Environmental Impact Assessment (EIA) serves as a legal instrument to evaluate the major effects of proposed businesses or activities and implement preventive measures to mitigate potential environmental impacts. Beyond being a prerequisite for environmental permits, EIA provides decision-makers with a basis for approval while incorporating the precautionary principle. Following the enactment of Law No. 6 of 2023, which formalizes Government Regulation in Lieu of Law No. 2 of 2022 on Job Creation, the precautionary principle is applied only to high-risk activities, limiting its broader role in environmental protection. This study employs a normative juridical approach to assess whether current Indonesian legislation aligns with environmental law principles. Findings indicate that post-Job Creation Law, the precautionary principle is restricted to activities with significant risks and uncertain scientific outcomes, highlighting the need for its wider application across all business activities to support sustainable development that balances economic, ecological, and socio-cultural interests.

Addresses the urgent need for a legal framework to regulate rock mining in the geologically fragile Palu–Donggala coastal region, where exploitation often conflicts with the constitutional Right to a Good and Healthy Environment (Article 28H of the 1945 Constitution). It examines the failure of local governments to fulfill their obligation to protect citizens’ rights and the ineffectiveness of existing sanctions. Using a normative legal (juridical-normative) method with constitutional, progressive human rights, and conceptual approaches, the research analyzes ius constitutum and ius constituendum through doctrinal interpretation. The research formulates the Dual Liability Model, which holds corporations financially accountable for ecological losses and local governments legally responsible for rights violations. This model promotes the use of Environmental Carrying Capacity (ECC) as an absolute veto in licensing, ensuring stronger environmental governance and effective restoration of citizens’ rights in disaster-prone regions..

The extensive legal framework governing maritime law enforcement in Indonesia has inadvertently created a proliferation of institutions with overlapping authorities and divergent jurisdictional interpretations, resulting in institutional silos that undermine coordinated operations and reduce enforcement effectiveness. Focusing on Ternate City’s waters, this research uses empirical legal research and descriptive qualitative analysis to examine these challenges and their implications, including the risk of inter-agency disputes and strained cooperation. It finds that six agencies—the Indonesian Navy, Bakamla, KPLP, the Directorate General of Customs and Excise, Polair, and PSDKP—exercise jurisdiction in the same maritime zones, generating complexity and confusion among stakeholders. Without clear coordination, enforcement becomes inefficient and potentially compromises national maritime security and economic interests. Therefore, a comprehensive strategy to harmonize mandates and strengthen inter-agency coordination is essential to ensure effective and cohesive law enforcement across Indonesian waters..

This research examines the legal implications of changing the nomenclature from “environmental permits” to “environmental approvals” in Indonesia’s environmental licensing law. Moving beyond a conventional public law focus, it highlights the role of private law instruments in advancing climate change mitigation and adaptation. The core question addressed is whether this terminological shift aligns with the principles of ecological justice and how environmental licensing law should be reconstructed to uphold these values. Using a doctrinal legal research method, the analysis integrates statutory, conceptual, and philosophical perspectives, employing techniques of interpretation and construction. The findings indicate that while certain reforms under the Job Creation Law support ecological justice, others undermine it. The research concludes that the current framework requires comprehensive reconstruction to more effectively embody ecological justice and strengthen climate action.

This manuscript presents a comparative analysis of environmental permitting frameworks in Indonesia and Malaysia, specifically focusing on their application to large-scale development initiatives, particularly National Strategic Projects (PSN) . As developing economies, both nations grapple with the imperative of balancing economic growth with environmental sustainability. This study employs a comparative juridical–normative approach, drawing on statutory frameworks, secondary literature, and policy documents from Indonesia and Malaysia. Additionally, this study examines the legal and procedural aspects of environmental impact assessment [Analisis Mengenai Dampak Lingkungan (AMDAL) in Indonesia and Environmental Impact Assessment (EIA) in Malaysia], highlighting key similarities and differences in their approaches. While both countries possess established legislative frameworks for environmental protection, Indonesia’s accelerated permitting for the PSN, commonly facilitated by the Online Single Submission system, has drawn criticism for potentially compromising environmental safeguards and exacerbating social and environmental conflicts. Conversely, Malaysia relies on its more standardized EIA process for major projects, although it faces challenges in ensuring effective enforcement and public participation. The analysis demonstrates that despite distinct regulatory evolutions and implementation strategies, both nations share common struggles in mitigating the adverse environmental and social consequences of rapid development. The findings underscore the urgent need to strengthen environmental governance, enhance transparency, and promote meaningful stakeholder engagement to foster genuinely sustainable development pathways in Indonesia and Malaysia.

