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Ultimum Remedium in Environmental Criminal Law Enforcement Aprilia Dyah Puspitasari; Abdullah Tri Wahyudi; Wardah Yuspin
Jurnal Ilmu Sosial dan Humaniora Vol. 2 No. 1 (2026): JANUARI-MARET
Publisher : Indo Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63822/hyx9vc50

Abstract

In environmental cases, some have adopted the principle of Ultima Ratio as a last resort to address the problem. The aim is to enforce environmental law, distinct from criminal law enforcement, and to apply the Ultimum Remedium Principle of Environmental Law according to Positive Law. This study employs a normative juridical method and literature-based data collection techniques. The results of the Research are the principle of ultimum remedium (last resort) in resolving environmental criminal cases. In 2024, police case files at the investigation stage were not completed for 187 cases, and in 2025, case files in Pegcourt were not completed for 21 cases. The criminal process involves police reports, stalking investigations at the prosecutor's office, and court verdicts. Ultimum Remedium is invoked to encourage settlement through mediation. In 2024, there will be 32 cases outside the Court with agreements, and in 2025, 38 cases with contracts and negotiations. The conclusion is that the Law and Government Regulation on Environmental Management regulates environmental law enforcement through criminal law. Under government regulations, environmental damage can be subject to administrative, civil, and criminal penalties. In addition, the term Ultimum Remedium encourages mediation through agreements or negotiations.
State Failure to Guarantee the Human Right to Health: A Case Study of Food Poisoning in the Free Nutritious Meal (MBG) Program Abdullah Tri Wahyudi; Aprilia Dyah Puspitasari; Ikhsan Rahmat Wakid; Vela Retna Widyastuti
Human Rights et Justicia Vol. 2 No. 1 (2026): Human Rights et Justicia
Publisher : Yayasan Abdurrauf Cendekia Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70742/hrj.v2i1.1141

Abstract

Based on data on the prevalence of stunting in Indonesia, the stunting rate was recorded at 21.60% in 2022, followed by a slight decline to 21.50% in 2023 and a further decrease to 19.80% in 2024. The government has set a target to further reduce the prevalence of stunting to 18%. One of the measures undertaken by the government to reduce stunting while simultaneously supporting the development of the quality and intellectual capacity of the younger generation is the implementation of the Free Nutritious Meals (MBG) Program. However, the implementation of the program has not proceeded entirely as expected. Several problems in the implementation of the MBG Program have affected its beneficiaries, including incidents of food poisoning involving students and teachers. In response to these issues, this study employs a normative juridical legal research method using secondary data obtained from legislation, official government websites, books, journals, articles, and other relevant scholarly works. The collected data were analyzed through several stages, namely data reduction, which involved collecting and selecting relevant data; data display; and drawing conclusions. The findings indicate that the MBG Program constitutes one of the government policies aimed, among other objectives, at supporting efforts to address stunting. Nevertheless, several shortcomings in its implementation have resulted in incidents of food poisoning affecting students and teachers. The fulfillment of the rights of victims of food poisoning associated with the implementation of the MBG Program has not been fully ensured by the government. The rights that have been fulfilled have primarily been limited to physical health recovery, while the psychological recovery of victims has not received adequate attention. Furthermore, victims have not received compensation from the government. In fact, the fulfillment of victims' rights following food poisoning incidents constitutes an integral part of the respect for and protection of human rights. As a follow-up to these incidents, the government, together with the National Nutrition Agency (BGN), has conducted an evaluation of the implementation of the MBG Program with the aim of preventing similar incidents from recurring. In addition to conducting the evaluation, the government has also imposed sanctions in the form of the closure of Nutrition Fulfillment Service Units (SPPG) associated with the occurrence of these incidents.