142 <p><em>The Hydroelectric power plant is presented with scientific developments that determine that hydropower is a source of Greenhouse Gas (GHG) emissions. WALHI sued the IPPKH which was issued for the construction of the Tampur-I hydroelectric power plant. Based on research with a normative juridical approach, hydropower as a source of GHG has not been inventoried, so its existence in Baku Mutu Emisi and in the AMDAL is not found. Then against WALHI's lawsuit, the decision of the Banda Aceh State administrative court No.7/G/LH/2019/PTUN.BNA which is in accordance with the law is able to become a forest protector in Aceh when the licensing&amp;AMDAL instrument failed.</em></p> Moch. Daffa Syahrizal Copyright (c) 2021 Jurnal Hukum Lex Generalis https://creativecommons.org/licenses/by-sa/4.0 https://ojs.rewangrencang.com/index.php/JHLG/article/view/142 Sun, 28 Nov 2021 00:00:00 +0000 Supervision Mining System : Reconstruction Of Supervision Of Socially Equitable Upstream Oil And Gas Sector In Indonesia https://ojs.rewangrencang.com/index.php/JHLG/article/view/161 <p><em>The principle of people's welfare is implied in the fifth precept of Pancasila which reads "social justice for all Indonesian people". Pancasila is the philosophy of the state (Philosofische Gronslag) and a state policy that contains fundamental values that are the basis for the achievement of the Indonesian state. The state ideal contained in the preamble of the 1945 NRI Constitution shows the characteristics of the welfare state (Welfare State) that mandates the State to be responsible for the welfare of the people. This is confirmed in Article 33 of the 1945 NRI Constitution that the earth's water and natural wealth in it are controlled by the State and used as much as possible for the welfare of the people. The article then becomes a constitutional foundation as well as the direction of arrangements in the management of natural resources based on social justice to provide real added value to the national economy.</em> <em>As well as Oil and Gas (Migas) is a strategic natural resource as well as a vital commodity that controls the lives of many people and has an important role in the national economy so that its managers must provide prosperity and welfare of the people. One of the upstream oil and gas business activities that have an important role as a driver of the national economy is the upstream oil and gas sector. The upstream oil and gas sector will provide significant benefits if managed and supervised properly. In order to carry out these supervisions, the government established the Oil and Gas Implementing Agency (BP Migas) as the power holder of the upstream oil and gas sector.</em> <em>But after the issuance of the Constitutional Court decision No. 36 / PUU-X / 2012, BP Migas was dissolved because it was considered unconstitutional. As a result of the law in 2013, the Government established SKK Migas to carry out upstream management of Oil and Gas. But the existence of SKK Migas in practice does not guarantee the creation of more effective upstream oil and gas supervision. The disproportionate soaring cost recovery shows the weakness of SKK Migas in conducting supervision and control of the upstream oil and gas sector. Therefore, an effective supervision system is needed to increase the productivity of the upstream oil and gas sector and national welfare. Based on these problems, the author initiated a supervision mining system which is a new model of supervision that is ideal to accommodate the implementation of upstream oil and gas business activities based on the value of social justice.</em></p> Nabila Aulia Rahma, Juan Maulana Alfedo, Liavita Rahmawati Copyright (c) 2021 Jurnal Hukum Lex Generalis https://creativecommons.org/licenses/by-sa/4.0 https://ojs.rewangrencang.com/index.php/JHLG/article/view/161 Sun, 28 Nov 2021 00:00:00 +0000 Strengthening The Eradication Of Illegal Trading Wildlife In Indonesia https://ojs.rewangrencang.com/index.php/JHLG/article/view/135 <p><em>Indonesia is a country with the highest animal wealth in the world. However, the wealth of these animals is threatened by the wildlife trade. Therefore, law enforcement for wildlife trade is carried out. However, the perpetrators develop their modus operandi to deceive law enforcers, one of which is through cross-state jurisdictions. The results of this study indicate that the urgency of strengthening cross-border cooperation in eradicating wildlife trade is due to the high potential for biodiversity in Indonesia, accompanied by high cases of animal trafficking, law enforcement that has not been optimal, and problems in regional and international cooperation in eradicating wildlife trade. illegally wild. Then efforts that can be made to strengthen this cooperation are by improving the provisions in CITES, improving the governance of CITES authorities in Indonesia and strengthening cooperation between countries in the ASEAN region.</em></p> Rizki Zakariya Copyright (c) 2021 Jurnal Hukum Lex Generalis https://creativecommons.org/licenses/by-sa/4.0 https://ojs.rewangrencang.com/index.php/JHLG/article/view/135 Sun, 28 Nov 2021 00:00:00 +0000 Deconstruction Of Forestry Police Authority As An Effort To Minimize The Criminal Act Of Burning Forests Covertly https://ojs.rewangrencang.com/index.php/JHLG/article/view/156 <p><em>Deforestation conditions in Indonesia reached a level of concern. Forests are often burned to open land for the construction of factories or gardens so that there is a transfer of functions that reduce land productivity and reduce the number of forests continuously. These conditions if continuously occur will certainly threaten the sustainability of forests as the heart of nature and cause negative impacts such as floods and landslides. The law prohibits illegal forest burning activities but is ruled out to local communities such as indigenous peoples who burn forests for collective interests rather than profit. The exclusion of vulnerable norms is exploited by irresponsible individuals. Through the provision of the ability to burn forests by local communities, corporations abuse the provision to open land for business activities.</em> <em>On the other hand, the Forestry Police as the institution responsible for forest sustainability does not have the capability to crack down because there is no special authority for the Forestry Police to map and analyze whether a forest fire that occurs is a natural event, done purely by local communities, or is a deliberate burning by corporations by utilizing local communities. Juridical issues in essence become upstream problems related to the criminal act of burning the veiled forest. So in this paper, the author tries to analyze the position and authority of the Forestry Police in cracking down on forest burning criminal acts covertly and recommends the expansion of the main duties and functions of the Forestry Police as a forest rescue strategy for the sustainability of Indonesia's environment for the foreseeable future.</em></p> Syanindita Nirna Ingtias, Fazal Akmal Musyarri Copyright (c) 2021 Jurnal Hukum Lex Generalis https://creativecommons.org/licenses/by-sa/4.0 https://ojs.rewangrencang.com/index.php/JHLG/article/view/156 Sun, 28 Nov 2021 00:00:00 +0000