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Penerapan Restorative Justice Kepolisian Terhadap Pencemaran Nama Baik dalam Dunia Digital Hartanto, Hartanto; Budiarto, Djoko; Rhiti, Hyronimus
Jurnal Hukum Caraka Justitia Vol. 2 No. 2 (2022)
Publisher : Universitas Proklamasi 45

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (188.851 KB) | DOI: 10.30588/jhcj.v2i2.1100

Abstract

The National Police of the Republic of Indonesia is given a very broad authority in carrying out its duties as the main task of the National Police, among others Harkamtibmas, Protecting, Mengayami, Serving the community and Law Enforcement, in which it is also given another authority that is discretionary police an authority to perform actions based on the conscience of police members on duty and supported by the rules that exist in police institutions. The issue that will be discussed is whether the concept of Restorative Justice in accordance with the Circular letter of the Police Chief Number SE/2/II/2021 on Ethical Cultural Awareness to Realize a Clean Digital Space of Indonesia, Healthy, and Productive can be applied in accordance with the Law of the Republic of Indonesia No. 19 of 2016 Amendments to Law No. 11 of 2008 on Information and Electronic Transactions and Criminal Defamation regulated in the Criminal Code as an alternative to suppress cybercrime, but also must be able to as a deterrent effect in order to provide protection for the human rights of others.
The Relevance of the Precautionary Principle in Environmental Law Enforcement Rhiti, Hyronimus; Chandavashti, Emilia Prasetya
AURELIA: Jurnal Penelitian dan Pengabdian Masyarakat Indonesia Vol 4, No 1 (2025): January 2025
Publisher : CV. Rayyan Dwi Bharata

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57235/aurelia.v4i1.5471

Abstract

Environmental degradation is one of the negative consequences of technological advancements and the increasingly massive development processes taking place. The environment is often viewed purely from an economic perspective, serving as a mere tool to satisfy human economic needs or, in some cases, to fulfill unchecked greed. The anthropocentric perspective, which places humans at the center of the human-nature relationship, is frequently blamed as the root cause of this issue. This article explores the precautionary principle as a fundamental legal doctrine that must be upheld in environmental law enforcement. The in dubio pro natura principle is closely related to this concept, asserting that when faced with uncertainty in resolving environmental disputes, judges must prioritize environmental sustainability.  This study employs a normative legal research method with a conceptual and philosophical approach. The findings indicate that in dubio pro natura, as a principle intrinsically linked to the precautionary principle, must be firmly upheld by judges in handling environmental disputes. This principle is crucial in ensuring environmental sustainability for future generations thereby realizing the concept of intergenerational justice.
The Environment As A Legal Subject: A Post- Humanist Philosophical Perspective Rhiti, Hyronimus
International Journal of Science and Environment (IJSE) Vol. 5 No. 4 (2025): November 2025
Publisher : CV. Inara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51601/ijse.v5i4.243

Abstract

The accelerating ecological crisis and the persistent anthropocentric orientation of legal systems have revealed significant limitations in traditional jurisprudence. Environmental degradation, climate change, and biodiversity loss underscore the urgency of rethinking legal frameworks that historically prioritize human interests over the rights and integrity of ecosystems. This study aims to explore the concept of the environment as a legal subject through the lens of post-humanist philosophy, emphasizing the ethical, ontological, and legal rationales for extending subjectivity beyond human entities. The research employs a philosophical and conceptual method, critically analyzing the theoretical foundations of legal subjectivity, post-humanist thought, and the moral standing of non-human entities. It synthesizes insights from legal philosophy, environmental ethics, and jurisprudence to construct a coherent framework for recognizing ecological systems as holders of rights within legal orders. The findings indicate that post-humanist philosophy provides a robust conceptual justification for acknowledging ecosystems as legal subjects. By decentering humans and emphasizing relationality among all living and non-living entities, law can be reoriented to protect the intrinsic value of nature, promote ecological sustainability, and ensure intergenerational justice. The study also identifies practical pathways for integrating ecological subjectivity into legal systems, including through the appointment of legal guardians for ecosystems and the adoption of rights-based frameworks in constitutional and statutory law. This research contributes to the theoretical discourse on environmental jurisprudence by offering a normative and philosophical basis for expanding the notion of legal subjectivity. It is expected to guide policymakers, scholars, and legal practitioners in developing laws that recognize the environment not merely as an object but as an active participant in legal and ethical frameworks.