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All Journal Journal Indonesia Law and Policy Review (JILPR)
Irawan Harahap
Lancang Kuning University, Pekanbaru, Indonesia
Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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IMPLEMENTATION OF ABSOLUTE LIABILITY IN ENVIRONMENTAL DISPUTE RESOLUTION IN THE PROTECTION AND MANAGEMENT FRAMEWORK IN INDONESIA Sonny Magranta Silaban; Anna Juliarti; Irawan Harahap
JILPR Journal Indonesia Law and Policy Review Vol. 7 No. 3 (2026): Journal Indonesia Law and Policy Review (JILPR), June 2026
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56371/jirpl.v7i3.698

Abstract

In forest and land fire cases, the focus of evidence is not solely directed at the perpetrator's intent or fault, but rather on the link between business activities and the occurrence of environmental damage that results in ecological and social losses. The purpose of this study is to analyze the regulations for resolving environmental disputes in Indonesia and to analyze the application of strict liability in resolving environmental disputes within the framework of protection and management in Indonesia. Based on the results of the study, it is known that the regulation of environmental dispute resolution in Indonesia has been comprehensively regulated in Law Number 32 of 2009 concerning Environmental Protection and Management through settlement mechanisms outside the courts (non-litigation) and through the courts (litigation). These regulations aim to provide legal protection to communities harmed by environmental pollution and/or damage and ensure the restoration of environmental functions. In addition to regulating individual lawsuits, the UUPPLH also recognizes class action lawsuits, the right to sue environmental organizations (legal standing), and the right to sue the government as instruments for enforcing environmental law oriented towards sustainable environmental protection. The application of strict liability in environmental dispute resolution strengthens environmental legal protection as specified in Article 88 of the Environmental Management Law (UUPPLH). This principle exempts victims from the obligation to prove fault on the part of the business actor and only requires the existence of losses and a link between the activity and the resulting environmental impact. The application of strict liability reflects the implementation of the polluter pays principle and the precautionary principle in Indonesian environmental law, thereby increasing the effectiveness of law enforcement and encouraging business actors to be more responsible in environmental management.
IMPLEMENTATION OF REGISTRATION OF INDIVIDUAL COMPANIES THROUGH THE GENERAL LEGAL ADMINISTRATION SYSTEM ONLINE Wahyuni Rizki; Irawan Harahap; Miftahul Haq
JILPR Journal Indonesia Law and Policy Review Vol. 7 No. 2 (2026): Journal Indonesia Law and Policy Review (JILPR), February 2026
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56371/jirpl.v7i2.745

Abstract

This study aims to analyze the implementation of Sole Proprietorship registration through the Online General Legal Administration System (AHU) in Pekanbaru City, identify obstacles encountered in its implementation, and examine efforts made to overcome these obstacles. Sole Proprietorship is a form of legal entity intended for Micro and Small Enterprises (MSEs) as regulated in Law Number 6 of 2023 concerning the Stipulation of Government Regulation in Lieu of Law Number 2 of 2022 concerning Job Creation into Law and Government Regulation Number 8 of 2021. This study uses a sociological legal research type with an empirical approach. Data were obtained through interviews with officials from the Riau Province Ministry of Law Regional Office, the Pekanbaru City Investment and One-Stop Integrated Service Office, and Micro and Small Enterprises, supported by literature studies. Data analysis was conducted qualitatively using descriptive methods. The results of the study indicate that the implementation of Sole Proprietorship registration through AHU Online in Pekanbaru City has been running in accordance with the provisions of laws and regulations and provides convenience in the form of a fast, simple, affordable process, and can be done electronically. However, its implementation has not been optimal due to various obstacles, including low understanding of MSEs regarding Sole Proprietorships (Private Partnerships), limited ability to use information technology, and suboptimal socialization and mentoring activities. Efforts made to overcome these obstacles include increasing socialization to the community, providing technical assistance to MSEs in the registration process through AHU Online, and strengthening coordination between relevant agencies to improve the effectiveness of policy implementation. Thus, continuous synergy is needed between the government and business actors so that the goal of establishing a Sole Proprietorship as a legal business instrument for MSEs can be optimally realized.
IMPLEMENTATION OF LOCAL GOVERNMENT RESPONSIBILITY FOR DAMAGED ROADS Zulkarnaini; Irawan Harahap; Miftahul Haq
JILPR Journal Indonesia Law and Policy Review Vol. 7 No. 2 (2026): Journal Indonesia Law and Policy Review (JILPR), February 2026
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56371/jirpl.v7i2.746

