Papers by Myrna A . Safitri
Hasanuddin Law Review, Apr 1, 2021
The Covid-19 pandemic currently infecting the world population comes from the Coronavirus (SARS-C... more The Covid-19 pandemic currently infecting the world population comes from the Coronavirus (SARS-CoV-2) transmitted initially from animals to humans, then between humans. This disease is referred to as zoonosis. Covid-19 discourse is generally about zoonotic transmission from animals to humans. Not much attention has been given to the potential transmission from humans to animals. In several countries, cases indicating the exposures of animals with the Coronavirus have been found. Thus, a discussion on the vulnerability of exposure to animals with the Coronavirus is significant to scientifically discussed. Unfortunately, concerns about this problem are still voiced by the mass media. Limited studies have been found, especially in Legal Science. In Indonesia, the Covid-19 incidence has hit more than 200 thousand people, one of the highest in Southeast Asia. Nevertheless, animal protection policy is not part of the national program of Covid-19 Control. Indonesia has several laws and regulations concerning animal welfare and zoonosis control. This article presents our study's findings investigating how the animal welfare law is applicable to protect the animals from Covid-19. Using the method of normative legal analysis, we found several weaknesses in the legal norms. We also observed how the ethics of anthropocentrism and ecocentrism compete in animal welfare laws.
Hasanuddin Law Review, 2021
The Covid-19 pandemic currently infecting the world population comes from the Coronavirus (SARS-C... more The Covid-19 pandemic currently infecting the world population comes from the Coronavirus (SARS-CoV-2) transmitted initially from animals to humans, then between humans. This disease is referred to as zoonosis. Covid-19 discourse is generally about zoonotic transmission from animals to humans. Not much attention has been given to the potential transmission from humans to animals. In several countries, cases indicating the exposures of animals with the Coronavirus have been found. Thus, a discussion on the vulnerability of exposure to animals with the Coronavirus is significant to scientifically discussed. Unfortunately, concerns about this problem are still voiced by the mass media. Limited studies have been found, especially in Legal Science. In Indonesia, the Covid-19 incidence has hit more than 200 thousand people, one of the highest in Southeast Asia. Nevertheless, animal protection policy is not part of the national program of Covid-19 Control. Indonesia has several laws and re...
Jurnal Hukum Lingkungan Indonesia, Jul 28, 2014
Kementerian Kehutanan (sekarang berganti menjadi Kementerian Lingkungan Hidup dan Kehutanan) seda... more Kementerian Kehutanan (sekarang berganti menjadi Kementerian Lingkungan Hidup dan Kehutanan) sedang menjalankan program percepatan pengukuhan kawasan hutan. Tujuannya antara lain menciptakan kawasan hutan yang berkepastian hukum dan berkeadilan. Meskipun demikian, persoalan lebih mendasar dari percepatan pengukuhan kawasan itu adalah memperjelas alas hak penguasaan pemerintah dan masyarakat pada tanah-tanah yang termasuk ke dalam kawasan hutan.Tulisan ini bertujuan menjelaskan konsep-konsep hukum terkait dengan penguasaan tanah di dalam kawasan hutan.Bagaimana penguasaan dimaksud dapat memberikan kepastian hukum sekaligus keadilan bagi masyarakat dan pemerintah.Sebagai basis dalam membangun konstruksi ini adalah elaborasi konsep penguasaan negara atas kawasan hutan atau dikenal dengan hak menguasai negara.Bagaimana indikator menilai pelaksanaan hak menguasai negara itu dan bagaimana indikator tersebut digunakan untuk menilai regulasi dan praktik pengukuhan kawasan hutan adalah inti dari tulisan ini.
ABSTRAK Sejak 2015, Pemerintah Indonesia mengintensifkan pencegahan dan penanggulangan kebakaran ... more ABSTRAK Sejak 2015, Pemerintah Indonesia mengintensifkan pencegahan dan penanggulangan kebakaran lahan gambut. Sebanyak 35% areal terbakar tahun 2015 dari ekosistem gambut. Penegakan hukum terhadap pembakaran lahan semakin dipertegas. Namun demikian, banyak masyarakat terbiasa melakukan pembakaran untuk menurunkan tingkat keasaman tanah. Perlindungan terhadap kearifan lokal dalam kegiatan pembakaran lahan telah diberikan Undang-Undang Perlindungan dan Pengelolaan Lingkungan Hidup. Hal ini menimbulkan kontradiksi antara penegakan hukum dengan perlindungan kearifan lokal. Paper ini membahas upaya menyelaraskan penegakan hukum dengan perlindungan kearifan lokal. Melalui penelitian sosio-legal yang menggabungkan metode penelitian hukum normatif dengan participatory action research, paper ini mengusulkan untuk meninjau ulang konsep kearifan lokal pada ekosistem yang rusak. Disimpulkan bahwa kearifan lokal memerlukan adaptasi. Di samping itu, penegakan hukum perlu diimbangi dengan pemberd...
