Master of Law in Universitas Gadjah Mada, Yogyakarta, Indonesia.
Bachelor's Degree in Universitas Sebelas Maret, Surakarta, Indonesia.
EDUCATION
Master of Law
RESEARCH, TEACHING, or OTHER INTERESTS
Law, Law, Multidisciplinary, Multidisciplinary
6
Scopus Publications
Scopus Publications
Testing the implementation of “meaningful participation” as an operational concept in lawmaking: Indonesia’s extractive regulations case Willy Naresta Hanum, Nilam Firmandayu Journal of Property Planning and Environmental Law, 2026 Purpose This study aims to evaluate the implementation of the principle of meaningful participation in the Indonesian lawmaking process and to assess the extent to which public participation is present in the formulation of legislation in the extractive sector. This research highlights the absence of measurable indicators for assessing how legislation operationalizes the principle of meaningful participation in Indonesia, thereby complicating efforts to ensure that enacted regulations align with societal needs and remain effective in practice. Design/methodology/approach This doctrinal legal research uses statutory and comparative approaches to examine and contrast legislative frameworks governing natural resource exploitation as the unit of analysis. Through doctrinal inquiry, it develops conceptual indicators that operationalize the principle of meaningful participation within the broader context of participatory lawmaking. Findings The findings indicate that the implementation of meaningful participation in lawmaking should be assessed across two principal stages: (1) the procedural stage, which examines who participates, when participation occurs and how it is conducted; and (2) the outcome accommodation stage, which gauges the extent to which public inputs are substantively incorporated into draft regulations. This two-tier framework provides a more systematic basis for evaluating the quality of participation and legislative responsiveness. Research limitations/implications This research is confined to doctrinal and comparative legal analysis and does not incorporate field based empirical data. Future research may further develop this operational framework through case based or empirical validation to assess the practical performance of meaningful participation indicators within specific jurisdictions. Originality/value This research contributes a normative assessment demonstrating that the principle of meaningful participation as provided under Law No. 13 of 2022 lacks defined indicators to ensure its effective implementation. It proposes a novel operational model to give effect to meaningful participation in lawmaking through two stages “process” and “outcome accommodation.” While participation has commonly been treated as an abstract normative ideal, this research reframes it as an evaluative and measurable concept that supports participatory and deliberative democracy. The framework offers practical value for policymakers, legislators and civil society actors in advancing equitable and just legal outcomes.
Spatial Policy Regarding Carbon Trading for Climate Change Mitigation in Indonesia: Environmental Justice Perspective Nilam Firmandayu, Ayman Alameen Mohammed Abdalrhman Journal of Law Environmental and Justice, 2025 Environmental protection assurances in spatial plans for carbon trading zones have not been stringently enforced despite their comprehensive overlap with carbon absorption areas in forested regions. This study examines deficiencies in legal rules to offer solutions for equitable policy frameworks in climate change mitigation. The research is normative and employs a statutory method. This research indicates three legal issues associated with the legal vacuum: the absence of regulation concerning the classification of strategic carbon zones and the jurisdiction of pertinent organizations. Secondly, recommendations for policy direction include the formulation of strategic carbon zoning provisions within the Spatial Planning Law, the incorporation of carbon zoning regulations into regional spatial plans, and the draughting of a revision to Presidential Regulation Number 98 of 2021 in collaboration with policymakers concerning special delegation to relevant institutions. This paper offers an overview of the spatial policy model for carbon trading within the environmental justice and climate change mitigation framework.
Good Faith in the United States’ International Reciprocal Tariff Agreements: Safeguarding Indonesian Domestic Products Dora Kusumastuti, Rian Saputra, Nilam Firmandayu Substantive Justice International Journal of Law, 2025 The international agreement regarding reciprocal tariffs enacted by the United States bears significant implications for local products in Indonesia. This study aims to examine the principle of good faith within the framework of the reciprocal tariff agreement, as well as the legal and economic consequences of the tariff’s implementation, particularly concerning the protection of local products and the assertion of national economic sovereignty. The importance of this research is highlighted by the increasing dynamics of global trade, which often place developing nations, such as Indonesia, in a vulnerable position with respect to the protectionist strategies employed by developed countries within reciprocal tariff arrangements. This study provides a comprehensive analysis of the principle of good faith within international reciprocal tariff agreements and its implications for safeguarding local products from being overshadowed by the demands of such agreements. The methodology employed is a normative legal approach, examining the principle of good faith within the reciprocal agreement established between the United States and Indonesia. The data sources utilized are secondary, and the analysis is conducted through literature review, with conclusions drawn via deductive reasoning—moving from general premises to specific conclusions. Contracts that lack a foundation of good faith in their formulation are likely to result in disparities in their execution. The widespread adoption of reciprocal tariff agreements, predominantly influenced by the United States, presents a substantial risk to domestic products.