Abstract

The purpose of this study is to analyze the implementation of local government responsibility for damaged roads in Tapung Hulu District, Kampar Regency, to analyze the obstacles in the implementation of local government responsibility for damaged roads in Tapung Hulu District, Kampar Regency, and to analyze efforts to overcome obstacles in the implementation of local government responsibility for damaged roads in Tapung Hulu District, Kampar Regency. The method used is sociological legal research. Based on the results of the study, it is known that the implementation of local government responsibility for damaged roads in Tapung Hulu District, Kampar Regency has not been running optimally because there are still road sections that have been damaged for a relatively long time, thus affecting the safety of road users, the smooth mobility of the community, and economic activities. This condition indicates that the implementation of local government obligations has not fully met the principles of implementing safe, secure, sustainable roads and providing quality public services as mandated by laws and regulations. The obstacles are: First, limited regional financial capacity causes the budget for road maintenance and improvement to not be able to meet all the needs for road infrastructure development. Second, the weak road monitoring and maintenance system causes minor damage not to be immediately addressed so that it develops into severe damage that requires greater rehabilitation costs. Third, the less than optimal implementation of criminal liability against road operators who neglect to carry out their obligations as stipulated in Article 24 and Article 273 of Law Number 22 of 2009 concerning Road Traffic and Transportation, so that the preventive function of criminal law has not provided a deterrent effect in increasing compliance of road operators with their legal obligations.
CRIMINAL RESPONSIBILITY OF PERPETRATORS OF ASSAULT DUE TO SOCIAL CONFLICT IN KAMPAR REGENCY Boby Putra Ramadhan Sebayang; Irawan Harahap; Miftahul Haq
JILPR Journal Indonesia Law and Policy Review Vol. 7 No. 3 (2026): Journal Indonesia Law and Policy Review (JILPR), June 2026
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

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

Abstract

The purpose of this study is to analyze the criminal liability of perpetrators of assault due to social conflict in Kampar Regency, to analyze the obstacles to criminal liability of perpetrators of assault due to social conflict in Kampar Regency, and to analyze efforts to overcome these obstacles. The method used is sociological legal research. Based on the research results, it is known that Criminal Liability of Perpetrators of Assault Due to Social Conflict in Kampar Regency can be imposed as long as it can be proven that there was an unlawful act and the perpetrator was at fault. However, in practice, proving the element of fault becomes more complex because the incident occurred on a mass scale and was influenced by the conflict situation. Criminal accountability fundamentally adheres to the basic principles of criminal law, namely the existence of fault, the capacity to take responsibility, and the absence of justification or excuse. In the context of Law Number 1 of 2023 concerning the National Criminal Code, assault remains a criminal act for which individual responsibility must be met, even when occurring in situations of social conflict involving many people. Various obstacles exist in the criminal accountability process, including the difficulty of obtaining evidence and the lack of witnesses, the strong culture of family resolution in society, the limited number of law enforcement personnel, and the influence of mass emotions and group solidarity. These obstacles prevent the law enforcement process from always being effective and optimal. Efforts to overcome these obstacles require various measures, such as strengthening the evidentiary system and witness protection, optimizing the selective application of restorative justice, increasing the capacity of law enforcement officers, and increasing public education and legal awareness. These efforts are expected to strengthen the effectiveness of law enforcement and create a balance between justice, legal certainty, and expediency.
Co-Authors Anna Juliarti Boby Putra Ramadhan Sebayang Haq, Miftahul Sonny Magranta Silaban Wahyuni Rizki Zulkarnaini