International Journal of Law, Environment, and Natural Resources

The constatation of the prosecutor’s role as dominus litis in the optimal evidentiary system based on ius constitutum for the achievement of legal objectives in indonesia

Triono Rahyudi — 2026-06-15

This abstract discusses the importance of strengthening the dominus litis principle within Indonesia’s criminal justice system. The research problem arises from the still limited role of prosecutors, who are only involved after the investigation is declared complete, resulting in the prosecutorial control function not operating optimally. This study aims to analyze the essence of the dominus litis principle in the existing criminal procedural law, the urgency of prosecutorial authority during the evidentiary stage, and the concept of strengthening the prosecutor’s role in the reform of the Criminal Procedure Code (KUHAP). The research employs a normative legal research method using statutory and conceptual approaches through the examination of primary and secondary legal materials. The findings indicate that the involvement of prosecutors from the early stages of criminal proceedings is necessary to ensure the quality of evidence, the integrity of law enforcement, and the achievement of justice-oriented legal objectives. The study further emphasizes that the dominus litis principle needs to be progressively reinterpreted by positioning prosecutors as substantive actors in the construction of criminal cases. Therefore, reform of the Criminal Procedure Code is an urgent necessity in order to establish a modern, integrative, and accountable criminal justice system.

Unraveling the ambiguity of the commonality element in Indonesian class action litigation

Erwin Susilo — 2026-04-22

The meaning of commonality in Class Action (CA) lawsuits in Indonesia, which remains abstractly formulated, leaves room for judges to interpret it differently, potentially leading to "disparities in rulings and legal uncertainty." This research aims to compare the regulation of CA in Indonesia and the United States, specifically regarding the concept of commonality, and to formulate a more concrete and applicable concept for the Indonesian legal system. The normative legal research used in this study employs a legislative and comparative law approach. Based on the study, this research found that in the United States, commonality has developed more clearly through jurisprudence by emphasizing a single core issue (common contention) and the dominance of a shared issue (predominance), unlike Indonesia, which still lacks a definite standard. From this condition, this research takes a firm position that commonality should not be merely interpreted as a general similarity, but rather as a unity of substantive issues that can be proven and resolved collectively in a single decision. On this basis, it is necessary to formulate a norm that is "concrete, measurable, and operational" so that the CA mechanism can truly provide legal certainty.

Implementation of narcotics rehabilitation services in mandatory reporting receiving institutions in south kalimantan province: legal and institutional analysis

Darmono Budi Utomo — 2026-05-04

Drug abuse in Indonesia is a multidimensional problem affecting health, social, and legal aspects, addressed through a rehabilitative approach within the Mandatory Reporting Institutions system. This study aims to analyze the implementation of drug rehabilitation services in South Kalimantan Province, focusing on legal aspects, policy effectiveness, institutional conditions, and existing challenges. Using a normative-empirical (socio-legal) method with a legislative approach and field research at several institutions, the findings show that all Mandatory Reporting Recipient Institutions have strong legal standing and have implemented service standards based on Indonesian National Standard 8807:2022 Type III. These include mandatory reporting mechanisms, assessment procedures, treatment planning, referral systems, and service evaluation. However, policy implementation is considered fairly effective but not yet optimal, particularly in terms of system integration, human resource capacity, and social stigma. Institutionally, although these facilities are formally established, disparities remain in multidisciplinary human resources, infrastructure availability, and digital integration across sectors. Key obstacles include limited expertise, incomplete rehabilitation facilities, suboptimal reporting systems, and persistent community stigma toward rehabilitation services. In conclusion, while implementation generally aligns with the legal framework and operates adequately, further strengthening in integration, institutional capacity, and stigma reduction is necessary to achieve a more effective, holistic, and sustainable rehabilitation system.

Integration of the rights to health and food as human rights in the national policy of indonesia’s free nutritious meal program

Noor Azizah — 2026-05-23

Health development in Indonesia continues to face major challenges, particularly in fulfilling community nutrition needs, as reflected in the high prevalence of stunting, wasting, and malnutrition. From a human rights perspective, the rights to health and food are interrelated and require integrated policy implementation. Through the Free Nutritious Meal Program (MBG), the government seeks to fulfill nutritional needs while carrying out its responsibility to guarantee the rights to health and food. This study aims to analyze the regulation of the rights to health and food within the Indonesian legal system and examine the integration of both rights into the Free Nutritious Meal Program as a human rights–based policy using normative legal research methods with statutory, conceptual, and human rights approaches. The findings show that the rights to health and food already have a strong normative basis in the 1945 Constitution and related legislation; however, existing regulations remain sectoral and lack an integrated framework. The study also identifies potential conflicts between fulfilling the rights to health and food and the right to education, particularly regarding state budget allocation, as the Free Nutritious Meal Program may create budgetary pressure on the education sector, thereby requiring regulatory harmonization to ensure balanced fulfillment of all human rights.

The essence of authority and legal certainty of district courts in the execution of equitable consignment

Muhammad Alfi Sahrin Usup — 2026-06-10

The main issue that needs to be emphasized in the background of this study is the potential inconsistency between consignment as a mechanism for releasing debtors from their obligations and the disputable nature of such release prior to creditor acceptance or a court determination. This inconsistency has direct implications for the normative question of whether consignment, particularly at the execution stage by the District Court, fulfills the principles of legal certainty, justice, and balance. This issue logically leads to the focus of the research concerning the nature of the authority and legal certainty of the District Court in the execution of equitable consignment. The research problems addressed in this study are: (1) What is the nature of the authority and legal certainty of the District Court in the execution of equitable consignment?; (2) How does the urgency of the District Court’s authority affect legal certainty in the execution of consignment?; and (3) What is the ideal concept of authority and legal certainty of the District Court in the execution of equitable consignment? This study is a normative juridical legal research with a prescriptive approach. The discussion in this research explains that the nature of the authority and legal certainty of the District Court in the execution of equitable consignment demonstrates that executorial authority must be understood as a combination of normative validity and procedural legitimacy. Furthermore, the urgency of the District Court’s authority in influencing legal certainty in the execution of consignment lies in the fact that normative and institutional uncertainty at the execution stage directly transforms consignment from an instrument of certainty into a source of further uncertainty. Finally, the ideal concept of authority and legal certainty of the District Court in the execution of equitable consignment requires an executorial authority model that is independent, final and binding, effective yet proportional, and not deterministically dependent on external variables, while integrating law enforcement, legal protection, and social justice orientation.