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Criminal Mediation in the Settlement of Unlicensed Small-Scale Mining Crimes in the Jurisdiction of the East Java Regional Police Qoirul Khitam Bastomi; I Nyoman Nurjaya; Istislam Istislam
Jurnal Ius Constituendum Vol. 10 No. 3 (2025): OCTOBER
Publisher : Magister Hukum Universitas Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26623/jic.v10i3.12276

This study aims to analyze the effectiveness of the penal mediation approach in resolving illegal mining crimes (PETI) in the jurisdiction of the East Java Regional Police, which has been dominated by a repressive approach and has caused complex social, economic, and ecological problems. The repressive approach has failed to address the root causes of the problem, and PETI is often carried out by economically vulnerable groups due to an inclusive bureaucracy. The research method employed is a sociological-legal approach, combining normative analysis of legal regulations (das sollen) with empirical studies of law enforcement practices in the field (das sein). The research findings indicate that criminal mediation has gained legal legitimacy through various regulations, including the 2023 National Criminal Code, Police Regulation No. 8 of 2021, and Regulation No. 15 of 2020. In East Java, 393 PETI cases were resolved using this approach during 2023–2024, preventing 1,650 offenders from conventional litigation and saving law enforcement budgets. This approach reflects the renewal of Indonesian criminal law, which not only punishes but also restores and empowers. This study provides empirical evidence on the application of panel mediation in environmental criminal cases, an area rarely explored in previous research.

Legal Certainty in the Granting of Land Rights to Indigenous Law Communities in Coastal Areas Rizky Alif Akbar; I Nyoman Nurjaya; Mohammad Hamidi Masykur
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 21 No. 2 (2025): September
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v21i2.311

The Indonesian Constitution, through Article 18B paragraph (2), Article 28I paragraph (3), and Article 33 paragraph (3) of the 1945 Constitution of the Republic of Indonesia, expressly mandates the recognition and respect of indigenous legal communities (MHA) and their traditional rights, and places natural resources under the control of the state for the greatest prosperity of the people. However, current positive legal practices show inconsistencies, particularly in the provisions of Article 22 of the Coastal Areas and Small Islands Law, which has been amended through the Job Creation Law with Article 138 paragraph (4) of Government Regulation Number 21 of 2021. This inconsistency has an impact on legal uncertainty in MHA management areas, the potential for criminalization of coastal indigenous communities, conflicts of authority between ministries, and the neglect of the principle of legal pluralism guaranteed by the constitution. This research uses a normative juridical method with a statutory and conceptual regulatory approach, supported by primary, secondary, and tertiary legal materials that are analyzed prescriptively through systematic and teleological interpretation. The research findings indicate that an ideal formulation of ius constituendum is needed through a paradigm shift in natural resource management from state-based to community-based, automatic recognition of indigenous peoples' (MHA) management areas, legal certainty in the RTRW (Regional Spatial Plan), preventive and repressive legal protection, and the establishment of customary territory management institutions. These regulations are crucial for realizing a national legal system that guarantees legal certainty, substantive justice, social benefits, and the sustainability of coastal ecosystems.

IMPLICATIONS OF CONSTITUTIONAL COURT DECISION NUMBER 003/PUU-IV/2006 ON THE APPLICATION OF UNLAWFUL ELEMENTS IN ARTICLE 2 OF THE CORRUPTION ERADICATION LAW Fitra Kusuma, Febri; I Nyoman Nurjaya; Yuliati
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 4 No. 1 (2024)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v4i1.1388

One of the elements found in Article 2 of the Corruption Law is the element of illegality. In the explanation of Article 2, it is stated that "illegality" refers to both material and formal illegality. However, in 2006, the Constitutional Court issued a decision regarding the Formal Review of the phrase "illegality" in Article 2 of the Corruption Law through Constitutional Court Decision Number 003/PUU-IV/2006. In this decision, the judges declared that the explanation in Article 2 of the Corruption Law no longer has legally binding force. This means that the element of illegality in Article 2 of the Corruption Law can only be interpreted as a formal illegality element. Nevertheless, in practice, there are still court decisions that interpret the element of illegality in Article 2 of the Corruption Law as a material illegality element. Using the normative juridical research method, this study aims to address the issues related to the implementation of the element of illegality in Article 2 of the Corruption Law after the issuance of Constitutional Court Decision Number 003/PUU-IV/2006. This study concludes that judges can still interpret the element of illegality in Article 2 of the Corruption Law as a material illegality element by considering Article 28 paragraph (1) of Law No. 4 of 2004 concerning the Judicial Authority, which states "Judges are obliged to explore, follow, and understand the legal values and sense of justice prevailing in society."

IMPLICATIONS OF CONSTITUTIONAL COURT DECISION NUMBER 003/PUU-IV/2006 ON THE APPLICATION OF UNLAWFUL ELEMENTS IN ARTICLE 2 OF THE CORRUPTION ERADICATION LAW Febri Fitra Kusuma; I Nyoman Nurjaya; Yuliati
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 4 No. 1 (2024)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v4i1.1437

One of the elements found in Article 2 of the Corruption Law is the element of illegality. In the explanation of Article 2, it is stated that "illegality" refers to both material and formal illegality. However, in 2006, the Constitutional Court issued a decision regarding the Formal Review of the phrase "illegality" in Article 2 of the Corruption Law through Constitutional Court Decision Number 003/PUU-IV/2006. In this decision, the judges declared that the explanation in Article 2 of the Corruption Law no longer has legally binding force. This means that the element of illegality in Article 2 of the Corruption Law can only be interpreted as a formal illegality element. Nevertheless, in practice, there are still court decisions that interpret the element of illegality in Article 2 of the Corruption Law as a material illegality element. Using the normative juridical research method, this study aims to address the issues related to the implementation of the element of illegality in Article 2 of the Corruption Law after the issuance of Constitutional Court Decision Number 003/PUU-IV/2006. This study concludes that judges can still interpret the element of illegality in Article 2 of the Corruption Law as a material illegality element by considering Article 28 paragraph (1) of Law No. 4 of 2004 concerning the Judicial Authority, which states "Judges are obliged to explore, follow, and understand the legal values and sense of justice prevailing in society."

Global Principles of Sustainable Tourism Development Ecological, Economic and Cultural I Nyoman Nurjaya
Sociological Jurisprudence Journal Vol. 5 No. 2 (2022)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.5.2.2022.97-106

Indonesia is known as a country that has the beauty of the natural panorama of the sea and land and also invaluable cultural resources for the development of national tourism, in order to realizing the welfare and prosperity of the people as mandated by the1945 Constitution of the Republic of Indonesia. This research focus on discuss Global Principles of Sustainable Tourism Development and Sustainable Tourism Development Policy in Bali Province and to analyze the management of tourism destination in KSPN Kintamani-Lake Batur. This research is a normative legal research. The data used are primary and secondary data. The result explaine that the main economic sector in Bali, on the one hand, tourism performance is required to reduce the negative impact of tourism development. Nationally, with the enactment of Law Number 10 of 2009 concerning Tourism and Government Regulation Number 50 of 2011 concerning the National Tourism Development Master Plan (RIPKN), the Bali Provincial Government is required to prepare a Regional Tourism Development Master Plan (RIPKD) as stated in Bali Provincial Regulation No. 10 of 2015 concerning the Bali Provincial Tourism Development Master Plan for 2015-2029, which contains visions, directions, and plans that direct the development of tourist areas in Bali.

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