Eliminating Ecological Damage in Geothermal Energy Extraction: Fulfillment of Ecological Rights by Proposing Permits Standardization Willy Naresta Hanum, Tran Thi Dieu Ha, Nilam Firmandayu Journal of Law Environmental and Justice, 2024 The rights of living things and inanimate objects in an ecological unity must be fulfilled in a balanced and fair manner. However, the shift in licensing arrangements to approve geothermal utilization in conservation forest areas has degraded the power of supervision. Likewise, the non-rigidity of the standardization of geothermal permit criteria has also resulted in the utilization of geothermal energy not being by the principles of ecological justice. This study is a normative study that uses a legislative approach by analyzing legal materials. The regulations used relate to geothermal regulations and licensing. The main theories used for the analysis are ecological justice and the triangle of energy. This study shows that, first, the issuance of geothermal permits should be strengthened by returning the requirements for approval of forest area utilization and environmental approval to remain in the form of permits to provide legal force for supervision and control of geothermal impacts in forest areas and the environment in general. Second, geothermal utilization permits in conservation forest areas need to be standardized. This study recommends changes to geothermal regulations that adopt the values of ecological justice, which are fair to humans and non-humans. Geothermal utilization must be supported to carry out the energy transition, but guarantees of rights for non-humans in ecosystem units must be given proportionally. Non-humans must not suffer losses due to the tendency of natural resource utilization, which only benefits the economic aspect of humans.
The Compliance of Regional Autonomy with State Administrative Court Decisions Soeleman Djaiz Baranyanan, Nilam Firmandayu, Ravi Danendra Journal of Sustainable Development and Regulatory Issues, 2024 Divergent mechanisms governed by several laws in force in Indonesia continue to impede the implementation of decisions rendered by state administrative courts. As a result, issues about the nature of government autonomy, legal consciousness, leadership structures, and political determination arise in the context of regional autonomy. The employed research methodology is normative juridical research, which analyzes articles in the law on state administrative courts about the execution of state administrative court institutions' decisions to identify and formulate legal arguments. This study demonstrates discrepancies in how decisions are executed by state administrative tribunals in Indonesia and several challenges associated with their practical implementation. In order to address these challenges, four conceptual frameworks of executive authority have been developed to establish a mechanism for implementing administrative court rulings in a globalized environment. The evolution model of legal instruments for implementing decisions of state administrative courts, the defense model for various types of implementation such decisions, the law enforcement model for executing state administrative courts, and the execution model as a question vacate.
The Electronic Government Policy-Based Green Constitution Towards Good Governance Nilam Firmandayu, Khalid Eltayeb Elfaki Journal of Sustainable Development and Regulatory Issues, 2023 In fact, e-government policy in Indonesia has not yet finished discussing regulations and implementations in government institutions. E-government policies are still regulated at the institutional field specifically or still at the respective regional governments. The nature of the policy is still partial so that there is no structural regulation as a rigid policy implementer that regulates the implementation of e-government in Indonesia. However, the implementation of e-government that uses technology, information and communication equipment will have a negative impact on environmental sustainability, one of them is an increase e-waste from the government sector. This research uses normative legal analysis to find legal facts and formulate a green constitution-based electronic government policy model to realize efficiency, effectiveness, accountability, and transparency of governance and public services towards good governance. This research proves the urgency of implementing regulations as an innovation model for e-government policies based on a green constitution to ensure the reduction of e-waste in Indonesia using green ICT. Therefore, it is important to develop guiding regulations which are Government Regulation for the implementation of e-government in both the central and regional government bureaucracies.