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All Journal Veritas et Justitia JURNAL USM LAW REVIEW Journal of Economic & Business Law Review PUSKAPSI Law Review Jurnal Anti Korupsi Acten Journal Law Review PUSKAPSI Law Review
Nugroho, Fiska Maulidian
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Humanities Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Journal : Journal of Economic

 1 
Mengganti Kerugian Ekologi melalui Perspektif Pidana Denda Nugroho, Fiska Maulidian
Journal of Economic and Business Law Review Vol. 4 No. 2 (2024): Journal of Economic & Business Law Review
Publisher : Pusat Kajian Hukum Perbankan Fakultas Hukum Universitas Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jeblr.v4i2.53373

Abstract

The pattern of punishment through fines is not widely discussed, especially for law enforcement in the natural resources regime. Fines are always formulated together with other criminal threats, namely imprisonment because of its nature as a form of basic punishment. However, when the fine punishment is faced with acts that cause natural resources losses, the fine punishment has not been seen as a frightening threat or even more deterrent. Therefore, it is important to have a legal concept in a criminal perspective as a replacement for ecological damage. The purpose of this research is to find out the extent of criminal fines and its development, along with an in-depth analysis of criminal fines imposed on corporations to recover ecological losses in the future. This research method uses dogmatic legal research, which is based on literature review, policy, and current knowledge. The results of the discussion of this research include, fines are still not too favoured to deter criminals whose actions are charged with the consequences of damage to natural resources. Criminal fines also need to be reformulated through the basis and perspective of ecological losses, so that the content of the use of ecological losses can be the basis for higher and more optimal criminal fines.
Perlindungan Hukum Pidana Terhadap Transaksi Yang Mempunyai Tujuan Pembayaran Menggunakan Mata Uang Rupiah Di Indonesia Rafika, Aliya tur; Iriyanto, Echwan; Nugroho, Fiska Maulidian
Journal of Economic and Business Law Review Vol 2 No 2 (2022): Journal of Economic & Business Law Review
Publisher : Pusat Kajian Hukum Perbankan Fakultas Hukum Universitas Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (318.933 KB) | DOI: 10.19184/jeblr.v2i2.28987

Abstract

Abstract Transactions that have the purpose of payment in the territory of Indonesia use the rupiah currency as stipulated in Law no. 7 of 2011 concerning Currency. However, the "Mualamah Market" uses dinar and dirham payment transactions, and Indonesia's border areas with Malaysia, Singapore and Timor Leste are very vulnerable to using Ringgit, Singapore Dollars and US Dollars as well as lawyers being paid using foreign currencies and there are still many cases other. The purpose of this study is to determine the form of criminal threats that can provide a deterrent effect on perpetrators and can scare the general public so that all people in the territory of Indonesia use the rupiah currency in transactions that have a payment purpose. The methodology used is normative juridical by using a statutory, conceptual, historical and comparative approach with the support of the theory of punishment and legal certainty or the principle of legality, as well as the principle of territoriality. The results of this study indicate that every transaction that has the purpose of payment in the territory of Indonesia is required to use the rupiah currency. 7 of 2011 concerning Currency. The criminal threat in Article 33 paragraph (1) of Law no. 7 of 2011 concerning Currency is not in accordance with the theory of punishment (combined theory) because the sanctions are too light, both fines and physical crimes so that the sanctions are not yet effective to provide a deterrent effect or frighten the general public. Keywords: Criminal Law Protection, Payment Transactions, and Rupiah
Co-Authors Al Farizy, Mohammad Rafi Antariksa, Aiden Gumilang Dewanto, Ari Echwan Iriyanto Eskanugraha, Andika Putra Fajrin, Dian Rahmawati Ghufron, Nurul Herlangga, Armanda I Gede Widhiana Suarda Maulana, Agam Ningtyas, Inez Cahya Ayu Nurhayati, Dwi Endah Ohoiwutun, Y A Triana Prakoso, Bhim Rafika, Aliya tur Ramadhani, Kyagus Samsudi . Samuel Saut Martua Samosir Sangadji, Basri Muhammad Ridwan Setiyoargo, Arief Supriyadi, Jihan Paramita Suyudi, Godeliva Ayudyana widowati widowati Y. A. Triana Ohoiwutun, Y. A. Triana