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Legal Responsibility for Perpetrators of Burning Electronic Component Waste in Open Spaces Joejoen Tjahjanjani; Enik Isnaini; Khairun Nida; Hendy Surya Pradana
Jurnal Independent Vol. 13 No. 2 (2025): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v13i2.392

Abstract

Environmental pollution, especially caused by the open burning of waste electronic components, is very dangerous to the environment and living things. In addition, electronic waste has various forms, so there is a need for environmental legal regulations that regulate electronic waste specifically. The research method in this study uses a normative juridical research type, with a statute approach and a concept approach. The primary legal material used is Law Number 32 of 2009 concerning Environmental Protection and Management. From the results of the research carried out, it can be concluded that; First, that the legal basis for environmental pollution due to the open burning of electronic component waste refers to Government Regulation Number 101 of 2014 concerning the Management of Hazardous and Toxic Materials Article 5 Paragraph (2) because this type of waste should not be disposed of carelessly because the content in it can damage the environment. That for the management of electronic component waste, it must be carried out by a licensed and certified institution from the Ministry of Environment and Forestry Second, that legal sanctions against the perpetrators of the disclosure of electronic component waste include administrative sanctions that do not exempt the person in charge of the business and activity from the responsibility for recovery, civil sanctions are aimed at every person in charge of the business or activity that violates the law in the form of environmental pollution, criminal sanctions resulting from exceeding ambient air quality standards, water quality standards, seawater quality standards or deliberate environmental damage, because the effects of open burning due to electronic component waste are very harmful to the environment.
Freedom of Expression in Critical Content on Public Infrastructure via Social Media Muhammad Chusnul Khitam; Enik Isnaini; Putri Ainiyatur Rizkiyah
Jurnal Independent Vol. 13 No. 2 (2025): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v13i2.393

Abstract

Freedom of speech is the right of every person to express their opinions regarding criticism, suggestions, and opinions. One form of conveying criticism is by creating content related to public infrastructure. Based on this background, the author proposes a formulation of the problem, namely, first, how are the legal rules for freedom of speech on social media. Second, how is the legal protection for content creators criticizing public infrastructure on social media. This research method uses a normative juridical research type, with a statute approach. The legal materials used are primary legal materials including: the 1945 Constitution, Law Number 9 of 1998, Law Number 39 of 1999 and Law Number 1 of 2024, the second amendment to Law Number 11 of 2008. From the results of the study, it can be concluded that: the legal rules for freedom of opinion on social media are regulated in Article 28E paragraph (3) of the 1945 Constitution, regulated in Article 1 paragraph (1) of Law Number 9 of 1998 and in Article 23 paragraph (2) of Law Number 39 of 1999. And legal protection for creators of content criticizing public infrastructure is regulated in Article 28F of the 1945 Constitution and regulated in Article 14 paragraph (2) of Law Number 39 of 1999, and based on the Constitutional Court Decision Number 105/PUU-XXII/2024. Given that the rights that a person has carry the consequence of an obligation to respect the rights of others or with society, then this right does need to be limited. This limitation is regulated in Law Number 1 of 2024, the second amendment to Law Number 11 of 2008, where this limitation also plays a role as an ethic in interacting through various media, one of which is social media.