Alauddin Law Development Journal

Environmental Destruction As A Weapon of War: A Human Rights and Humanitarian Law Perspective

Aji Baskoro — Sat, 29 Mar 2025 00:00:00 +0000

Environmental destruction as a war tactic poses significant challenges under international law. This study explores the intersection of International Humanitarian Law (IHL) and International Human Rights Law (IHRL) in addressing war-induced ecological harm, emphasizing “environcide” as a human rights violation. Using a normative juridical method, this research examines legal frameworks, including the ENMOD Convention, Geneva Conventions, and Rome Statute, alongside case studies from Vietnam, Ukraine-Russia, and Gaza. Employing a statute approach and Critical Legal Studies (CLS) analysis, the study reveals structural inequalities and power dynamics that hinder legal enforcement. It also identifies opportunities to strengthen accountability, recognize environcide, and promote participatory legal reforms. Aligning IHL and IHRL through these mechanisms can enhance environmental protection during and after conflict, ensuring a more just and sustainable approach to war’s ecological consequences.

Restructuring Measured Fishing Policy: Integrative Supervision of Fishery Business Actors in Realizing a Sustainable Blue Economy

Sat, 29 Mar 2025 00:00:00 +0000

Indonesia as a maritime country faces serious challenges in the problem of overexploitation and declining fish stocks in the management of marine resources in 11 Fisheries Management Areas (WPP). The quota-based Measured Fishing (PIT) policy has not been effective due to conflicts with local fishermen and weak supervision by the Ministry of Marine Affairs and Fisheries (KKP), as evidenced by violations of fishing zones by large and foreign vessels. This normative legal research uses a statutory, conceptual, and comparative approach. The results of the study show challenges in supervision and law enforcement. Several countries have used sophisticated technology and quota systems to manage fishing zones, but Indonesia faces obstacles in supervision. Researchers recommend the implementation of a satellite monitoring system, additional criminal sanctions, strengthening inter-agency coordination, and a customary-based sea closure system to restore fish stocks.

Implementation of The Supreme Court's Letter In Divorce Cases Due To Domestic Violence Within The Religious Court

Kiljamilawati, Asni, Patimah, Michra Ananda Mujahidin — Sat, 29 Mar 2025 00:00:00 +0000

This study determines the views of judges at the Sungguminasa Religious Court and the implementation of the Supreme Court Circular (SEMA) No. 3 of 2023 in divorce cases due to Domestic Violence (KDRT). The method used a multidisciplinary approach, namely the normative, legal, and sociological approaches. The results of the study indicate that the Sungguminasa Religious Court responded positively to the issuance of SEMA 3 of 2023 as part of a strategic step to minimize the number of divorce cases in Indonesia. Furthermore, the application several cases where the lawsuit or application was rejected based on considerations that did not meet the constraints of unclear specifications of the type of KDRT, evidence, and the existence of certain emergency conditions that hinder judges in implementing the SEMA.

Government Liability Towards the Amount of Savings by Public Housing Savings Participants

Baharuddin Riqiey — Sat, 29 Mar 2025 21:34:22 +0000

Article 28H Paragraph (1) of the Indonesian constitution expresses that the government is responsible for the availability of housing. In line with that, the government launched solution by holding the People's Housing Savings (Tapera). This study aims to examine and analyze the appropriateness of the amount of Tapera participant savings reviewed from the perspective of good governance and the mechanism for suing the government. The method used is the legislative and conceptual approach. The results of this study indicate that the amount of Tapera participant savings in Article 15 of Government Regulation No. 21 of 2024 is not by the principles of good governance. This is because the high amount of participant savings is considered to burden the lower class, lose the opportunity to participate in the Tapera program, and favor the middle to upper class. Therefore, the community can sue the government through the civil law or Ombudsman.

Estate Administration in Malaysia: Analysis of The Hire-Purchase Agreement to The Deceased’s Vehicle Repossession

Muhammad Amrullah Nasrul, Anis A'fifah Zairin Zain, Wan Noraini Mohd Salim Salim — Sat, 29 Mar 2025 21:44:18 +0000

This paper examines the challenges faced by beneficiaries in managing the estate of a deceased person, specifically in relation to vehicles under hire-purchase agreements. Many beneficiaries are unaware of the procedures outlined in the Malaysian Hire-Purchase Act 1967, which often results in vehicle repossession due to non-payment of installments. In some cases, beneficiaries are also burdened with settling the outstanding loan balance despite the repossession, exacerbating the emotional and financial strain on the deceased’s family. This study focuses on the estate administration process, particularly the transfer of vehicle ownership and explores the legal provisions governing repossession when the hirer passes away during the agreement period. Adopting a qualitative methodology, this research draws upon statutory analysis, case law, academic literature, and seminar papers. The findings reveal that a lack of legal awareness and administrative delays are primary factors contributing to repossession, ultimately causing further financial hardship to the beneficiaries.

Validity of Land Rental Agreement for Foreign Nationals' Borrowing Practices

Raudah Rosalia — Sat, 29 Mar 2025 21:52:30 +0000

Nominee practice in Indonesia is found in the case of Denpasar High Court Decision, which leases between Indonesian Citizens (WNI) and Foreign Citizens (WNA) are permitted in practice based on Article 45 Letter B of the Basic Agrarian Law. The research method used is normative juridical. The results show that nominee practice includes the preparation of lease agreements that are not related to each other, which shows the characteristics indirectly aims to transfer Ownership Rights to land to foreigners. The legal status and certainty of the Lease Agreement deed along with other supporting agreements made before the Notary can be categorized as legal smuggling, so it is appropriate that the Notary's deeds are declared null and void and have no binding legal force. The land with a Freehold Certificate Number 6196/Canggu which is the object of the case should fall to the State and become State land.

The Role of The Ministry of Law and Human Rights in Protecting Book Copyrights

Sat, 29 Mar 2025 00:00:00 +0000

This research explores the role of the Ministry of Law and Human Rights in protecting book copyrights and identifies the challenges it faces in this effort. Using a normative research approach, data was collected through literature studies and interviews with the Ministry's regional office in South Sulawesi. The findings reveal that the Ministry plays a key role in registering, monitoring, and educating the public about book copyrights. However, it faces challenges such as limited human resources and budget, the complexity of digital technology, low public awareness, and insufficient cross-sector cooperation, which hinder its efforts to protect book copyrights effectively.

Human Rights Views on Suspects' Legal Efforts to Obtain Examination Minutes

Irvan Abdillah — Sat, 29 Mar 2025 22:11:31 +0000

Human rights are an important aspect of law enforcement as intended by the International Covenant on Civil and Political Rights ratified by the UN which also applies in Indonesia. This provision was then adopted into the Criminal Procedure Code (KUHAP), especially in Article 72 which gives the suspect and his legal counsel the right to obtain a copy of the examination report which is important for defendants. Through a normative legal research method with a legal and contextual approach, this study analyzes Article 72 from the perspective of civil and political rights. The results showed that the absence of clear consequences for investigators who do not comply can weaken the suspect's rights in legal defense. Therefore, it is necessary to strengthen legal provisions so that investigators are required to provide this important document, to ensure transparency and justice in future law enforcement.