Mulawarman Natural Resources and Environmental Law Review https://e-journal.fh.unmul.ac.id/index.php/munel <p><strong>Mulawarman Natural Resources and Environmental Law Review&nbsp; (MUNEL)</strong> is a peer-reviewed journal published by Faculty of Law, Mulawarman University. MUNEL published twice a year in March and September. This journal provides immediate open access to its content on the principle that making research freely available to the public supports a greater global exchange of knowledge.</p> <p>The aims of this journal is to provide a venue for academicians, researchers, and practitioners for publishing the original research articles or review articles. The scope of the articles published in this journal deals with a specific range of topics in the fields of Natural Resources and Environmental Law.</p> <p>ISSN: <strong>0000-0000</strong> | e-ISSN: <strong>0000-0000</strong></p> Faculty of Law Mulawarman University en-US Mulawarman Natural Resources and Environmental Law Review 0000-0000 Indonesian Traditional Fishing Rights In Ashmore Reef Area An International Law Perspective https://e-journal.fh.unmul.ac.id/index.php/munel/article/view/322 <p><em>The United Nations Convention on the Law of the Sea 1982</em> (UNCLOS) guarantees a coastal state certain rights as well as obligations to manage the sea, including the right for traditional fishermen to catch the fish in the area. The traditional fishing right is hereditary, inherited by traditional fishermen who have been catching the fish and other sea commodities in a certain fishing ground for generations. The said recognition is given to the traditional fishermen, however, is in stark contrast with the practices taking place in the fishing ground as shown in the case of traditional fisherman catching the fish in Ashmore Reef area. This research is aimed to answer two important issues in this regard: First, the legal protection of Indonesian traditional fishermen under the light of international law, and Secondly the consequences of the changing status of the Ashmore Reef into conservation area on traditional fishing activity. The research method used to answer the problem formulation uses the doctrinal method which is based on international agreements with a conceptual approach. Even though Indonesia and Australia both recognize UNCLOS 1982, and both countries had an agreement outlined in <em>MoU Box 1974</em> as well as <em>Agreed Minute 1989</em>, Australia giving the new status of Ashmore Reef as a conservation area has brought about the tremendous impact on the traditional fishery as Australian Law is getting harsh on traditional fishermen from Indonesia and hence neglecting the existing agreement as well as the international law that recognizes the traditional fishermen.</p> Treyas Annisa Febri Susanti Muhamad Muhdar Rika Erawaty Copyright (c) 2021 Mulawarman Natural Resources and Environmental Law 2020-12-29 2020-12-29 1 18 Perlindungan Hukum Terhadap Ikan Hiu Belimbing (Stegostoma Fasciatum) Dari Aktifitas Illegal Fishing https://e-journal.fh.unmul.ac.id/index.php/munel/article/view/412 <p>Starfruit Sharks (stegostoma Fasciatum) are endangered species which are the top species of predators or peak positions in the food chain in the Berau Sea. The area of shark hunting in Indonesia is located in the waters of the Berau Regency where nearly 200 (two hundred) tails are caught annually. Large-scale illegal fishing and capture of sharks causes disruption of the food chain balance in the marine ecosystem /environmental damage. to prevent a decline in starfruit shark populations from illegal fishing. The type of research used is empirical juridical where legal research serves to see the law in terms of artifacts and examine how the law works in the community of Tanjung Redeb District, Berau district. As well as qualitative data analysis.</p> <p>Due to the absence of national or international regulations governing the legal protection of starfruit sharks, it is hoped that the Berau District Government will immediately ratify the Regional Regulation on Legal protection for all Sharks and other marine biota. In order for those who violate to get strict sanctions and to avoid environmental damage in the sea of Berau especially and it is hoped that this starfruit shark can be included in National and International regulations. It is expected that the Berau Regency Government can optimize the community watchdog group to supervise the Starfruit Shark (Stegostoma Fasciatum) from Illegal Fishing activities in Berau where the starfruit shark population is decreasing.