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All Journal Justitia et Pax Jurnal Hukum dan Pembangunan
Triantono, Triantono
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Law, Crime, Criminology & Criminal Justice

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PARAMETER KEYAKINAN HAKIM DALAM MEMUTUS PERKARA PIDANA Triantono, Triantono; Marizal, Muhammad
Justitia et Pax Vol 37, No 2 (2021): Justitia et Pax Volume 37 Nomor 2 Tahun 2021
Publisher : Penerbit Universitas Atma Jaya Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24002/jep.v37i2.3744

Abstract

According to Article 183 of the Criminal Procedure Code, a judge may not impose a sentence on a person unless he has at least two valid evidence and he is convinced that a criminal act actually occurred and that the defendant was guilty of committing it. In this context there are at least two means of evidence and belief must be applied cumulatively based on the negative evidence theory (negative wettelijk bewijs theorie) adopted in Indonesia. The word two means of evidence refers to the parameter that there must be at least two pieces of evidence from the four pieces of evidence that have been determined limitatifly based on Article 184 of the Criminal Procedure Code, but the problem is that there is no clear measure (parameter) regarding the judge's conviction. The results of the study concluded that the judge's confidence parameters consisted of formal parameters and material parameters. Formal parameters are very much determined by formal evidence as stipulated in law and jurisprudence. Meanwhile, material actors have a freer character not only to see formal procedural facts but also to juridical, sociological, and philosophical aspects.
EKOSIDA: STUDI ATAS PENDEKATAN LOSS OF ECOLOGICAL SERVICE DAN ENVIRONMENTAL CRIME SERTA PROSPEK PENGATURAN DI INDONESIA Triantono, Triantono; Purwanti, Ani; Rochaety, Nur
Jurnal Hukum & Pembangunan Vol. 52, No. 2
Publisher : UI Scholars Hub

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Abstract

Ecosides have become an international discourse since the 1970s, as a result of concerns about human behavior towards the environment. In the last 10 years ecocide has appeared so clearly as part of a structured, systematic and massive exploitative action. The development of environmental crimes in the form of ecocides has not been followed by concrete efforts in the form of an international consensus to define ecocides as the most serious crime that can threaten environmental destruction. In the midst of this situation, there are 2 (two) interesting approaches to be developed further within the framework of explaining, analyzing and understanding ecocides, namely the loss of ecological service and environmental crime approaches. Therefore this study will focus on 2 (two) issues, : What is the history, concept and significance of ecocides in the framework of environmental protection and human rights; and what about ecocide analysis in the loss of ecological service and environmental crime approaches in the dimensions of international criminal law and reform of Indonesian criminal law? The results of the study show that formulating ecocides as a normative construct is very important in order to provide further steps in protecting both the environment and humans. The duality of approaches in understanding ecocide has the opportunity to be developed in the context of an integrative approach, thereby guaranteeing certainty of response to ecocide internationally, including in developing effective criminal policies in Indonesia.
Kawasan Strategis Pariwisata Nasional (KSPN) Borobudur Dalam Perspektif Poltik Hukum Otonomi Daerah Triantono, Triantono; Marizal, Muhammad; Ardhi Razaq A, Muhammad
Jurnal Hukum & Pembangunan
Publisher : UI Scholars Hub

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Policy of the Borobudur National Tourism Strategic Area (KSPN) still has problems in terms of central and regional legal policy relations, village authority, and the approach of community participation. Research related to this was carried out using a normative juridical method with an empirical approach. Data was collected through the collection of legal materials, observations, in-depth interviews, and FGDs with key groups. The collected data is then processed and analyzed to produce an analytical description. The results of the study show that the policy of the Borobudur area as a strategic national tourism area (KSPN) opens opportunities, especially in improving regional management to improve community welfare. However, problems in the era of regional autonomy and the increasing capacity of village government authorities are still encountered regarding the synergies of the legal policy of managing the Borobudur area as an area of cultural heritage, tourism and education. The problem of participation, protection and empowerment of communities around the Borobudur area is also still encountered and becomes an important point through a protective-responsive empowerment approach.
Co-Authors Ani Purwanti Ardhi Razaq A, Muhammad M Marizal Nasution, Annio Indah Lestari Nur Rochaety, Nur