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All Journal AL-Daulah Veritas et Justitia Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia
Elvany, Ayu Izza
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Education Law, Crime, Criminology & Criminal Justice

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KEBIJAKAN FORMULATIF TINDAK PIDANA DI BIDANG PERLINDUNGAN MANGROVE BERBASIS KONSERVASI EKOSISTEM PESISIR Elvany, Ayu Izza
Veritas et Justitia Vol. 10 No. 2 (2024): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/vej.v10i2.8493

Abstract

Indonesia boasts extensive mangrove forests spanning over three million hectares, yet these are steadily declining due to harmful activities such as deforestation and land degradation. As a shoreside ecosystem, mangroves in seaside zones are also threatened by destructive management practices in coastal areas and on islands. This research analyzes Indonesia’s current criminal (formulative) policy regarding offences against mangrove conservation as part of offshore ecosystems and proposes a sustainable, approach-based formulative policy to promote mangrove sustainability in Indonesia’s coastal zones. This is doctrinal legal research, wherein the proposed legal issues are analyzed using both statutory and conceptual approaches. The findings indicate that the formulative policy regarding offences against mangrove conservation, specifically Article 73 paragraph (1) letter b and paragraph (2) of Law Number 1 of 2014 concerning Amendments to Law Number 27 of 2007 on Management of Coastal Areas and Small Islands, does not align with the sustainability principle that underpins coastal ecosystem conservation, including mangroves. The study highlights the need to amend the policy by explicitly incorporating corporate criminal liability and reconstructing the sentencing framework based on restorative justice and deterrence theory. These changes aim to strengthen criminal law as a last resort (‘ultimum remedium’) for protecting mangrove sustainability and conserving coastal ecosystems.  
CORPORATE CRIMINAL LIABILITY REGARDING IUU FISHING FOLLOWING THE JOB CREATION LAW ENACTMENT Elvany, Ayu Izza
Al-Daulah : Journal of Criminal Law and State Administration Law Vol 9 No 2 (2020): (December)
Publisher : Jurusan Hukum Tatanegara Fakultas Syariah dan Hukum Universitas Islam Negeri Alauddin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/ad.v9i2.17695

Abstract

This research analyses how is corporate criminal liability regulation in Indonesia regarding IUU Fishing following the enactment of the Job Creation Law. This research uses both statute approach and conceptual approach as the legal research methods to analyse the issued legal problem. Following the enactment of the Job Creation Law on 5th October 2020, some articles of Law No. 45 of 2009 amending law no. 31 of 2004 concerning Fishery are amended, including the corporate criminal liability regulation. This research’s analyses shows that in order to improve the effectiveness of IUU Fishing law enforcement, specifically the ones being committed by a corporation, the Job Creation Law needs to be amended, specifically its article concerning corporate criminal liability, by changing the used conjunction to ‘and/or, as regulated in the draft of Fishery Law as well. Furthermore, as the term of ‘person in charge’ is more appropriate, in case of corporate criminal liability system, than the one used in the Job Creation Law, which is ‘employee’, the Job Creation Law shall be revised by opting the former term into it.
KEBIJAKAN FORMULATIF TINDAK PIDANA DI BIDANG PERLINDUNGAN MANGROVE BERBASIS KONSERVASI EKOSISTEM PESISIR Elvany, Ayu Izza
Veritas et Justitia Vol. 10 No. 2 (2024): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/vej.v10i2.8493

Abstract

Indonesia boasts extensive mangrove forests spanning over three million hectares, yet these are steadily declining due to harmful activities such as deforestation and land degradation. As a shoreside ecosystem, mangroves in seaside zones are also threatened by destructive management practices in coastal areas and on islands. This research analyzes Indonesia’s current criminal (formulative) policy regarding offences against mangrove conservation as part of offshore ecosystems and proposes a sustainable, approach-based formulative policy to promote mangrove sustainability in Indonesia’s coastal zones. This is doctrinal legal research, wherein the proposed legal issues are analyzed using both statutory and conceptual approaches. The findings indicate that the formulative policy regarding offences against mangrove conservation, specifically Article 73 paragraph (1) letter b and paragraph (2) of Law Number 1 of 2014 concerning Amendments to Law Number 27 of 2007 on Management of Coastal Areas and Small Islands, does not align with the sustainability principle that underpins coastal ecosystem conservation, including mangroves. The study highlights the need to amend the policy by explicitly incorporating corporate criminal liability and reconstructing the sentencing framework based on restorative justice and deterrence theory. These changes aim to strengthen criminal law as a last resort (‘ultimum remedium’) for protecting mangrove sustainability and conserving coastal ecosystems.  
Penghentian Penuntutan Tindak Pidana Penyalahgunaan Narkotika Berdasarkan Keadilan Restoratif Di Kejaksaan Tinggi Jawa Tengah Elvany, Ayu Izza; Sasikirana, Reswara Padma
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 3 No. 6 NOVEMBER 2025
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

