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All Journal International Journal of Social Service and Research Sultan Adam : Jurnal Hukum dan Sosial Dialog Legal: Jurnal Syariah, Jurisprudensi dan Tata Negara
I Made Juni Artawan
Universitas Borobudur
Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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Weaknesses of Strict Liability Regulations in Environmental Crimes And Their Implications for the Effectiveness of Environmental Law Enforcement in Indonesia I Made Juni Artawan; Faisal Santiago
International Journal of Social Service and Research Vol. 6 No. 7 (2026): International Journal of Social Service and Research
Publisher : Ridwan Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/ijssr.v6i7.1425

Abstract

Environmental crimes have become a significant challenge to achieving sustainable development due to increasing industrial activities, natural resource exploitation, and environmental pollution. In Indonesia, environmental law enforcement continues to face substantial obstacles, particularly in addressing cases involving corporations and high-risk activities. Although the strict liability principle regulated under Article 88 of Law Number 32 of 2009 concerning Environmental Protection and Management is intended to strengthen accountability without requiring proof of fault, its implementation remains limited because environmental criminal provisions continue to emphasize fault-based liability under Articles 98 and 99. This study aimed to examine the weaknesses of strict liability regulations in environmental crimes and analyze their implications for the effectiveness of environmental law enforcement in Indonesia. This research employed a normative juridical method using statutory and analytical approaches by examining relevant legal provisions, legal doctrines, scientific literature, and environmental law regulations. The findings indicated that the main weaknesses of strict liability regulations included the lack of integration between strict liability provisions and environmental criminal liability mechanisms, uncertainty regarding their application in criminal proceedings, and limitations in imposing accountability on corporations for environmental damage. These weaknesses have created challenges in evidentiary processes and reduced the effectiveness of environmental law enforcement. This study concluded that regulatory reform was required to systematically integrate strict liability principles into environmental criminal law mechanisms to strengthen legal certainty, enhance corporate accountability, and promote sustainable environmental protection in Indonesia.
Legal Void Regarding Discretion In The Police and The Urgency of Its Reformulation I Made Juni Artawan; Evita Isretno Israhadi
Dialog Legal: Jurnal Syariah, Jurisprudensi dan Tata Negara Vol. 2 No. 1 (2026): Januari
Publisher : Sekolah Tinggi Ilmu Syariah Wal Aqidah Ash-Shofa Manonjaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64367/dialoglegal.v2i1.146

Abstract

Discretion is an integral part of the authority of law enforcement officers in the modern state administration system, including within the Indonesian National Police. In the context of dynamic police duties and functions that often confront unexpected situations, discretion provides a means for officers to act swiftly to maintain public order and security. However, the use of discretion by the police also carries the potential for legal issues if not supported by a clear and measurable normative framework. The fundamental problem that arises is the indication of a legal vacuum or unclear boundaries and mechanisms for implementing such discretion, which have implications for the accountability of officers' actions in the field. The absence of detailed guidelines often leads to overlapping legal interpretations and opens up loopholes for abuse of authority. It raises an urgent need to reformulate the regulation of discretion in Indonesian police law to align with the principles of a state based on the rule of law that guarantee legal certainty, justice, and the protection of human rights. This research uses a normative juridical method, an approach that focuses on the study of primary and secondary legal materials, including laws, legal literature, and other relevant normative documents. This approach aims to analyze the concept of discretion in administrative law, evaluate applicable laws and regulations, and identify normative deficiencies in current police discretionary arrangements. With this framework, this research is expected to provide theoretical and practical contributions to the development of a more responsive and accountable police legal system
Legal Reform to Address the Regulatory Gap on Deepfakes as a Digital Manipulation Tool that Threatens Civil Rights Based on a Legal Philosophy Perspective Yovid; I Made Juni Artawan; Zainal Arifin Hoesein
SULTAN ADAM: Jurnal Hukum dan Sosial Vol 4 No 2 (2026): Juli-Desember 2026
Publisher : Yayasan Pendidikan Tanggui Baimbaian

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71456/sultan.v4i2.2210

Abstract

Advances in artificial intelligence (AI) technology have given rise to deepfake technology, which is capable of realistically manipulating images, videos, and audio, thereby posing a potential threat to the civil rights of the public. The misuse of deepfakes can result in violations of the rights to privacy, personal identity, good name, reputation, and economic rights regarding one’s own image. The primary issue faced is the absence of specific regulations regarding deepfakes within the Indonesian legal system, resulting in a legal vacuum (rechtvacuum) and legal uncertainty (rechtsonzekerheid). This study aims to analyze the legal issues surrounding the use of deepfakes, examine the regulatory gaps in the Indonesian legal system, and formulate legal reforms based on a legal philosophy perspective. The research method employed is normative legal research using a statutory approach and a conceptual approach. The results of the study indicate that the provisions in the Electronic Information and Transactions Law, the Personal Data Protection Law, the Copyright Law, and the Civil Code have not been able to provide comprehensive protection against the misuse of deepfakes. Legal reform is necessary through the establishment of specific regulations governing definitions, legal liability, takedown mechanisms, and the restoration of victims’ rights to achieve justice, legal certainty, and public interest.
Legal Reconstruction of the Oversight of Government Officials’ Discretion in the Context of Preventing Abuse of Authority and Safeguarding the Public Interest I Made Juni Artawan; Zainal Arifin Hoesein
SULTAN ADAM: Jurnal Hukum dan Sosial Vol 4 No 2 (2026): Juli-Desember 2026
Publisher : Yayasan Pendidikan Tanggui Baimbaian

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71456/sultan.v4i2.2217

Abstract

This study aims to analyze the regulation and implementation of discretionary supervision of government officials in the Indonesian state administrative law system, identify problems that hinder the effectiveness of preventing the abuse of authority, and formulate a legal reconstruction model for discretionary supervision to provide optimal protection of the public interest. The study uses a normative juridical method, employing a statutory and conceptual approach through analysis of laws and regulations, doctrines, and theories of state administrative law. The results of the study indicate that discretionary supervision still faces various problems in the form of unclear parameters for abuse of authority, overlapping authority between the Government Internal Supervisory Apparatus (APIP), the Ombudsman of the Republic of Indonesia, the State Administrative Court, and law enforcement officials, and a lack of integration of the supervisory system that causes legal uncertainty. These conditions have the potential to lead to maladministration, state losses, and violations of public rights. The proposed legal reconstruction is carried out through strengthening preventive supervision, harmonizing the authority of supervisory institutions, establishing clear indicators regarding abuse of authority, providing legal protection for officials who act in good faith, and developing an information technology-based supervisory system. This model is expected to be able to realize legal certainty, justice, benefit, and protection of public interests in the administration of government.
Co-Authors Evita Isretno Israhadi Faisal Santiago Yovid Zainal Arifin Hoesein