Kasarinlan: Philippine Journal of Third World Studies, 2017
On 30 December 2016, for the first time, the government of Indonesia recognized customary forests... more On 30 December 2016, for the first time, the government of Indonesia recognized customary forests of nine indigenous communities. This recognition has proved the implementation of the 1945 Indonesian Constitution, as echoed by Constitutional Court Ruling 35/2012 that was released in May 2013, concerning the legal recognition of indigenous peoples’ rights on land and forest. Ruling 35 took three years to be implemented. This paper discusses the factors that brought about the delay of that recognition. For decades before December 2016, the legal recognition of indigenous peoples’ rights in Indonesia had not resulted in the successful reclaiming of indigenous peoples’ customary land from “state forests.” There were gaps between government commitments, laws, and development plans. Law, politics, and the economic interests of bureaucracy had created these gaps and had led to complex obstacles to the recognition of indigenous territories in Indonesia. Dualism of government authority over ...
Proceedings of the 2018 International Conference on Energy and Mining Law (ICEML 2018), 2018
Java Island has serious environmental destruction since colonial times. Efforts to reduce the env... more Java Island has serious environmental destruction since colonial times. Efforts to reduce the environmental burden of Java have been implemented for centuries by reallocating people and projects to outer islands. Nevertheless, Java is irreplaceable for several reasons. The ability of this island to provide good access to infrastructure and manpower becomes one of its pull factors to several development project, including mining and energy. One of large-scale mining projects in Java is karst mining in Central Java. Unfortunately, it has led to tremendous legal, social and political issues. The mining of karst in nearby agricultural zone of Kendeng Mountains works at the cost of social conflicts. To access the protection of their land and cultural rights, Javanese peasants have used divers path of justice including access to court. They have obtained support from Indonesian scholars coming from different disciplines. The collaboration of peasants and scholars in judicial process is a new trend in Indonesian legal reform. The case of this mining dispute provides interesting lessons-learned with regard to the issue of social movement in judicial process. This paper discusses how collective actions of peasants and interdisciplinary scholars work to the enforcement of environmental, mining and administrative law; what factors have influenced the success and failures of these actions and the extent to which has it contributed to judicial activisms that relate to this dispute.
Brawijaya Law Journal
The right to information is fundamental in environmental protection. Lack of access to informatio... more The right to information is fundamental in environmental protection. Lack of access to information regarding environmental planning and licensing has often lead to public interest environmental litigation. The right to information is also an element in the formation of the rule of law in both its formal and substantive aspects. Mining must be cautionary conducted due to its high potential for environmental damage and pollution. This paper discusses the extent to which is the right to environmental information protected in Indonesia through several cases of mining litigation. Using statutory and court cases methods, it discusses laws on the rights to information in general and in the field of environmental protection, how Indonesian courts have interpreted the government obligations to fulfill citizens' access to mining information, and the extent to which that legal interpretation contributes to the rule of law elements. This paper then concludes that the right to mining information is still difficult to attain. Public bodies tend to prioritize formal-procedural aspects in providing information and setting up a public consultation. However, the cases studied indicate that judicial activism has provided corrections to such a procedural approach. More substantive rule of law principles used by the courts to interpret mining zones and environmental permits procedures.
Brawijaya Law Journal, 2018
The right to information is fundamental in environmental protection. Lack of access to informatio... more The right to information is fundamental in environmental protection. Lack of access to information regarding environmental planning and licensing has often lead to public interest environmental litigation. The right to information is also an element in the formation of the rule of law in both its formal and substantive aspects. Mining must be cautionary conducted due to its high potential for environmental damage and pollution. This paper discusses the extent to which is the right to environmental information protected in Indonesia through several cases of mining litigation. Using statutory and court cases methods, it discusses laws on the rights to information in general and in the field of environmental protection, how Indonesian courts have interpreted the government obligations to fulfill citizens' access to mining information, and the extent to which that legal interpretation contributes to the rule of law elements. This paper then concludes that the right to mining information is still difficult to attain. Public bodies tend to prioritize formal-procedural aspects in providing information and setting up a public consultation. However, the cases studied indicate that judicial activism has provided corrections to such a procedural approach. More substantive rule of law principles used by the courts to interpret mining zones and environmental permits procedures.
Kasarinlan: Philippine Journal of Third World Studies , 2016
On 30 December 2016, for the first time, the government of Indonesia recognized customary forests... more On 30 December 2016, for the first time, the government of Indonesia recognized customary forests of nine indigenous communities. This recognition has proved the implementation of the 1945 Indonesian Constitution, as echoed by Constitutional Court Ruling 35/2012 that was released in May 2013, concerning the legal recognition of indigenous peoples' rights on land and forest. Ruling 35 took three years to be implemented. This paper discusses the factors that brought about the delay of that recognition. For decades before December 2016, the legal recognition of indigenous peoples' rights in Indonesia had not resulted in the successful reclaiming of indigenous peoples' customary land from "state forests." There were gaps between government commitments, laws, and development plans. Law, politics, and the economic interests of bureaucracy had created these gaps and had led to complex obstacles to the recognition of indigenous territories in Indonesia. Dualism of government authority over land tenure had prevented adequate protection of indigenous rights. Inconsistency of national laws and the absence of a clear national policy toward the recognition of indigenous peoples and their territories had induced local governments to play safe by not recognizing indigenous territories; rather, local governments continued granting licenses for mega projects for natural resource extraction. This paper also presents the dynamics of advocacy and lawmaking concerning customary forests in Indonesia, and it notes the relevance of the Philippines-Indonesia nexus for learning and sharing on behalf of indigenous peoples' advocacy. How the national law in different forms and at different levels has enabled and constrained the recognition of indigenous peoples and their claims to customary forests is the key theme discussed.
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Papers by Myrna A . Safitri