Abstract The development of law enforcement in Indonesia has long recognized the concept of restorative justice. The Attorney General's Guideline Number 18 of 2021 concerning the Resolution of Narcotics Abuse Criminal Cases Through Rehabilitation with a Restorative Justice Approach as the Implementation of the Principle of Dominus Litis by the Prosecutor serves as the legal basis for Public Prosecutors in handling narcotics abuse cases based on restorative justice. This study aims to examine the implementation of the Termination of Prosecution for Narcotics Abuse Crimes Based on Restorative Justice at the Central Java High Prosecutor's Office. The research method used is empirical legal research, employing a sociological approach. Data were collected through interviews, literature review, and document analysis. The results indicate that first, the considerations of the Central Java High Prosecutor's Office in approving proposals from District Prosecutor Offices regarding the termination of prosecution for narcotics abuse crimes based on restorative justice comply with the Attorney General's Guideline Number 18 of 2021 concerning the Resolution of Narcotics Abuse Criminal Cases Through Rehabilitation with a Restorative Justice Approach as the Implementation of the Principle of Dominus Litis by the Prosecutor. Second, although the implementation of the cessation of prosecution for drug abuse offenses has been carried out in accordance with the provisions of the Attorney General's Guidelines Number 18 of 2021, there are obstacles in its implementation related to the financing of rehabilitation for drug abuse, which is required to be funded by the State.
Kebijakan Formulatif Pencegahan dan Pemberantasan Tindak Pidana Pencucian Uang (Studi Perbandingan Indonesia dan Singapura) Maulana, Fasya Putri; Elvany, Ayu Izza
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 3 No. 6 NOVEMBER 2025
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract This research is motivated by the need for Indonesia to reform the law regarding money laundering crimes that are increasingly developing the types of actions. Currently, Indonesia has enacted Law No. 8 of 2010 on the Prevention and Eradication of the Crime of Money Laundering and most recently regulated in Law No. 1 of 2023 on the Criminal Code. Based on the Mutual Report Evaluation Financial Action Task Force, Singapore is one of the ASEAN countries that has the lowest level of money laundering crime with a strict regulatory structure. So the purpose of this research is to compare regulations between the two countries which hopefully can provide some ideal construction for legal reform in Indonesia. The research method used in this research is normative juridical research by examining secondary data document studies such as legislation and comparative approaches. Based on the research conducted, it is found that there are differences in legal formulations between Indonesia and Singapore, namely related to the broader scope of criminal acts of origin and clarity in several elements of the article so as not to cause various interpretations and there are differences in criminal sanctions for active, passive and corporate actors so as to provide a deterrent effect to perpetrators of money laundering. In addition, the results of this study will provide some forms of ideal construction that can be considered by policy makers to improve regulations related to money laundering in Indonesia.
Kebijakan Formulatif Sanksi Pidana Delik Korupsi Kerugian Keuangan Negara dalam KUHP Nasional Berbasis Tujuan Pemidanaan Deterrence Alghifari, Habil; Elvany, Ayu Izza
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 3 No. 6 NOVEMBER 2025
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

Abstract This study discusses the urgency and application of the theory of the purpose of deterrence punishment in the formulative policy of criminal sanctions against corruption crimes of state financial losses which specifically refer to the criminal provisions in Statute Number 1 of 2023 concerning the Criminal Code (National Criminal Code) which is the lex posterior of Statute Number 31 of 1999 concerning the Eradication of Corruption. This study uses a normative legal research method, so this study uses a philosophical, conceptual and legislative approach method. The results of this study indicate that the construction of criminal sanctions for corruption crimes of state financial losses in the National Criminal Code does not reflect the purpose of deterrence punishment which can be seen from the lightness of the criminal sanctions applied in corruption crimes of state financial losses. The results of the next study are to form an ideal concept related to the formulated policy of criminal sanctions for corruption crimes of state financial losses in the National Criminal Code using the economic analysis of law approach.
Co-Authors Alghifari, Habil Maulana, Fasya Putri Sasikirana, Reswara Padma