</p> Bagus Dewana Siti Kotijah Agustina Wati Copyright (c) 2021 Mulawarman Natural Resources and Environmental Law 2020-12-30 2020-12-30 19 29 Oil Refinery dan Mitigasi Resiko Perubahan Iklim: Studi Kritis Terhadap Pembangunan Kilang Minyak Di Kota Bontang https://e-journal.fh.unmul.ac.id/index.php/munel/article/view/413 <p>The Government of Indonesia by ratifying it again by requiring the distribution of oil industry companies in the form of premium fuel in parts of Indonesia as well as the discourse of oil refinery development in several areas, one of which is in the East Kalimantan Province, Bontang City, this plan is contrary to the Indonesian Government's commitment in implementing emission quality standards Euro 4 exhaust gas adopted through Permen LH Number 20 Year 2017 Concerning the Quality Standards for New Type of Vehicle Exhaust Emissions for M, N and O Categories. This study applies normative policy audit research methods to find problems at the implementation level problems regarding reduction policies carbon emissions gas for the construction of oil refineries.</p> Harnowo MS Mikhael Edy Salamba Siti Kotijah Copyright (c) 2021 Mulawarman Natural Resources and Environmental Law 2020-12-31 2020-12-31 30 43 Problematika Penegakan Hukum Kegiatan Pertambangan Batuan Ilegal di Kota Samarinda https://e-journal.fh.unmul.ac.id/index.php/munel/article/view/414 <p>In Governor Regulation number 4 of 2015 concerning Guidelines for Implementing Non-Metallic Mineral and Stone Mining Business Permits in East Kalimantan Province in article 5 paragraph 1 states that every non-metal mineral mining business is required to have an IUP from the Governor. This study aims to determine the factors that cause illegal stone mining in samarinda and to find out law enforcement efforts against illegal stone mining in Samarinda.</p> <p>This type of research uses the Normative-Empirical method, namely legal research whose object of study includes the study of legislation and applies it to legal events. The analysis used is a qualitative descriptive analysis.</p> <p>From the results of the research concluded that there are economic factors and legal factors that make the emergence of illegal mining and law enforcement efforts against illegal stone mining in the city of Samarinda have not been carried out optimally so as to make the existence of illegal stone mining which is still operating today.</p> Ruth Laksmi Charisma Copyright (c) 2021 Mulawarman Natural Resources and Environmental Law 2021-01-25 2021-01-25 44 61 Perlindungan Hukum Terhadap Hak Pemilik Tanah untuk Pendirian Sarana Jaringan Transmisi Tenaga Listrik https://e-journal.fh.unmul.ac.id/index.php/munel/article/view/415 <p>In accordance with Article 27 of the Law Number 30 Year 2009 about the Electric Power, the State Electricity Company has a priority right to build the electric network facilities for public use by considering the rights of the community members residing in the surrounding areas. However, in fact, there were some violations of this regulation when building the electric network facilities like the one happening in Bukuan Village. The absence of legal protection concerning this regulation has brought about an impact on the public rights, in which they felt harmed by that particular activity.</p> <p>This research aimed at finding out the forms of legal protection towards the land use as the area to build the electricity transmission network facilities by the State Electricity Company at Bukuan Village, Samarinda Municipality. Furthermore, this research also analysed the legal efforts of the landowners related to the lands used as the establishment areas for the electric power transmission network facilities of the State Electricity Company at Bukuan Village, Samarinda Municipality. This research employed the Socio Legal Approach, which referred to the approach done through observation and research.</p> <p>The State Electricity Company had the rights to build electricity network facilities by using the privately owned lands. The legal protection was necessary to be given to the landowners concerning the establishment of electricity network facilities so that the State Electricity Company would not violate the civil rights of the community members and went beyond its limit in exercising its authority. The community members could do some settlement efforts towards the violation of civil laws by the State Electricity Company in terms of the establishment of electricity network facilities at Bukuan Village, both in and outside of the court.</p> Nur Aminah Purwanto Copyright (c) 2021 Mulawarman Natural Resources and Environmental Law 2021-01-25 2021-01-25 62 80