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All Journal Decisio: Jurnal Ilmiah Hukum Humaniorum Journal
Yana Sukma Permana
IBLAM School of Law
Humanities Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Other

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Penegakan Hukum Pidana Lingkungan terhadap Korporasi dalam Perspektif UU PPLH dan Prinsip Strict Liability Muhammad Karimuallah; Yana Sukma Permana
Decisio: Jurnal Ilmiah Hukum Vol 2 No 2 (2025): DECISIO
Publisher : LPPM Iblam School of Law

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52249/decisio.v2i2.24

Abstract

Environmental criminal law enforcement against corporations remains a crucial issue in Indonesia, particularly in the context of the Environmental Protection and Management Act (UU PPLH) and the application of strict liability. Despite legal recognition of strict liability, its implementation faces various obstacles, including regulatory inconsistencies and corporate legal maneuvers to evade responsibility. This study examines how strict liability is applied in environmental criminal cases and the challenges hindering its effectiveness. A comprehensive understanding of these issues is essential to strengthen environmental law enforcement mechanisms.This research employs a qualitative method with a normative legal approach, focusing on regulatory analysis and legal norm interpretation. Data were obtained through an extensive literature review of primary legal sources, including laws, regulations, and court rulings, supported by secondary sources such as legal journals and academic studies. Findings indicate that although strict liability is theoretically applicable, its enforcement is often inconsistent due to the complexity of corporate structures and limitations in law enforcement capacity. The study also highlights the need for regulatory reinforcement and institutional strengthening to ensure more effective corporate accountability for environmental crimes. Moreover, collaboration between the government, legal practitioners, and civil society is necessary to enhance monitoring and prosecution efforts. Strengthening these aspects can lead to better environmental protection and increased corporate compliance with sustainable business practices.
Peran Aparat Penegak Hukum dalam Penerapan Restorative Justice terhadap Tindak Pidana Anak di Indonesia Ichsan Izzul Hag; Yana Sukma Permana
Decisio: Jurnal Ilmiah Hukum Vol 2 No 1 (2025): DECISIO
Publisher : LPPM Iblam School of Law

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52249/decisio.v2i1.26

Abstract

Restorative justice is a legal approach that prioritizes rehabilitation over punishment, particularly in cases involving juvenile offenders. In Indonesia, law enforcement officers play a crucial role in implementing restorative justice, yet various structural and cultural barriers hinder its effectiveness. Despite the existence of supporting regulations, challenges such as inadequate legal awareness, limited resources, and retributive legal culture persist. Addressing these issues is essential to ensure a fair and rehabilitative juvenile justice system. This study employs a qualitative method with a normative legal approach, focusing on regulatory analysis and legal interpretation. Data collection is conducted through comprehensive literature studies, including primary, secondary, and tertiary legal materials. The findings indicate that law enforcement officers act as key facilitators in restorative justice, but their limited training and institutional support hinder optimal implementation. The study also reveals that public perception still leans toward punitive measures, reducing the acceptance of restorative approaches. Strengthening legal frameworks, improving law enforcement training, and enhancing public awareness are necessary steps to overcome these barriers. A collaborative effort between the government, legal institutions, and society is crucial to fully realize the potential of restorative justice for juvenile offenders in Indonesia.
Analisis Yuridis Terhadap Perubahan Status Perjanjian Kerja Waktu Tertentu Menjadi Waktu Tidak Tertentu Berdasarkan Peraturan Syahdan Syahdan; Yana Sukma Permana
HUMANIORUM Vol 4 No 1 (2026): Jurnal Humaniorum
Publisher : PT Elaborium Elevasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/hmr.v4i1.161

Abstract

This study aims to analyze the application of the principle of substantive justice in the conversion of Fixed-Term Employment Agreements (PKWT) into Indefinite-Term Employment Agreements (PKWTT) under Indonesian labor law. The issue arises from the misuse of PKWT for permanent and continuous work, which disadvantages workers and creates inequality in industrial relations. This research employs a normative legal method using statutory and conceptual approaches through literature review of legislation, legal doctrines, and relevant court decisions. The findings indicate that the legal framework governing the conversion of PKWT into PKWTT is clearly stipulated in Law No. 13 of 2003 as amended by Law No. 6 of 2023 and Government Regulation No. 35 of 2021. Such conversion functions as an automatic legal protection mechanism when the legal requirements of PKWT are violated. The application of substantive justice in this conversion seeks to ensure job security, protection of workers’ normative rights, and balance between workers’ and employers’ interests. However, its effectiveness is hindered by weak supervision, formalistic legal approaches, and limited legal literacy among workers. Therefore, synergy among the government, employers, and workers is essential through regulatory strengthening, effective supervision, social dialogue, and empowerment of labor unions to achieve fair, harmonious, and sustainable industrial relations
Co-Authors Ichsan Izzul Hag Muhammad Karimuallah Syahdan Syahdan