The management the mining sector is under the state’s authority as mandated by the Indonesian Constitution. The principle of Hak Menguasai Negara (State’s Right to Control) grants the state comprehensive authority over mining activities, including policy-making, licensing, and supervision. However, decentralization policies have shifted the balance of power between central and regional governments. This paper analyzes the legal and policy frameworks governing this division of authority, focusing on the role of local governments. Employing normative legal research through the examination of statutes and legal principles, the research finds that the centralization of mining permits under Law No. 3 of 2020 has significantly diminished local governments’ authority, resulting in governance inefficiencies and economic imbalances. The paper further explores asymmetric decentralization as a potential approach to harmonize state control with meaningful local government participation.

The ongoing debate over the single bar system for advocate organizations in Indonesia, which remains unresolved in the Draft Law on Amendments to the Advocate Law. Using a normative juridical method with philosophical, comparative, and conceptual approaches, the research analyzes the single bar concept through the lens of Pancasila as the foundation of the rule of law and legal objectives. Findings reveal legal uncertainty and disharmony in implementing the single bar model. While a single bar can strengthen advocates’ roles through standardized ethics and competence, challenges include resistance from existing organizations, maintaining advocate independence, and defining state supervisory roles. The research argues for inclusive, transformative regulations aligned with Pancasila values to balance professionalism and freedom within the legal profession. It concludes that responsive legal politics is essential to clarify the single bar framework in the Advocate Law revision..

The omnibus law is a legislative technique designed to streamline regulations by consolidating diverse legal norms into a single statute. In Indonesia, this method has been adopted through the Job Creation Law to enhance legislative efficiency and stimulate economic growth. However, its implementation has raised concerns regarding constitutional democracy, public participation, and adherence to the rule of law as articulated in the 1945 Constitution. This article explores the tension between regulatory efficiency and democratic principles within Indonesia’s constitutional framework. Key issues include limited public engagement, potential infringements of constitutional rights, and the erosion of checks and balances in the legislative process. Using a normative and comparative approach, the research concludes that while the omnibus law offers potential for regulatory reform, its application must be grounded in democratic values, transparency, and social justice to uphold the rule of law.

This research focuses on an ideal model of mediation implementation that may be applicable as a strategy to increase the success of litigation on the License to Open State Land (LOSL). The research method is normative juridical research with a statutory and conceptual approach, using futuristic interpretation. As a regional government administrator, the Balikpapan Municipality Government has the authority to manage its own land sector. One of these authorities is realized through the implementation of the LOSL, which is organized through the Land and Spatial Planning Agency and the sub-district of Balikpapan Municipality. The implementation of the LOSL program within Balikpapan Municipality is inevitable due to the probability of disputes or disagreements. In accordance with this, the Balikpapan Municipality Regulation of LOSL and the Regulation of LOSL Implementation allow for the possibility of resolving LOSL disputes through mediation and/or litigation. Furthermore, although the settlement of LOSL disputes is expected to be resolved through mediation, its success rate has decreased since 2021. One constraining factor is the parties' low level of trust in the government. As a result, based on the above research, three ideal mediation models can be implemented to improve LOSL dispute resolution. These models are assumed to be a solution to the decreasing success rate of LOSL dispute resolution in Balikpapan Municipality. They are considered to increase society's trust in mediation as an inexpensive, fast, and simple alternative dispute resolution.