The Legal Consultation and Aid Center of the Faculty of Law, Universitas Gadjah Mada (PKBH UGM), in collaboration with the High Prosecutor’s Office of the Special Region of Yogyakarta and Sogan Village, held an in-person legal counseling session on Tuesday (9/9) at the Faculty of Law UGM Research Center. The session focused on providing assistance in drafting the Sogan Village Regulation on Environmental Conservation. During the event, Dr. Totok Dwi Diantoro, S.H., M.A., LL.M., serving as the academic advisor, delivered several notes and suggestions on the Draft Regulation.
In his presentation, Dr. Totok explained that the draft still required several revisions, particularly in terms of language, the preamble and legal basis, as well as its substantive provisions. He emphasized that the regulation should be focused on a specific issue to be regulated. Additionally, he suggested improvements to several articles, including those concerning sanctions, and proposed the inclusion of a new provision on control mechanisms to increase its enforceability.
During the discussion and Q&A session, Dr. Totok Dwi Diantoro, S.H., M.A., LL.M., initiated a dialogue on finding a more appropriate title for the Village Regulation. The High Prosecutor’s Office responded by noting that Kulon Progo Regency already has a Regional Regulation on Environmental Protection and Management and therefore suggested that the Sogan Village Regulation adopt a similar title. This proposal was accepted by the Sogan Village authorities, and it was agreed to adopt a more suitable title: Sogan Village Regulation on Environmental Protection and Management.
Subsequently, three main questions were raised by the village representatives. First, whether it is permissible to include fines in a Village Regulation. In response, Dr. Totok emphasized: “A Village Regulation may impose sanctions as long as they are administrative in nature, not criminal. Therefore, fines as provided in the regulation are administrative fines, not criminal penalties.” Second, they asked who may be subjected to sanctions under the regulation: could sanctions be imposed on violators who are not residents of Sogan Village? Dr. Totok explained that the Village may enforce the regulation against anyone who commits a violation, as long as the act takes place within the jurisdiction of Sogan Village.
Third, the village representatives raised the issue of the increasing number of telecommunication poles installed along the national road, which they felt diminished the aesthetics of Sogan Village, and asked whether the regulation could address this matter. In response, Dr. Totok clarified: “A Village Regulation applies only within the territory of Sogan Village. Therefore, it must first be verified whether the telecommunication poles are installed within the boundaries of Sogan Village or already fall under the national road area.”
The session concluded with a discussion on the most effective mechanisms for enforcing environmental conservation rules and their associated sanctions, while ensuring that enforcement respects the culture and local wisdom of Sogan Village.
The facilitation of drafting the Sogan Village Regulation is closely aligned with the Sustainable Development Goals (SDGs). First, this initiative supports SDG 13: Climate Action by strengthening local regulations focused on environmental preservation and management. Second, it contributes to SDG 15: Life on Land by promoting the protection of natural resources at the village level while respecting local wisdom. In addition, the legal education and discussions provided by UGM Faculty of Law support SDG 4: Quality Education, particularly by enhancing the community’s legal awareness. The collaboration between UGM Faculty of Law, the High Prosecutor’s Office of Yogyakarta, and the Sogan Village Government also reflects the implementation of SDG 17: Partnerships for the Goals, by fostering multi-stakeholder synergy to achieve sustainable and inclusive environmental governance.
Author: Al Syifa Rachman (Assistant for Village Regulation Facilitation, Dr. Totok Dwi Diantoro)
