Peatland fires and deforestation are prominent environmental issues in Indonesia due to industrial and plantation activities. The Indonesian government is pressured to take mitigation measures to overcome the issue since there are legal obligations to do so. One of the climate mitigation strategies is by establishing a carbon market in which the entities will be assigned certain ‘permits’ on how much greenhouse gases (GHG) emissions can be emitted, and when they have exceeded their ‘permits’, they are allowed to buy ‘extra permits’ from the other entities who still have the spare. This market has been adopted by the European Union (EU) and other countries in Asia. Therefore, this paper aims to introduce the carbon market concept by taking into account its implementation in the EU, as well as analyse how the market can become one of the climate mitigation policies in Indonesia. The research uses a doctrinal methodology that involves an in-depth legal analysis of the regulatory framework related to the issue. The authors found that the market will enhance the REDD+ Project and projected to bring revenues. However, there are challenges due to the absence of technology and the number of stakeholders involved.
The green constitution concept in the Indonesian Constitution is the legal fundamental basis for environmental protection in implementing the national economy through public participation. The rationale for "public participation" as part of the rights of the International Covenant on Civil and Political Rights needs to be examined in Government Regulation instead of Law No. 2 of 2023 concerning Job Creation, passed into a legal act. This writing aims to analyze the components of public participation rights that the job creation act can potentially reduce, especially the provisions on the Environmental Impact Assessment (EIA) in enforcing the green constitution. This research is conducted based on normative legal research methods with statutory and conceptual approaches. The results of this research show that the rules for involving the community in preparing the EIA in the Job Creation Act differ from the green constitution principles in 2 (two) aspects. First, the limitation on community involvement in the Job Creation Act is potentially unconstitutional with the essence of the green constitution and the 1945 Constitution, which guarantees the right of public participation in the environmental field. Second, in the green constitution, the urgency of aspirations for public participation can become a consideration for making more transparent decisions in implementing an economy based on sustainable development. Restrictions on community involvement reduce the concept of a green constitution and potentially reduce the transparency in the granting of business permits in Indonesia which cannot mitigate the risk of environmental losses due to economic exploitation.
Tulisan ini bertujuan untuk mendeskripsi, memahami dan menganilisis omnibus law sebagai reformasi hukum investasi di Indonesia berdasarkan asas hirarki peraturan perundangundangan. Adapun dalam penulisan artikel ini menggunakan penelitian hukum normatif. Selain itu penulisan artikel ini menggunakan pendekatan teoritis dan yuridis. Hasil penelitian ini menunjukan bahwa dalam pembentukan omnibus law sebagai aturan yang mempermudah investasi Indonesia akan berlaku asas hirarki peraturan perundang-undngan. Kemudian ada beberapa urgensi pembentukan omnibus law dalam aspek investasi. Salah satunya teori negara kesejahteraan yang berlaku bagi Indonesia menjadi peran untuk meningkat perekonomian di bidang investasi melalui omnibus law dalam rangka mewujudkan amanat konstitusi indonesia yaitu memajukan kesejahteraan umum dan sebesar-besarnya sebagai kemakmuran rakyat Indonesia. (This paper aims to describe, understand and analyze omnibus law as a reform of investment law in Indonesia based on the hierarchical principle of laws and regulations. The writing of this article uses normative legal research. In addition, the writing of this article uses a theoretical and juridical approach. The results of this study indicate that in the formation of the omnibus law as a rule that facilitates Indonesian investment will apply the principle of a legislative hierarchy. Then there is the urgency of establishing an omnibus law in the investment aspect. One of them is the theory of the welfare state that applies to Indonesia as a role to increase the economy in the field of investment through the omnibus law in order to realize the mandate of the Indonesian constitution, namely to promote public welfare as much as possible as the prosperity of the people of Indonesia)
Carbon gas emissions that come from the use of non-renewable energy have a bad impact on the environment. So, comes the idea of transforming Novel Renewable Energy as the main energy source because it is more environmentally friendly. This is a challenge for Indonesian. Because Indonesia has the potential for Novel Renewable Energy which can be utilized as the main source of national energy security. For the proposal to be successful, it must be accompanied by qualified regulations. However, the problem today that Indonesia does not have specific independent rules regulating Novel Renewable Energy. The purpose of this paper is to analyze the potentials of Indonesian’s Novel Renewable Energy as an alternative to the main source of national energy security. Besides, it is also to analyze legal support so that the environmentally friendly Novel Renewable Energy optimization program has the right legal basis. The research method in this paper uses normative research methods. The research approach of this paper uses a conceptual approach related to Novel Renewable Energy. The results show that Indonesia has big potential for Novel Renewable Energy as the main source of national energy security. So the environment-friendly Novel Renewable Energy will be realized as a source of national energy security.
The social changes that occur in the contemporary era have resulted in the need for Islamic law to respond dynamically. This is because Islamic teachings that are inclusive should not be closed to the times. The actualization of Islamic teachings needs to be carried out in order to accommodate socio-cultural changes in the contemporary era that remain relevant to the guidelines of the Qur'an and Al-Hadits. The purpose of this article is to find out, understand, and analyze how socio-culture influences the actualization of Indonesian Islamic law in the contemporary era. The writing of this article uses a normative research method by examining all sources of library materials as primary materials to analyze the issues that are the topic of the study. The research approach in writing this article uses content analysis based on the correlation of the content of the source material that is in line with the problems of the study issue. The results of this article show that the actualization of Islamic law in Indonesia has actually been implemented in the past. However, in today's contemporary era, the actualization of Islamic law must not stop. Revolution Industry 4.0 as the main factor has influenced socio-cultural dynamics in terms of Economic, Social, Cultural, Moral, increasingly modern technology. Efforts are needed to actualize relevant Islamic teachings in responding to the development of these factors, considering that the available Islamic law does not necessarily accommodate the current problems. The results of the re-actualization of Islamic teachings have urgency for the positivization of law in Indonesia, especially in 1 Pada tahun 2021 tercatat penduduk muslim terbanyak di dunia ada di Indonesia sebanyak 231.000.000 jiwa. Disusul dengan pakistan sebanyak 212.300.000 jiwa dan India sebanyak 200.000.
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