The Anglo-Saxon System of Common Law and the Development of the Legal System in Indonesia

Budiono, Arief; Yuspin, Wardah; Nurani, Siti Syahida; Fairuzzaman, Fahmi; Pradnyawan, Sofyan Wimbo Agung; Sari, Siska Diana

doi:10.37394/23202.2023.22.21

Cited by 6 publications

(1 citation statement)

References 7 publications

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“…The efforts that can be carried out to respond to the factors on the lack of optimization of land utilization as mentioned above is by determining the direction of land utilization policies that is based on welfare, and not only depart from legal values (making sure of special laws on Agrarian Reform) [10], But it should also depart from morality values (making sure that the land management is based on the Maqasid al-Shari'ah theory so that it is according to the noble values of the Sharia, as well as regulations on society and civilization). These morality values are hoped to inhibit the human desire to deviate from legal regulations.…”

Section: Introductionmentioning

confidence: 99%

Abandoned Land Utilization for Food Security: A Welfare-Based Policy Approach in Indonesia

Bangsawan,

Absori,

Budiono

et al. 2024

IJSDP

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Concerning its land law system, Indonesia refers to Presidential Regulation No. 86 of 2018 on Agrarian Reform. As an organization of national power, the state must regulate the use of land solely for the prosperity of all components of the nation. Bringing benefit is the goal of Islamic law. Syatibi's Maqasid al-Shari'ah theory explained that God's main purpose in establishing the law is to bring benefits to human life. In this case, the law is linked to the management of abandoned lands and food resilience to achieve welfare. Land issues, especially those related to the availability of access to land and the utilization of wastelands, are crucial in Indonesia today because there are many abandoned lands that should produce food and increase the welfare of farmers. It is better if these abandoned lands are used to provide better food security. This research aims to describe the policy of abandoned land utilization and reformulate a welfare-based policy of abandoned land utilization management. This was normative legal research which used secondary data and library materials as the main data source. It used the statute and philosophical approaches. Research results showed that up to 2018, only 24,457,600 m 2 from 76,384,300 m 2 of abandoned lands were deemed clean and clear. There were 51,538,540 m 2 of abandoned lands that cannot function as supporters of agricultural productivity, although the optimization of these abandoned lands can help increase the currently depleting agricultural productivity in this country. Welfare-based policies in the utilization of abandoned lands in the context of food resilience is utilizing abandoned lands and giving them to farmers and stock farmers who have no land to bring benefit. This research on the policies and management in utilizing abandoned lands is crucial for the future to achieve the end goal of law application, namely bringing welfare to the Indonesian society.

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Section: Introductionmentioning

confidence: 99%

Abandoned Land Utilization for Food Security: A Welfare-Based Policy Approach in Indonesia

Bangsawan,

Absori,

Budiono

et al. 2024

IJSDP

View full text Add to dashboard Cite

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Implications of Citizen Lawsuits for Forest and Land Fires in Central Kalimantan Province from the Perspective of Environmental Justice

Setiawan,

Absori,

Wardiono

et al. 2023

Wseas Transactions on Environment and Development

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Forest and land fires in Central Kalimantan Province in 2015 caused a lot of losses in the aspects of health and the economy. Therefore, the community filed a citizen lawsuit at the Palangkaraya District Court in 2016, suing the Indonesian President, various Ministers, the Governor, and the Legislative House of Central Kalimantan. From the first level to the cassation level, the plaintiffs won the case. But then, a judicial review was carried out and the Supreme Court granted it. So, the Government was free from any charges. This research used a socio-legal research method with a case study approach. Decision No. 980 PK/PDT/2022 which granted the Substantial Government Review had not created justice for the community and the environment, even though it aimed to maximize benefits for the community. The lawsuit filed by civil society in the case of forest fires in Central Kalimantan in 2015 against the government was a citizen lawsuit. The community’s demands through the lawsuit aimed to uphold and protect the environment and ecocracy principles. Thus, the Supreme Court decision is considered to fail in representing the principle of substantive justice.

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The Challenges and Opportunities of Environmental Law Enforcement: A Systematic Review

Alauddin,

Arsad,

et al. 2024

Wseas Transactions on Environment and Development

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Introduction: The formation of environmental law in many countries worldwide will unavoidably be promoted and coordinated by the non-governmental environmental groups currently in the world. In addition, it will benefit some developing countries where environmental protection is not a priority, environmental laws are not well-established, and oversight is not rigorous enough. Objective of research: This paper aims to explore the challenges and opportunities of environmental law enforcement in many countries in the world. Methods: A systematic review was used in this study. Based on the Preferred Reporting Items for Systematic Reviews and Meta-Analyses, this study followed the steps of a systematic review of the literature (PRISMA). The final sample of 35 publications was analyzed, considering the year of publication, methods utilized, geographical location, the topic of challenges, and opportunities in enforcing environmental law. Responding to environmental crime is largely the responsibility of government enforcement and regulatory authorities, whether at the national, subnational, or municipal levels. Results and Discussion: The primary reaction agencies in most areas of the world are police, customs and border protection, and environmental regulatory agencies. To assist developing nations in improving environmental legal instruments and supervision; to achieve the ultimate goal of regional and even global environmental law coordination; to train relevant persons, relevant agencies, and other topics in the necessary environmental skills and knowledge; and to transfer and teach environmental knowledge and law within a specified time frame. Conclusion: Although some countries have a thorough legislative structure for environmental protection, local government independence and law enforcement must be improved. The ability of environmental law to serve a purpose is critical in determining whether the measures should be fully implemented.

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The Anglo-Saxon System of Common Law and the Development of the Legal System in Indonesia

Cited by 6 publications

References 7 publications

Abandoned Land Utilization for Food Security: A Welfare-Based Policy Approach in Indonesia

Abandoned Land Utilization for Food Security: A Welfare-Based Policy Approach in Indonesia

Implications of Citizen Lawsuits for Forest and Land Fires in Central Kalimantan Province from the Perspective of Environmental Justice

The Challenges and Opportunities of Environmental Law Enforcement: A Systematic Review

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