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Forest Crime Law Enforcement and the Authority of Forest Police in North Minahasa, North Sulawesi Gladi Angel Ria Dendape; Linda Lidia Imon
Journal Social Civilecial Vol. 4 No. 1 (2026): Journal Social Civilecial
Publisher : Journal Social Civilecial

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71435/722570

Forest destruction remains a critical legal and environmental challenge in Indonesia, particularly where illegal logging, forest burning, unauthorized mining, and unlawful plantation activities threaten sustainable forest governance. This study examines the authority of Forest Police in enforcing criminal law against forest destruction in North Minahasa, North Sulawesi. The research applies a normative legal method supported by limited empirical information from relevant forestry institutions. Legal materials were examined through statutory, conceptual, and qualitative juridical analysis, focusing on forestry legislation, environmental law, criminal procedure, and regulations concerning Forest Police and Civil Servant Investigators. The findings show that Indonesian forestry law categorizes forest destruction into multiple criminal offences, including damaging forest-protection facilities, illegal timber harvesting, transporting forest products without valid documents, unlawful mining, forest burning, document falsification, corporate timber laundering, obstruction of enforcement, and abuse of authority by officials. Law No. 18 of 2013 substantially expands criminal liability by addressing organized forest crime, corporate involvement, illicit financing, and misuse of forest permits. Forest Police hold pre-emptive, preventive, and repressive authority, including patrol, document inspection, evidence collection, arrest in flagrante delicto, and investigation when appointed as Civil Servant Investigators. Effective enforcement depends on coordinated investigation with the National Police, procedural compliance, and strengthened institutional capacity.

Criminal Liability for Fatal Traffic Negligence under Article 310(4) of Indonesian Road Traffic Law: A Juridical Analysis of Decision No. 75/Pid.Sus/2023/PN Mnd Noviane Hewa Kelung; Linda Lidia Imon
Journal Social Civilecial Vol. 4 No. 1 (2026): Journal Social Civilecial
Publisher : Journal Social Civilecial

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71435/722571

Fatal traffic accidents caused by negligent driving remain a significant legal and social problem in Indonesia, particularly in cases involving intoxication and driver fatigue. This study aims to analyze the application of Indonesian positive law to fatal traffic negligence and evaluate the judicial reasoning in Decision No. 75/Pid.Sus/2023/PN Mnd of the Manado District Court. The research employed a normative juridical method using statute and case approaches. Primary legal materials consisted of the Indonesian Criminal Code, Law No. 22 of 2009 concerning Road Traffic and Transportation, and the relevant court decision, while secondary materials included legal doctrines, scholarly books, and journal articles related to criminal liability, negligence, and punishment. The findings show that Article 310 paragraph (4) of Law No. 22 of 2009 functions as lex specialis in relation to Article 359 of the Criminal Code because it specifically regulates negligent driving resulting in death within the context of road transportation. The court correctly established the legal elements of negligent driving causing death through evidence demonstrating that the defendant drove a motorcycle while intoxicated and severely fatigued, resulting in a fatal collision. However, the study also finds that the two-year imprisonment imposed by the court raises concerns regarding proportionality and victim-oriented justice because the punishment may not adequately reflect the seriousness of the defendant’s preventable risk-taking conduct and the irreversible loss suffered by the victim’s family. The study concludes that stronger sentencing consistency, clearer judicial reasoning, and broader integration between criminal sanctions and road-safety policies are necessary to improve traffic-law enforcement in Indonesia.

Juridical Analysis of Inheritance Rights of Foreign-National Children Born from Mixed Marriages under the Indonesian Civil Code Aprilia Widya Mandey; Linda Lidia Imon
Journal Social Civilecial Vol. 4 No. 1 (2026): Journal Social Civilecial
Publisher : Journal Social Civilecial

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71435/722573

Mixed marriages between Indonesian citizens and foreign nationals create complex legal consequences for children, particularly when citizenship status intersects with inheritance and property ownership. This study examines the legal status of children born from mixed marriages and analyzes their inheritance rights when they hold or later choose foreign nationality. Using a normative juridical method, the research applies statutory and conceptual approaches to Indonesian marriage law, citizenship law, civil inheritance law, child protection law, and agrarian law. The analysis shows that Law No. 12 of 2006 provides limited dual citizenship for children born from mixed marriages until the age of 18 or marriage, followed by a three-year period to choose one citizenship. Under the Indonesian Civil Code, a child born from a valid mixed marriage remains a legitimate heir where a lawful civil relationship with the deceased parent exists. Foreign nationality does not automatically eliminate the right to inherit. However, agrarian law restricts foreign nationals from permanently holding ownership-title land in Indonesia. A foreign-national heir who receives such land must transfer, release, convert, or realize its value within the legally prescribed period. The study clarifies the distinction between inheritance entitlement and ownership capacity, contributing to legal certainty in cross-border family inheritance disputes.

