The impact of environmental terrorism on land degradation: legal comparative studies between Indonesia and Malaysia
| Date | 11 December 2023 |
| Pages | 105-116 |
| DOI | https://doi.org/10.1108/JPPEL-05-2023-0023 |
| Published date | 11 December 2023 |
| Subject Matter | Property management & built environment,Building & construction,Building & construction law,Real estate & property,Property law |
| Author | Nanik Trihastuti,Pulung Widhi H. Hananto,Adya Paramita Prabandari,Salawati Mat Basir,Aditya Agung Pratama,Efrema Ardratya Prakasita Puteri |
The impact of environmental
terrorism on land degradation:
legal comparative studies between
Indonesia and Malaysia
Nanik Trihastuti,Pulung Widhi H. Hananto and
Adya Paramita Prabandari
Faculty of Law, Diponegoro University, Semarang, Indonesia
Salawati Mat Basir
Faculty of Law, National University of Malaysia, Bangi, Malaysia, and
Aditya Agung Pratama and Efrema Ardratya Prakasita Puteri
Faculty of Law, Diponegoro University, Semarang, Indonesia
Abstract
Purpose –The purpose of this paper is to explore the problem of land degradation as a category of
environmental terrorism, which has been increasing along with the rise of open pit mining and oil palm
plantationactivities.
Design/methodology/approach –This study uses a doctrinal approach that aims to find the best
solution to address the problem of land degradation and environmental terrorism activities in Indonesia
through a comparative legal study conducted with the handling of similar cases in Malaysia, which has
almost the same characteras Indonesia.
Findings –This paper finds that both Indonesia and Malaysia have enacted laws and regulations to
address environmentalconcerns. However, it turns out that relying only on law enforcement is not an optimal
solution. Addressing the problemof land degradation would also require the implementation of sustainable
developmentpractices, public awareness and cooperative dialogue.
Originality/value –This paper provides a new approach to answer the inclusion of environmental
degradationas environmental terrorism, which shouldalso be considered a crime against humanity.
Keywords Environmental terrorism, Land degradation, Comparative legal studies, Indonesia,
Malaysia, Land protection
Paper type Research paper
1. Introduction
Land degradation has become a major issue that needs to be addressed in the context of
“Reducing Emission Deforestation and ForestDegradation Plus”(REDDþ) initiative. Even
the United Nations (UN) states that land degradation is one of the most dangerous
environmental degradationsin the world. In 1994, the UN declared June 17 as World Day for
Combating Degradation via the adoption of Resolution No. A/RES/49/115 that coincided
with the adoption of the UN Conventionon Combating Land Degradation or United Nations
Convention to Combat Desertification (UNCCD). This illustrates how the issue of land
degradation constitutesa global problem.
Land degradation is a keyconcern for global food security and environmental quality,as
only 11% of the worldwide land area may be deemedas prime or Class I land, which can be
Impact of
environmental
terrorism
105
Received23 May 2023
Revised11 September 2023
Accepted28 September 2023
Journalof Property, Planning and
EnvironmentalLaw
Vol.16 No. 2, 2024
pp. 105-116
© Emerald Publishing Limited
2514-9407
DOI 10.1108/JPPEL-05-2023-0023
The current issue and full text archive of this journal is available on Emerald Insight at:
https://www.emerald.com/insight/2514-9407.htm
Get this document and AI-powered insights with a free trial of vLex and Vincent AI
Get Started for FreeStart Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
