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All Journal Jurnal Ilmiah Hukum dan Hak Asasi Manusia
Maya Shafira
Universitas Lampung, Lampung, Indonesia
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Penegakan Hukum terhadap Praktik Destructive Fishing pada Perairan Lampung Naomi Maynarti Hutagalung; Maroni Maroni; Maya Shafira; Diah Gustiniati Maulani; Muhammad Farid
Jurnal Ilmiah Hukum dan Hak Asasi Manusia Vol 4 No 2 (2025): January
Publisher : Penerbit Goodwood

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/jihham.v4i2.4261

Abstract

Purpose: This study analyses law enforcement against destructive fishing practices in Lampung waters and the factors that can hinder it. Methodology: The research used a normative juridical approach and was supported by an empirical juridical approach. Primary and secondary data were used. Primary data are sourced from interviews, and secondary data are sourced from books, research results, and journals. Results: The study found that law enforcement against destructive fishing in Lampung involves three stages: formulation through relevant laws; implementation by the police with pre-emptive, preventive, and repressive actions; and execution through the punishment of offenders. Obstacles to enforcement include weak legal frameworks, reliance on Emergency Law Number 12 of 1951, limited patrol boats, lack of forensic laboratories, and low public legal awareness. These challenges have contributed to the continued prevalence of destructive fishing and have hindered effective law enforcement. Limitations: This research is limited to law enforcement against destructive fishing practices in Lampung waters and the factors that hinder it. Contribution: This research can be an educational tool for analysing law enforcement against destructive fishing practices in Lampung waters and the factors that hinder it.
Upaya Non Penal Penanggulangan Pembakaran Hutan dan Lahan di Provinsi Lampung Zalza Junior Edla; Maya Shafira; Muhammad Farid; Diah Gustiniati Maulani; Mamanda Syahputra Ginting; Refi Meidiantama
Jurnal Ilmiah Hukum dan Hak Asasi Manusia Vol 4 No 2 (2025): January
Publisher : Penerbit Goodwood

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/jihham.v4i2.4537

Abstract

Purpose: To purpose the non penal efforts in dealing with forest and land burning in Lampung Province. Methodology/approach: The methods used in this research are normative legal and empirical legal approaches, namely by conducting literature studies and field studies by seeking information through interviews. Result/findings: The findings show that based on data from the Lampung Regional Police (Polda), there have been no reports of forest and land fires in Lampung Province in recent years. However, data from the Ministry of Environment and Forestry shows that forest and land fires still often occur in the region. Therefore, overcoming criminal acts of forest and land burning requires serious and integrated efforts from various authorized parties. Conclusions: karhutla control in Lampung Province through non-penal efforts focuses on preventive and educational steps, such as counseling, patrols, and monitoring of hotspots by the Lampung Police and the Forestry Service. Collaboration with local governments, NGOs, and the community is the main strategy in reducing the number of karhutla. Meanwhile, non-penal efforts face obstacles such as limited personnel, minimal facilities, low public awareness, and the habit of clearing land by burning. Therefore, synergy between various parties is needed to increase the effectiveness of forest and land fire prevention and control. Limitations: This research only analyzes non-penal efforts to prevent forest and land fires in Lampung based on data from relevant agencies, without discussing the effectiveness of criminal law enforcement or the long-term impact of policies, apart from that, differences in reports from various sources are a challenge in obtaining a completely accurate picture of forest and land fire incidents in Lampung. Contribution: Making a positive contribution to agencies involved in preventing forest and land fires, so that they can play a more active role in improving law enforcement and protecting the community in the future.
Efforts to Address Sexual Violence Against Girls with Disabilities Ririn Wijayanti; Maya Shafira; Muhammad Farid; Diah Agustiniati; Refi Mediantama
Jurnal Ilmiah Hukum dan Hak Asasi Manusia Vol 5 No 2 (2026): January
Publisher : Penerbit Goodwood

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/jihham.v5i2.5187

Abstract

Purpose: This study aims to examine the effectiveness of legal responses to sexual violence against girls with disabilities in Indonesia, identifying gaps in protection and enforcement. Methodology/approach: Employing a normative-empirical legal analysis, the research reviews positive law provisions namely the Child Protection Act (UU No. 35/2014 as amended), the Disability Act (UU No. 8/2016), and the Sexual Violence Criminal Act (UU No. 12/2022) and analyzes Supreme Court and lower court decisions. Empirical data were gathered through semi-structured interviews with law enforcement officers and observations of case handling in selected provincial offices. Results/findings: Despite a comprehensive statutory framework, implementation is hampered by limited officer training, inadequate facilities, and low public awareness. Criminal legal protection for girls with disabilities remains neither fully effective nor sufficiently inclusive, with procedural delays and accessibility barriers persisting. Limitations: The study is constrained by its qualitative focus on selected jurisdictions and does not include quantitative victim-survey data, which may limit generalizability across all regions of Indonesia. Contribution: Engagement this research informs policymakers, legal practitioners, and disability rights advocates on improving justice outcomes for one of Indonesia’s most vulnerable groups. Conclusion: Legal protection for girls with disabilities who are victims of sexual violence is regulated by several laws in Indonesia, but its implementation remains ineffective due to limited understanding among law enforcement, inadequate facilities, and low public awareness. The main obstacles include unintegrated regulations, insensitive law enforcement officers, and limited legal services.
Analysis of Criminalization of Perpetrators of Human Trafficking Crimes Based on the Trilogy of Legal Objectives Dioz Thimoteus Togatorop; Maya Shafira; Muhammad Farid; Heni Siswanto; Refi Meidiantama
Jurnal Ilmiah Hukum dan Hak Asasi Manusia Vol 5 No 2 (2026): January
Publisher : Penerbit Goodwood

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/jihham.v5i2.5566

Abstract

Purpose: This study aims to analyze the modus operandi of human trafficking in Indonesia, its legal framework, and the application of criminal sanctions to perpetrators based on the legal objectives of justice, certainty, and utility. Methodology/approach: Using secondary sources and a normative juridical approach, this study analyzes statutes, regulations, and legal concepts through a descriptive-analytical method to assess the consistency of legislation and its application in human trafficking cases. Results/findings: Findings show that human trafficking in Indonesia involves sexual exploitation, forced labor, child trafficking, and organ trade, regulated under Law No. 21/2007, the Criminal Code, and Law No. 35/2014 on Child Protection. Conclusions: Human trafficking in Indonesia includes sexual exploitation, forced labor, child trafficking, and organ trade. It is addressed through Law No. 21/2007 as a lex specialis, supported by the Criminal Code and Child Protection Law. Limitations: This study uses a normative juridical analysis at a macro level, without empirical field data or direct perspectives, so it does not fully capture local implementation issues or judicial inconsistencies. Contribution: This research offers a theoretical and practical framework for harmonizing the trilogy of legal objectives in criminalizing human trafficking and sentencing policies in Indonesia.
Co-Authors Diah Agustiniati Diah Gustiniati Maulani Dioz Thimoteus Togatorop Heni Siswanto Mamanda Syahputra Ginting Maroni Maroni Muhammad Farid Muhammad Farid Naomi Maynarti Hutagalung Refi Mediantama Refi Meidiantama Ririn Wijayanti Zalza Junior Edla