Juridical Analysis of Inheritance Rights of Foreign-National Children Born from Mixed Marriages under the Indonesian Civil Code Aprilia Widya Mandey; Linda Lidia Imon
Journal Social Civilecial Vol. 4 No. 1 (2026): Journal Social Civilecial
Publisher : Journal Social Civilecial

Show Abstract | Download Original | Original Source | Check in Google Scholar

Mixed marriages between Indonesian citizens and foreign nationals create complex legal consequences concerning citizenship, family status, inheritance rights, and ownership of property. This study aims to analyze the legal position of children born from mixed marriages and examine their inheritance rights under the Indonesian Civil Code when they possess or later choose foreign nationality. The research employed a normative juridical method using statute and conceptual approaches. Legal materials consisted of primary legal sources, including the Indonesian Civil Code, Law No. 1 of 1974 on Marriage, Law No. 12 of 2006 on Citizenship, Law No. 23 of 2002 on Child Protection, and Law No. 5 of 1960 on Basic Agrarian Principles, as well as secondary legal materials derived from doctrinal writings and scholarly literature. The findings demonstrate that Law No. 12 of 2006 provides limited dual citizenship protection for children born from mixed marriages until the age of eighteen years or marriage, followed by an obligation to choose one citizenship. Under the Indonesian Civil Code, a child born from a valid mixed marriage remains a lawful heir because inheritance rights are determined by a lawful civil relationship with the deceased parent rather than nationality alone. However, Indonesian agrarian law restricts foreign nationals from permanently holding ownership-title land. As a result, foreign-national heirs may inherit property rights but must transfer, release, or convert ownership-title land within the legally prescribed period. The study highlights the distinction between the right to inherit and the legal capacity to retain certain inherited assets while identifying continuing procedural and administrative challenges in cross-border inheritance disputes.

Forest Crime Law Enforcement and the Authority of Forest Police in North Minahasa, North Sulawesi Gladi Angel Ria Dendape; Linda Lidia Imon
Journal Social Civilecial Vol. 4 No. 1 (2026): Journal Social Civilecial
Publisher : Journal Social Civilecial

Show Abstract | Download Original | Original Source | Check in Google Scholar

Forest destruction remains a critical legal and environmental challenge in Indonesia, particularly where illegal logging, forest burning, unauthorized mining, and unlawful plantation activities threaten sustainable forest governance. This study examines the authority of Forest Police in enforcing criminal law against forest destruction in North Minahasa, North Sulawesi. The research applies a normative legal method supported by limited empirical information from relevant forestry institutions. Legal materials were examined through statutory, conceptual, and qualitative juridical analysis, focusing on forestry legislation, environmental law, criminal procedure, and regulations concerning Forest Police and Civil Servant Investigators. The findings show that Indonesian forestry law categorizes forest destruction into multiple criminal offences, including damaging forest-protection facilities, illegal timber harvesting, transporting forest products without valid documents, unlawful mining, forest burning, document falsification, corporate timber laundering, obstruction of enforcement, and abuse of authority by officials. Law No. 18 of 2013 substantially expands criminal liability by addressing organized forest crime, corporate involvement, illicit financing, and misuse of forest permits. Forest Police hold pre-emptive, preventive, and repressive authority, including patrol, document inspection, evidence collection, arrest in flagrante delicto, and investigation when appointed as Civil Servant Investigators. Effective enforcement depends on coordinated investigation with the National Police, procedural compliance, and strengthened institutional capacity.

Criminal Liability for Fatal Traffic Negligence under Article 310(4) of Indonesian Road Traffic Law: A Juridical Analysis of Decision No. 75/Pid.Sus/2023/PN Mnd Noviane Hewa Kelung; Linda Lidia Imon
Journal Social Civilecial Vol. 4 No. 1 (2026): Journal Social Civilecial
Publisher : Journal Social Civilecial

Show Abstract | Download Original | Original Source | Check in Google Scholar

Fatal traffic accidents caused by negligent driving remain a significant legal and social problem in Indonesia, particularly in cases involving intoxication and driver fatigue. This study aims to analyze the application of Indonesian positive law to fatal traffic negligence and evaluate the judicial reasoning in Decision No. 75/Pid.Sus/2023/PN Mnd of the Manado District Court. The research employed a normative juridical method using statute and case approaches. Primary legal materials consisted of the Indonesian Criminal Code, Law No. 22 of 2009 concerning Road Traffic and Transportation, and the relevant court decision, while secondary materials included legal doctrines, scholarly books, and journal articles related to criminal liability, negligence, and punishment. The findings show that Article 310 paragraph (4) of Law No. 22 of 2009 functions as lex specialis in relation to Article 359 of the Criminal Code because it specifically regulates negligent driving resulting in death within the context of road transportation. The court correctly established the legal elements of negligent driving causing death through evidence demonstrating that the defendant drove a motorcycle while intoxicated and severely fatigued, resulting in a fatal collision. However, the study also finds that the two-year imprisonment imposed by the court raises concerns regarding proportionality and victim-oriented justice because the punishment may not adequately reflect the seriousness of the defendant’s preventable risk-taking conduct and the irreversible loss suffered by the victim’s family. The study concludes that stronger sentencing consistency, clearer judicial reasoning, and broader integration between criminal sanctions and road-safety policies are necessary to improve traffic-law enforcement in Indonesia.

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