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All Journal Pembaharuan Hukum Jurnal Hukum Lex Generalis Jurnal Hukum dan Pembangunan
Rahma, Nabila Aulia
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Law, Crime, Criminology & Criminal Justice

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Urgensi Integrasi Pengaturan Mekanisme Keadilan Restoratif dalam Sistem Peradilan Pidana di Indonesia Rahma, Nabila Aulia; Toloh, Pascal
Jurnal Hukum & Pembangunan Vol. 52, No. 4
Publisher : UI Scholars Hub

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Abstract

Conventional criminal law has always been synonymous with prison, where the settlement can result in the exclusion of the right to a sense of justice for victims because of their disproportionate position. This situation encourages the emergence of the concept of restorative justice, where based on this concept, criminal cases are resolved by involving perpetrators, communities and victims. However, at the regulatory level, the concept of restorative justice is set differently in various rules, which have not been synchronized, such as the internal rules of the Indonesian Police, the Attorney General's Office and the Supreme Court. Inconsistencies in these norms can have an impact on the level of implementation that is not in line with the formulation of an integrated criminal justice system or "Integrated Criminal Justice System". This study aims to determine the problems of restorative justice arrangements in the national legal system in Indonesia and how urgent the integration of restorative justice arrangements in the national legal system in Indonesia is. The research method used in this study is a normative-juridical legal study with a statue approach, conceptual approach, and also comparative approach. The results show: That there are still differences in interpretation and inconsistencies between regulations on restorative justice in the criminal justice system in Indonesia, so a formulation of regulations on restorative justice in the criminal justice system is needed so that the implementation of restorative justice mechanisms can be implemented optimally. The author will focus on the integration of regulations regarding restorative justice mechanisms in the Code of Criminal Procedure (KUHAP) so that it can be in line with the conception of an integrated criminal justice system. In addition, to organize quality regulations, the author will analyze with a comparative approach restorative justice arrangements in other countries.
Politik Hukum Tata Kelola Perizinan Lingkungan Pasca Undang-Undang Nomor 11 Tahun 2020 tentang Cipta Kerja Rahma, Nabila Aulia
Jurnal Hukum Lex Generalis Vol 3 No 11 (2022): Tema Hukum Lingkungan
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v3i11.337

Abstract

The passage of the Job Creation Law brought about many fundamental changes in economic policy, including environmental licensing. The reason is that there is a fundamental legal political change that is more directed towards the ease of doing business and investing compared to environmental conservation, namely by changing the terminology of environmental licensing to environmental approval. So in this paper, the author will discuss how to analyze the legal politics of environmental licensing governance after the Job Creation Act. The results of this study indicate a change in legal politics in environmental licensing governance after the Job Creation Act which has implications for the business licensing system. So that a legal mapping is needed regarding the ideal concept of environmental permitting to be in accordance with the 1945 Constitution of the Republic of Indonesia.
THE IDEAL CONCEPT OF ENERGY CONTROL IN INDONESIA FROM THE ECONOMIC CONSTITUTION PERSPECTIVE Qurbani, Indah Dwi; Rafiqi, Ilham Dwi; Yofita, Emilda; Rahma, Nabila Aulia
Jurnal Pembaharuan Hukum Vol 9, No 3 (2022): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v9i3.17429

Abstract

Indonesia's energy transition trends are faced with many challenges and require support in several life sectors. Thus, the pledge of legal certainty and justice through the policies and legal arrangements has become a crucial factor. The present research employed normative legal research with a statutory, historical, and conceptual approach. The purpose of the research was to examine the regulation about energy control in Indonesia all this time and the prospects to regulate energy development from the economic constitution perspective. This study uses a normative juridical method with statutory, historical and conceptual approaches. The results had indicated that such a perspective became an ideal concept to be a basis, reference, and control to the energy regulation in the future. The economic constitution also implied that the economy was built as a shared effort referred to the principle of kinship. Consequently, each of the energy development elements, i.e., policy, management, regulation, and supervision had to be carefully measured for the sake of human’s prosperity. The development and use of renewable energy as the core energy source were strongly consistent with the actualization of economic welfare and safety among the people, which remarked the key to indicating the existence of the economic constitution.
Co-Authors Indah Dwi Qurbani Rafiqi, Ilham Dwi Toloh, Pascal Yofita, Emilda